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Questions Answered by Paula Hough
1 Answer | Asked in Traffic Tickets for Virginia on
Q: have you even seen anyone receive jail time for getting two reckless driving tickets within a month of each other ?

the driver is 18 y/o and has had a clean record up until these two tickets; 90 in a 55 and 72 in a 45

Paula Hough
Paula Hough
answered on Jan 17, 2023

Yes. In some jurisdictions in Virginia, judges are giving jail sentences for excessive speed Reckless Driving charges. Your son should seek legal representation in the jurisdiction(s) in which he is charged.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My daughter got a ticket for going around a vehicle, and appears to be a reckless driving charge

She is planning on take a driving improvement class before court. Is she able to ask the judge to reduce the charge? Does she need an attorney?

Paula Hough
Paula Hough
answered on Jan 4, 2023

It will depend on the jurisdiction in which she has to go to court. Different judges have different rules regaring driving schoo (i.e., for what charges school is eligible, how often in can be done, if it can be done in advance). You should reach out to a local attorney for advice.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got 4 tickets and i have no license what should i do?

I got 4 tickets 3 weeks ago i am not sure if i should hire a lawyer and i also don’t know what i should do, I am 18. 1st ticket was red light. 2nd ticket was no license. 3rd was speeding 75 on a 45 not a reckless and 4th was a crossing double yield line

Paula Hough
Paula Hough
answered on Nov 10, 2022

You should have an attorney at least for the driving without a license charge, as it is a criminal misdemeanor. If you cannot afford an attorney, you should ask the Judge to appoint an attorney for you. An attorney can also help you potentially get the other charges dismissed or reduced.

2 Answers | Asked in Criminal Law for Virginia on
Q: How do I get seized money from an arrest that I was found not guilty of

I was arrested in a traffic stop my property was seized I went to trial was found innocent in my trial but never received any of my property back I have tried and tried to get a hold of the detective and so is my attorney with no result for I am out $800

and a cell phone that is on my... View More

Paula Hough
Paula Hough
answered on Nov 19, 2023

I would suggest reaching out to the Office of the Commonwealth's Attorney (the prosecutor). They can let the detective/police know that it is okay to release the property, as our case is over and they will no longer need it for evidentiary purposes.

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2 Answers | Asked in Criminal Law for Virginia on
Q: Will I be summoned as a witness?

I am an employee of a major store. I reported an incident of a man that exposed himself in front of me to the managers. The police came and never spoke to me. I found out 2 weeks later that the man was found and summoned to court. Should I expect a summons as well?

Paula Hough
Paula Hough
answered on Jul 20, 2022

You should expect a summons to come to court as a witness in this case. If you have not been summoned, but wish to testify, you should reach out to the Commonwealth's Attorney (prosecutor) in the city/county in which the offense occurred to make sure that you do get a subpoena for the case.

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2 Answers | Asked in Criminal Law for Virginia on
Q: If a person waives their right to counsel at their arraignment and later decide they do want counsel how do they do so?
Paula Hough
Paula Hough
answered on Mar 20, 2022

You do not need to do anything other than hire and attorney. Waiving your right to counsel at arraignment doesn't mean you can't have an attorney. It just allows the court to proceed with your case in the event that you don't have one. If you have an attorney with you (or if the... View More

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1 Answer | Asked in Criminal Law for Virginia on
Q: I need help understanding how an expungement works and perjury used in a trial.

Do you go in front of a Judge to plead your case for an expungement? I have evidence that perjury was used in my trial, my charge was a counter charge after said person was delivered the summons. I was arrested for another false charge by the same person months later. My protective order was also... View More

Paula Hough
Paula Hough
answered on Feb 10, 2022

These are two separate questions.

As for expungement, when a person is found not guilty or their case is otherwise dismissed by the Commonwealth, the individual may be eligible to have the charge expunged from their record. That is done by a civil petition to the Circuit Court of the...
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1 Answer | Asked in Criminal Law for Virginia on
Q: Someeone I know is apart of a fraudulent group?

Someeone I know is apart of a fraudulent group. He doesn't commit any of the crimes himself however he gets a cut of the pay as he was the "founder" of the group. When he gets caught what legal action would he be facing

for being the ring leader. Note this is all done online.... View More

Paula Hough
Paula Hough
answered on Feb 4, 2022

If someone is involved in a crime, they can be charged as a co-conspirator and we subject to the same charges and penalties as the others, regardless of their level of involvement.

