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Questions Answered by Paula Hough
1 Answer | Asked in Criminal Law for Virginia on
Q: Can I be charged with extortion if I demand money from someone *before* I drop fraudulent criminal charges against them?
Paula Hough
Paula Hough
answered on Apr 14, 2019

Virginia Code § 18.2-59 defines Extortion in part as:

Any person who (i) threatens injury to the character, person, or property of another person [or] (ii) accuses him of any offense...and thereby extorts money, property, or pecuniary benefit...from him or any other person, is guilty of a...
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2 Answers | Asked in DUI / DWI for Virginia on
Q: I just got my first dwi bac .23. I see mandatory jail time is 10 days in Va. will they consider no jail?
Paula Hough
Paula Hough
answered on Apr 9, 2019

By statute, the judge will be required to sentence you to 10 days of mandatory incarceration IF you are found guilty of DUI with that elevated blood alcohol content. You should contact an attorney right away (or ask for the Court to appoint you an attorney). There are many legal issues with DUI... View More

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2 Answers | Asked in Criminal Law for Virginia on
Q: What is charge for 54.1-111(A)(1) Practicing in the profession of contracting without a valid license?What does it mean?

I have filed a complaint on DPOR and was to the charge is 54.1-111(A)(1) Practicing in the profession of contracting without a valid license.

Paula Hough
Paula Hough
answered on Apr 4, 2019

Virginia Code § 54.1-111 (A) states:

A. It shall be unlawful for any person, partnership, corporation or other entity to engage in any of the following acts:

1. Practicing a profession or occupation without holding a valid license as required by statute or regulation.

It...
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2 Answers | Asked in Criminal Law and Immigration Law for Virginia on
Q: My wife, the applicant of form I-485 AOS just got issued a warrant for a hit and run. Our interview is next week...

What should she say during the interview regarding her charge? It’s her first ever offense of any kind and the whole situation was blown out of proportion.

Paula Hough
Paula Hough
answered on Mar 31, 2019

If asked, she should give a truthful answer. She should also state that she has not been found guilty of anything at this time. If she has an immigration attorney, she shouldn't consult that attorney right away.

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: Hi I got my restricted license in 8/1/18 got pulled over 7/30/18 got convicted on 2/15/19 license got revoked now I’m

Stuck with ignition interlock on my vehicle dmv says I can’t get restricted license is anything I can do?

Paula Hough
Paula Hough
answered on Mar 19, 2019

From what you are describing, it sounds like you were convicted of driving while you are suspended/revoked (for either a DUI or a drug charge) under VA code 18.2-272. One of the penalties under that statute is that the DMV takes your license for an additional 12 months (on top of the original... View More

2 Answers | Asked in Criminal Law for Virginia on
Q: So if the files are purged every ten years and the arrest still shows up shouldn't there also be records of case disp?
Paula Hough
Paula Hough
answered on Mar 11, 2019

Criminal records should show case disposition. As a side note, depending on how old the case is, the records may still exist. I've seen many cases where records of convictions older than 10 years are still able to be obtained. You may want to contact the court to see if your case file still... View More

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3 Answers | Asked in Criminal Law for Virginia on
Q: How long are circuit court case proceedings and final case dispositions kept in va?

I took a case from juvenile and domestic relationscourt where i was convicted of assault to circuit court where it was taken under advisement,and would be dropped after a period of time.This happened in 1996 it's not showing up on the online database.Will the circuit court still have some... View More

Paula Hough
Paula Hough
answered on Mar 11, 2019

Circuit Court cases should be available for you to review. Older cases won't be available online. You can visit the Circuit Court Clerk's office in the jurisdiction where your case was taken under advisement and request a copy of the case. It is likely in archives and may take a few... View More

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1 Answer | Asked in Criminal Law for Virginia on
Q: I recently asked a question about parole in the state of Virginia, and I would like a second opinion please.

The first time I asked I feel that the lawyer who replied is wrong, I read the section of the VA state laws about parole, and how they break it down determined by the # of years someone is locked up, and I feel strongly that VA prisoners are allowed parole. Please tell me who is correct here !

Paula Hough
Paula Hough
answered on Mar 5, 2019

Virginia abolished parole for felonies committed in 1995 or after. If someone was sentenced to a felony PRIOR to 1995, he or she would still be eligible for parole.

2 Answers | Asked in Criminal Law for Virginia on
Q: Does VA offer parole for its prisoners? According to code 53.1-151 it seems like they do, but I'm not an expert !

I am asking on behalf of a prisoner incarcerated in a state prison in VA.

Paula Hough
Paula Hough
answered on Feb 26, 2019

Virginia does not have parole, with the exception of Virginia Code § 53.1-40.01, which allows for “geriatric” parole of inmates not given the death penalty or life sentences. The statute states that “Any person serving a sentence imposed upon a conviction for a felony offense, other than a... View More

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2 Answers | Asked in Criminal Law for Virginia on
Q: can a lawyer agree to a set fee and then once fired charge you hourly fees and not refund a signicaint amout of money

nothing was ever signed in a contract all verbal

Paula Hough
Paula Hough
answered on Feb 26, 2019

The Virginia State Bar Professional Guidelines (Rule 1.16) provide that upon termination of representation, a lawyer shall …[refund] any advance payment of fee that has not been earned…” If you had a Retainer or Fee Agreement with the attorney, it would likely have stated the hourly rate, or... View More

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