Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by John David Mayoras
1 Answer | Asked in Criminal Law and Family Law for Virginia on
Q: Can a lawyer ask the plaintiff to drop the felony charge down

Is this intimidation of the plaintiff who does not have an attorney. The fathers lawyer took the mother aside (dad was arrested for strangulation of mother) and said she should drop the felony because it wouldn't be good for her sons father or her son in the long run.

John David Mayoras
John David Mayoras
answered on Mar 25, 2016

Well, In Virginia technically a victim cannot drop or reduce a charge. They only person who can do that is the Commonwealth Attorney. Now a victim's input should matter to the Commonwealth Attorney, and they have to consult with the victim and include them in discussions regarding... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: i was charged witb posession of a firearm by a convicted felon. the PROSECUTOR ASKED THAT THE CHARGE BE DISMISSED.

the charge was dismissed. but now the same prosecutor has asked the grand jury to incict and they are. can they do this?

John David Mayoras
John David Mayoras
answered on Mar 25, 2016

It depends. If the prosecutor moved to nolle prosequi the charge then that is a dismissal without prejudice. Which means they can bring the charge back. And typically when they do its through a direct indictment in Circuit Court. Prosecutors will do this for a variety of reasons, mostly... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.