1 Answer | Asked in Criminal Law for Virginia on
Q: What is manipulation of a witness in VA

My girlfriend’s son is involved in a large case in VA. His attorney said to him that prosecutor was possibly looking at her for manipulating a witness. What kind of attorney does she need to get,if any at all?

Paula Hough
Paula Hough
answered on Dec 9, 2021

Your son's girlfriend will need a lawyer who handles criminal cases, as tampering with a witness is a criminal offense.

1 Answer | Asked in Criminal Law for Virginia on
Q: What are my legal rights with a detective who claims he'll follow warrants if I don't cooperate and he won't explain why

A detective showed up at my dad's door telling him that I need to get a hold of him by the next day or warrant will be issued. I contacted him via phone he won't tell me why or what or anything he just says he's going to give me an opportunity to cooperate and I don't know what... View More

Paula Hough
Paula Hough
answered on Sep 7, 2021

You should not talk to the police without a lawyer present! Generally speaking, if the police have enough evidence for a warrant, they will get one, whether you talk to them or not. The police will use the "we'll take out a warrant unless you speak with us" tactic to get you to... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: If I represent myself on traffic charge and found guilty can I ask for an apeal to get a lawyer ?
Paula Hough
Paula Hough
answered on Jul 27, 2021

Yes. You have 10 days from the date of your conviction to appeal your case to the Circuit Court. You can hire an attorney to represent you on that new court date.

1 Answer | Asked in Criminal Law for Virginia on
Q: Hi, I have been subpeonaed as a witness for a case involving a woman driving erratically. Do I have to attend?

The court only convenes on Tuesdays, the one day a week I have an office rented and see most of my mental health clients. I can't switch the day and that is my money to live on, as well as my clients need their sessions. Is their an option like a recorded statement that I can legally request.

Paula Hough
Paula Hough
answered on Jul 22, 2021

If you are subpoenaed, you are legally required to attend court. You may want to reach out to the Commonwealth's Attorney (prosecutor) in the jurisdiction where you have to go to Court. He or she may be able to help you avoid coming to court, or explain your options if you do not appear.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Is Virginia 46.2-830.1 considered a moving violation? I understand there's no points assessed, but just want to be sure.
Paula Hough
Paula Hough
answered on Jul 9, 2021

No points are assessed by the Virginia DMV for a violation of 46.2-830.1.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Am I going to go to jail? Please help!

I got caught doing 90 in a 70 in hopewell va. I am currently taking a driving class so I can take it to court is this Smart. I have +4 on my driving record and printed out my dmv record which has no tickets on it. I am also hiring a local lawyer to help me as well. I am freaking out I plan on... View More

Paula Hough
Paula Hough
answered on Jun 8, 2021

It is smart to do the driving school. At that speed, if you were to hire a local attorney, you would not need to appear in court (the attorney could go on your behalf). The charge is a criminal misdemeanor, so you should hire an attorney, or at least seek legal advice. I strongly believe that an... View More

3 Answers | Asked in DUI / DWI for Virginia on
Q: I got a dui over 10 yrs ago never took asap,license are revoked till I get a asap paper, what to do
Paula Hough
Paula Hough
answered on Mar 13, 2021

You should go to the Virginia DMV and get a "compliance summary" which will tell you what you need to do to get your license reinstated.

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: Virginia code 46.2-715. Display of license plates.

I live in Virginia and am buying a car from a state that did not require front license plates. There are no brackets or holes to mount a plate. Do I need to "alter" the car to accommodate a front plate or is their a provision for this situation?

Paula Hough
Paula Hough
answered on Mar 10, 2021

Short answer: Yes. Virginia law requires front tags.

2 Answers | Asked in Criminal Law for Virginia on
Q: If my charges will be dismissed after 1 year of under advisement was I convicted of a crime?
Paula Hough
Paula Hough
answered on Feb 22, 2021

If your case is under advisement, then you have not yet been convicted of anything. Your case is still pending. When the year is over, and you go back to court - if you've successfully complied with the terms for dismissal, then your case will be dismissed and you will not have been convicted.

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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... View 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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