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Questions Answered by Samantha Bohannon
1 Answer | Asked in Domestic Violence for Virginia on
Q: Can my husband show up with me to the preliminary hearing and drop the domestic assault charges on me that he filed?
Samantha Bohannon
Samantha Bohannon answered on Dec 9, 2015

Short answer, no. Once charges have been taken out, the only person who can dismiss the charges is the Judge. The Commonwealth attorney can ask for them to be dismissed, but only the Judge can dismiss them.

1 Answer | Asked in Juvenile Law for Virginia on
Q: I am 16, living in Henrico Virginia. If a cop sees me after curfew what happens?
Samantha Bohannon
Samantha Bohannon answered on Dec 9, 2015

Depends on why you are out after curfew. If you are alone, without parental permission, and going home after a school event or work, then nothing will happen. However, if you are doing something you shouldn't be doing, you may get ticketed for being out past curfew and then whatever else you are... Read more »

3 Answers | Asked in DUI / DWI for Virginia on
Q: I had a previous driving while ability impaired (DWAI) in New York. Would that count as a first DUI offense in Virginia?

A DWAI is considered a "traffic infraction" in NY and I wondering if it can be considered a first DUI offense in Virginia. I was just charged with a DUI in Virginia and the paperwork claims it's my second DUI within five years. If I was convicted of DWAI in NY, how could this be my second DUI... Read more »

Samantha Bohannon
Samantha Bohannon answered on Dec 9, 2015

In Virginia, the Courts county any similarly written statute from another state as a previous offense for DUI. So if NY's DWAI is written substantially similar to VA's DUI laws, then it would be considered your second offense. However, if there is enough difference, you or your lawyer could argue... Read more »

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1 Answer | Asked in Family Law for Virginia on
Q: my husband cheated and got another woman pregnant but is sending her stuff for the child will he have to pay c.s?

My husband and i been married for 4 years and he cheated on me and now have

a baby by another woman. We are still married bc i forgave him and i am

pregnant with our 3rd child. But the other woman now trying to put him on

childsupport. She want alot of money but she knew he... Read more »

Samantha Bohannon
Samantha Bohannon answered on Dec 9, 2015

Virginia looks at it as the support is for the child, not the parent. If he acknowledges that he is the child's father, then, yes, he could be responsible for child support. That being said, there are guidelines that most judges follow when awarding child support that take into account how many... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: My husband is in Georgia and I live in Virginia. He already filed for divorce in Georgia. What should I do?

Should I get a lawyer in Virginia or Georgia? And is it right for him to file for a divorce in Georgia?

Samantha Bohannon
Samantha Bohannon answered on Dec 9, 2015

If he meets the residency requirements for Georgia, he can file in Georgia. If you wish to be represented by an attorney, you would need to find a Georgia attorney, or find a Virginia attorney who is willing to partner with someone in Georgia.

1 Answer | Asked in Criminal Law for Virginia on
Q: what's the sentence for 4th offence marijuana charge all misdemeanors in the state over virginia
Samantha Bohannon
Samantha Bohannon answered on Dec 9, 2015

It really depends on what type of marijuana charge you receive (possession verse distribution) and what your criminal history is.

1 Answer | Asked in Criminal Law for Virginia on
Q: Can i be charged if i called police on someone but i got charged for something they found.

my house was broken into by a former ex girlfriend i called the police on her they smell marijuana in the air they search and found a nickel bag of weed can i be charged if thats not what they were called for

Samantha Bohannon
Samantha Bohannon answered on Dec 9, 2015

If they found it, you can be charged with it. Possession of Marijuana is a Class 1 Misdemeanor, punishable for up to 1 year in jail and or a $2500 fine. Whether you will be convicted of it is another question. You should speak with an attorney about possible defenses if you are charged with a... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: if I am subpoenaed to court to testify as a witness and do not appear, what are the outcomes? served 3 business before

I am the victim, so I'm guessing they need my testimony as their only evidence. The pending charge is Abduction. I do not wish to appear. The officer on the scene requested the subpoena, he also told me that night that I would not have to testify. and now here I am with a subpoena to testify.

Samantha Bohannon
Samantha Bohannon answered on Dec 9, 2015

If you do not appear, you can be given a Capias for Failure to Appear and possibly go to jail for not appearing. It is best to appear than to not appear. You can try talking with the Commonwealth Attorney to see if they will need you to testify that day, but if you have been subpoenaed, you need... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: I filed assault charges against my soon to be ex husband and his mother. What happens next?
Samantha Bohannon
Samantha Bohannon answered on Dec 9, 2015

If you went to the Magistrate, and a warrant was issued, then once your soon to be ex-husband and his mother are arrested on the charges, they will be given a court date, and you will hear from the Commonwealth Attorney about what the incident was. If you went to the police and filed a report,... Read more »

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