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Questions Answered by Kristin Paulding
1 Answer | Asked in Criminal Law and Family Law for Virginia on
Q: How do I help get the Domestic A&B charges dropped when I specifically told the magistrate she only wanted a 72hr order?

My husband and I got into an arguement and he broke some things(which I have also done in the past during an arugement). He needed to leave the house and calm down because it was a bad fight. When he grabbed a tv to pull the light bulb out of it I was standing in front and the tv fell off and hit... Read more »

Kristin Paulding
Kristin Paulding answered on Feb 19, 2016

The Commonwealth Attorney's Office in your jurisdiction will likely be prosecuting your husband. They will subpoena you for the case and you will be a witness to what happened. You can call their office and find out who is handling the case and ask to speak with them. Some jurisdictions will drop... Read more »

2 Answers | Asked in Criminal Law, Juvenile Law and Military Law for Virginia on
Q: 1st offense, DWI ,underage (19), blew a .007 at station , active duty military already NJPd. What am I looking at?

Fell asleep at a red light, failed field sobriety tests, blew a .007 at station but I'm 19 charged with DWI . I'm an active duty marine , already got NJPd for it .military is also making me go to alcohol classes. This is my first offense . Is there anyway I can get out of this without to much... Read more »

Kristin Paulding
Kristin Paulding answered on Feb 11, 2016

There is a specific Virginia Code Section for people under the age of 21 who have been arrested for DUI. Under 18.2-266.1 if you are under 21 and you are driving with a BAC of .02 to .08 you can be found guilty of a Class 1 misdemeanor which is punishable by up to 12 months in jail and a $2500... Read more »

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2 Answers | Asked in Criminal Law for Virginia on
Q: SO WHAT IF ITS A FIRST TIMER AND IT GOT CHARGE WITH ASSAULT BATTERY ON A FAMILY MEMBER WHAT THE RESULT
Kristin Paulding
Kristin Paulding answered on Feb 11, 2016

Assault and Battery on a Family Member is a Class 1 misdemeanor punishable by up to 12 months in jail and a $2500 fine. However, if you are found guilty or the Court determines there is enough evidence to find you guilty you can be given a deferred finding. A deferred finding option is available... Read more »

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1 Answer | Asked in Criminal Law for Virginia on
Q: how long will a 35 year old man spend in jail for punching his 15 year old step daughter in the face?
Kristin Paulding
Kristin Paulding answered on Feb 2, 2016

This is a difficult question to answer because I do not know what the charges are. He could potentially be charged with Assault and Battery of a Family Member which is a class 1 misdemeanor. Class 1 offenses carry a maximum of 12 months in jail. If the punch caused serious injury he may be charged... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: found guilty of misde assault, appealed to Noelle prosq. Do I have to put I was convicted on an employment application?
Kristin Paulding
Kristin Paulding answered on Jan 19, 2016

It sounds like you were convicted of misdemeanor assault. Once you appealed you got a trial de novo (a brand new trial) in Circuit Court. During that appeal the prosecutor can make a motion to nolle prosequi the charge. This means he/she is not prosecuting the charge. When a charge is nolle prossed... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Am I able to go in front of a judge to get a restricted license I have fines that are old.

About 5 years ago I got arrested and got some traffic tickets, I did time on various warrants/charges and when I finally came home my fees and fines had been transferred over to some firm with a ton of interest and other fees.

I cannot get work in my area of Virginia , Norfolk without... Read more »

Kristin Paulding
Kristin Paulding answered on Jan 3, 2016

Yes, you can petition the Court for a restricted driver's license. You may need to present a current DMV abstract to show that you have not been in any trouble in the last few years. The Court may also ask you why you are applying for the license. The Court may be more likely to grant you a... Read more »

2 Answers | Asked in Criminal Law for Virginia on
Q: Will I have to take another drug test in court at dismissal hearing?

First offense ever possession of marijuana, I have completed all court required procedures and have finished up all my probation officer visits, and all of my drug test have come back negative because I've been clean the whole time, however my physician just prescribed me some medicine due to an... Read more »

Kristin Paulding
Kristin Paulding answered on Dec 15, 2015

It depends what jurisdiction you are in. Typically they will not drug test you if you have complied with all of the requirements up until that point. However, you may want to bring a copy of your prescription and a letter for your doctor showing that you were recently prescribed that medication. In... Read more »

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1 Answer | Asked in DUI / DWI for Virginia on
Q: what is the level of a DUI? Felony or misdemeanor
Kristin Paulding
Kristin Paulding answered on Nov 19, 2015

A first offense DUI is a misdemeanor in Virginia. A second offense is also a misdemeanor. A third or subsequent offense is a felony.

1 Answer | Asked in Criminal Law for Virginia on
Q: Can I go after a company for one of their managers stealing my identity and getting company paychecks in my name?

The district manager was clocking me in and out for almost a year after I quit the job after I only worked for a week. Checks were forged and direct deposited to his bank acct.

