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Questions Answered by Paula Hough
1 Answer | Asked in Criminal Law for Virginia on
Q: If I was charged with a assault misdemeanor 18.2-57. Does that make me non eligible to posses or buy a firearm?

This happened in 2012

Paula Hough
Paula Hough answered on Oct 20, 2020

If you were merely charged, there should be no issue. If you were CONVICTED of simple assault, you should also be fine to purchase/possess a firearm. HOWEVER, if the charge was a domestic assault / assault on family member, then you are federally prohibited.

1 Answer | Asked in DUI / DWI, Family Law and Domestic Violence for Virginia on
Q: If a judge says good behavior for a DV charge,and the ruling is AFTER you get a DWI, can he use the DWI against you?

Fiance received a ruling of good behavior for 2 years and the judge made the decision on June 1st. Well my fiance got a dwi while he was awaiting trial for the domestic violence. IF the judge made the ruling of 2 years good behavior, can the judge use the dwi against him, or would it even count if... Read more »

Paula Hough
Paula Hough answered on Oct 12, 2020

Typically, an offense that occurred before the judge's order will not violate the "general good behavior" order.

2 Answers | Asked in Traffic Tickets for Virginia on
Q: I have a court hearing in less than 3 days for a reckless driving, but no lawyers are responding. What should I do?
Paula Hough
Paula Hough answered on Oct 11, 2020

If you are local, you can go to court and ask the Judge for a continuance so that you have more time to find an attorney. If you're not, you can call the Clerk and ask that the process would be for a continuance.

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1 Answer | Asked in Criminal Law for Virginia on
Q: What would happen if I change my stament if I filed a police report

A couple months ago I thought my boyfriend took my card without my permission and so I told my dad and HE called the cops. I realize now a month or two later I forgot I told him he could use it a couple nights before. So I totally forgot. Will I get in trouble for changing my story? It was an... Read more »

Paula Hough
Paula Hough answered on Aug 31, 2020

You should not be in any trouble at all if you did not speak with the police. If you did tell the police that your card was used without permission, and your boyfriend is charged, you may want to get an attorney if want to testify to something other than what you told the police.

2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: if my husband has a strangulation charge in Chesapeake and I have written a letter

to the common wealth attorney & the prosecutor that I'm no interested in pursuing charges do I still need to be at the preliminary hearing

Paula Hough
Paula Hough answered on Aug 14, 2020

If you are given a subpoena, you are required to go to court. If you have concerns about testifying as a witness for the prosecution (commonwealth's attorney), you may want to reach out to a local attorney to discuss your legal options.

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got a ticket for going 84/60 on the interstate, this is my first violation ever I just turned 18, will I qualify to

Traffic school to wipe the points off my license and keep my insurance rate low? And also can I ask for a mitigation ?

Paula Hough
Paula Hough answered on Aug 7, 2020

Depending on the jurisdiction and Judge, you may be able to get your charged reduced or dismissed. You should reach out to a local attorney, who can advise you on whether or not you need an attorney and what steps you can take to mitigate this charge.

1 Answer | Asked in Criminal Law for Virginia on
Q: In Va can a prosecutor Nolle Proseque a case without prejudice because they can't find the confidential informant?

My son is already a felon as of 6 yrs ago. drug charges. This was a gun charge. My husband sold a gun he had to this CI. My son knew the guy He came wired they had conversation on audio. My husband is accredible and does not a . criminal record at all. Shouldn't that account for... Read more »

Paula Hough
Paula Hough answered on Apr 16, 2020

Yes. As long as the the Commonwealth's Attorney can articulate "good cause", three motion to nolle prosequi should be granted.

1 Answer | Asked in Criminal Law for Virginia on
Q: Whats the statute of limitations on class 6 felony for escape from a group home on conditional release
Paula Hough
Paula Hough answered on Sep 30, 2019

In Virginia there is no statute of limitations on felony offenses.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Is it IMPROPER STOPPING ON A HIGHWAY VALID IF THE SAID HIGHWAY WAS A BLVD IN COLONIAL HEIGHTS VIRGINIA SHOPPING AREA.

I pulled over on SOUTH BLVD AT 11 PM DUE TO A CAR MALFUNCTION

DIRECTLY NEAR A CURB AND MY HAZZARDS WERE ON, IN COLONIAL HEIGHTS VA..

THE OFFICER SAID THAT IT WAS AN IMPROPER STOP ON A HIGHWAY..

PLEASE HELP

Paula Hough
Paula Hough answered on Aug 5, 2019

Yes- according to Virginia code § 46.2-100:

"Highway" means the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth, including the streets and alleys, and, for law-enforcement purposes,...
Read more »

2 Answers | Asked in Criminal Law for Virginia on
Q: If I plead guilty to a crime, can a jury still decide to drop all charges

This is a criminal case that's quite complex

Paula Hough
Paula Hough answered on Aug 5, 2019

No. In Virginia a jury would first decide guilt or innocence. Then, if you were found guilty, the jury would determine your sentence. If you have already pleaded guilty, there will be no jury.

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1 Answer | Asked in Criminal Law for Virginia on
Q: Can an unauthorized use of motor vehicle Charge be dropped To A misdemeanor.??
Paula Hough
Paula Hough answered on Jul 29, 2019

Yes. Per Virginia Code § 18.2-102 - the case can be charged as either a Felony or Misdemeanor. If you are charged with a felony, the case can be reduced to a misdemeanor if (a) there is not enough evidence to support a felony (i.e., the value is less than $200) OR (b) the Commonwealth's... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: I am being charged with embezzlement from 2 and a half years ago. I left the company in Jan of 2017 they said I used my

Credit card with my name on it 2 times in February. One for 130.00 one for 122.00 can they charge me with felony embezzlement even though I was no longer with company

Paula Hough
Paula Hough answered on Jul 25, 2019

Yes. If there are unauthorized charges on the card, it does not matter if you are no longer employed by the company. It is embezzlement if the alleged behavior occurred during your time as an employee.

1 Answer | Asked in Criminal Law and Juvenile Law for Virginia on
Q: My 16 year old son got caught with someone that had beer and weed on them what will happen

The cops just called for me to go pick him up

Paula Hough
Paula Hough answered on Jun 17, 2019

Was your son charged? If not, nothing will happen to him. If he was charged, you should reach out to an attorney for advice and a consultation regarding the charge(es). Both underage possession of alcohol and possession of marijuana are criminal misdemeanor charges.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My speeding ticket says my fine is $61 dollars in total, but paying online shows i owe $125. Is there something wrong?

Also my copy of my speeding ticket doesnt have a signature.

Paula Hough
Paula Hough answered on Jun 11, 2019

The additional fees are for court costs.

2 Answers | Asked in DUI / DWI for Virginia on
Q: How long after getting a DUI can u be charged with driving on revoke DUI. Isnt there a statue of limitations on a DUI.

Does your fine have to be payed off for the statue of limitations to be in effect

Paula Hough
Paula Hough answered on Jun 11, 2019

Your "revocation" lasts 1 year for a first offense DUI. After the year is over, your license is considered "suspended" if you have not completed ASAP and have not gone to the DMV to have your license reinstated.

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1 Answer | Asked in Criminal Law for Virginia on
Q: how to reduce malicious wounding and felony strangulation charges?

my boyfriend and i were having issues last week and we shoved each other i went to the hospital just to make sure i didnt have a concussion and the hospital called the police and now he has some serious charges. I need to help him he has young children that need him!

Paula Hough
Paula Hough answered on Jun 6, 2019

You may be subpoenaed to testify against your boyfriend. You likely will both want to speak to separate attorneys.

2 Answers | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: case dismissed one month found guilty the next? what can be done about this?

4/09/2014 case dismissed (Expired Registration) case dismissed

5/29/2014 found guilty (Expired Registration) guilty

Jun 30 2014 License suspended by dmv

Nov 2014 license surrendered no prior knowledge of license suspension until this date when I was informed by chesterfield... Read more »

Paula Hough
Paula Hough answered on May 19, 2019

It appears from what you've written that the DMV suspension was for not paying fines and/or costs for the May expired registration charge.

I do not know the facts of either of the expired r

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1 Answer | Asked in Criminal Law for Virginia on
Q: My son get this charge. What is the meaning of this offense in common words please? He was under drugs effects or what?
Paula Hough
Paula Hough answered on May 16, 2019

Thank you for your question. It is unclear for what offense your son has been charged. Please provide a code section (it will usually start with "18.2-...") or the name of the specific charge.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: What’s my percentage on actually going to jail for reckless driving?

I live in the state of Virginia & I was charged with Reckless driving on my way to work.. The speed was 98/60 but the officer was following for about 10 minutes before he pulled me over.. I didn’t know who it was following me due to it being 4 in the morning all I seen was headlights..... Read more »

Paula Hough
Paula Hough answered on May 6, 2019

It will truly depend on the jurisdiction in which you were charged. There are many judges in Virginia that will impose a jail sentence for driving at that speed. You will want to contact a local attorney right away.

2 Answers | Asked in Uncategorized for Virginia on
Q: How many hours per year of pro bono work are attorney's supposed to do?
Paula Hough
Paula Hough answered on Apr 20, 2019

The Virginia State Bar Professional Guidelines Rule 6.1 states:

(a) A lawyer should render at least two percent per year of the lawyer’s professional time to pro bono publico legal services. Pro bono publico services include poverty law, civil rights law, public interest law, and...
Read more »

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