Kristin Paulding
Kristin Paulding answered on Nov 19, 2015

I would start by filing a police report in the city where you work. Most departments have economic crimes units and you would want to speak with an officer who could take a report and begin investigating this. Theft, forgery and obtaining money by false pretenses are all crimes in Virginia and one... Read more »

2 Answers | Asked in Criminal Law for Virginia on
Q: An ABC agent called and said she needs to meet with me concerning a theft that occured at a liquor store Will she arrest

Don't know if I should meet her. Is she going to arrest me?

Kristin Paulding
Kristin Paulding answered on Nov 19, 2015

Mr. De Groot is correct. There is nothing wrong with telling the ABC agent that you want to get an attorney first. Once you speak with your attorney you can discuss if it is in your best interest to talk to the agent about the theft. He or she may say no. Either way, anything you say to the agent... Read more »

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1 Answer | Asked in Juvenile Law for Virginia on
Q: Can a minor be questioned with out the presents of his parents? Can his words be used to charged him if he was never

read his rights?

Kristin Paulding
Kristin Paulding answered on Oct 4, 2015

The police can question a minor without his parents or guardians present. Your statements can be used to charge you even if you were not read your rights. However, they may be kept out of Court if you go to trial and the police were required to read you your Miranda rights. It's best to talk to an... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: First speeding ticket at 18 years of age going 71 in a 55. Why do i HAVE to take a driving improvement class?
Kristin Paulding
Kristin Paulding answered on Oct 4, 2015

Many times the Courts will allow you to take a driving class to have the speeding ticket reduced to 1-9 miles over or to have the charge dismissed. You do not have to take the class but if you don't you will likely be convicted, given a fine and ordered to pay Court costs.

2 Answers | Asked in Criminal Law for Virginia on
Q: If you get first offenders status in court and you're considered a non compliant what happens?

If you have never gotten any charges in your life or been in any kind of legal trouble and you get a marijuana charge, they give you first offenders status and you dont have money to pay for asap what happens if this case is returned to court?

Kristin Paulding
Kristin Paulding answered on Oct 2, 2015

If you do not comply with ASAP the court can find you guilty of the marijuana charge. If it is a first offense you can be sentenced up to 30 days in jail. Completing ASAP and the first offender classes give you an opportunity to have the charge dismissed. You may want to let the Court know why you... Read more »

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2 Answers | Asked in Criminal Law for Virginia on
Q: I'm 15 yo and was caught shop lifting today, will it affect my chances of finding a job/ college? First offense

I took cough medicine and condoms, but admitted to it. I'll have a court date and everything but I'm more worried about my future than anything. I'm a ab honor roll student with high expectations in my life, I was gonna go to a 4 year college then move up to an even better 4 year college hoping to... Read more »

Kristin Paulding
Kristin Paulding answered on Oct 2, 2015

You want to talk to an experienced criminal defense attorney so that he/she can present all of those facts to the Judge. If the Court sees that you are a good kid and are working hard to have a positive future they may be lenient on you because you chose to take responsibility for your actions. A... Read more »

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2 Answers | Asked in Criminal Law for Virginia on
Q: STAT. BURGLARY OF DWELLING TO COMMIT OTHER FELONY OR A&B what does this charge means
Kristin Paulding
Kristin Paulding answered on Oct 2, 2015

Without more facts I can only give you a generic answer. Burglary is when you break and enter into a dwelling or other structure with the intent to commit a crime. Some Burglary statutes apply to breaking and entering with the intent to commit larceny or assault and battery while others deal with... Read more »

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1 Answer | Asked in Criminal Law for Virginia on
Q: i got a drunk in public and idenity theft charge to aviod arrest in arlington va last sunday.. how serious is this?

what happened to freedom of speech? why cant i be the president or george washington.. ???

Kristin Paulding
Kristin Paulding answered on Jul 19, 2015

Any criminal charge is serious. Both of these charges will remain on your criminal record if convicted and that can have an impact on future job interviews or school programs that you may apply for. I do not know the specifics of your case but I would speak to a criminal defense attorney before you... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: I'm the victim of a domestic battery, do I have to go to court?
Kristin Paulding
Kristin Paulding answered on Jul 19, 2015

If you are the victim of a domestic battery you may receive a subpoena from the Court or Commonwealth Attorney's Office to appear in Court for the trial. If you receive a subpoena you must appear on that date and time. If you do not appear the Court can issue a show cause or capias for your arrest.

1 Answer | Asked in Criminal Law for Virginia on
Q: What proof do they need to charge and convict me of felony eluding on a motorcycle?
Kristin Paulding
Kristin Paulding answered on Jun 27, 2015

Section 46.2-817 of the Virginia Code applies to eluding. To convict you of eluding the prosecutor must show that you received a visible or audible signal from a law enforcement officer to stop your vehicle. For example police lights and sirens. After receiving that signal they must show that you... Read more »

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