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Questions Answered by Steve Miyares
1 Answer | Asked in Criminal Law and Stockbroker Fraud for Virginia on
Q: can a felon have his conviction removed from his records without having the crime dismissed?
Steve Miyares
Steve Miyares answered on May 6, 2018

Not in Virginia. If you were convicted of the offense in Virginia, then the conviction is permanent and can not be removered or expunged from your criminal record.

1 Answer | Asked in DUI / DWI for Virginia on
Q: Can you challenge a DUI if it seems like the breathalyzer was wrong?
Steve Miyares
Steve Miyares answered on May 5, 2018

You should privately consult an xperienced DUI attorney to discuss the facts of your psrticular case

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Evidence of Navy tenant lying about deploying to terminate lease early. Aug.2016-Aug.2017 Ship says its CIVIL.

She presented an official document

to Judge stating she was aboard a ship that deployed in Apr. 2017. Judge believes her. BECAUSE OF THE OFFICIAL DOC. I asked for a continuance & have proof that she DID NOT REPORT to the ship that deployed in Apr 2017 UNTIL AUG. 20, 2017! She was still... Read more »

Steve Miyares
Steve Miyares answered on May 2, 2018

I agree with the above answer. If you have some kind of evidence that she falsifies the documents then you should present that evidence to the court. You saying that another person told you that she falsified the document is heqrsay and not admissable as evidence. You should present the court... Read more »

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1 Answer | Asked in Domestic Violence for Virginia on
Q: First time offense clean record , they say I allegedly shot paintballs /missle at a car will I go to jail ?

Or is some type or probation or community service availabile I have a job I need to keep

Steve Miyares
Steve Miyares answered on Apr 30, 2018

Shooting or throwng a missile at an occupied vehicle is a felony offense in Virginia. It carries the potential for prison tme amd other serious consequences resulting from a felony conviction.

You should not discuss any other facts of this case on this or any other pblic forum. I strongly...
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1 Answer | Asked in Criminal Law for Virginia on
Q: If a person is sentenced to d.o.c. time in va,and is currently incarcerated,is he eligible for a diversion program
Steve Miyares
Steve Miyares answered on Apr 27, 2018

No. Under section 19.2-316.3 of the Code of Virginia, in order to participate in the Diversion program an individual would first have to wualify for the program amd then at sentencing the judge would suspend a penitentiary sentence conditioned on the defendant’s successful completion of the... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Can Federal rules of criminal procedures apply to State court proceedings
Steve Miyares
Steve Miyares answered on Apr 24, 2018

The federal rules apply to federal court proceedings. State rules apply to state court proceedings. Virginia’s criminal procedure laws are found in Title 19.2 of the Code of Virginia.

1 Answer | Asked in Criminal Law for Virginia on
Q: Va statue of limations on what ever they prosecute statutory rape as

I was 16 he was 20, happened in nov 2012. Reported like nov or dec 2017, was told by detective that he has no doubt that something happened that day but my statute of limations ran out even tho I didn’t report it because I didn’t think it would have a lasting effect on me and now I have ptsd,... Read more »

Steve Miyares
Steve Miyares answered on Apr 24, 2018

From your question, it sounds like this was a consensual sexual encounter when you were age 16. Assuming it was consensual, then it would fall under Virginia Code Secrion 18.2-371, which would be a class 1 misdemeanor. For a misdemeanor, the ststute of limitations is 12 months from the date of... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: I completed a probation period for a misdemeanor a while back. Am I technically convicted? Filling out FAFSA form?

It was for possession of marijuana.

Just need to know how to answer a question on the FAFSA.

Steve Miyares
Steve Miyares answered on Apr 19, 2018

You would need to check the court order on the original marijuana charge. If your case was disposed of under Virginia’s first offender statute, then the case would have been dismissedbwithoutba conviction. However, if you did not qualify for a first offender disposition then you could have had... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Virginia on
Q: Can I terminate a lease if I already agreed (only verbally) to renew for 1 more year? What the prior notice should be?

This if for a Residential property in Virginia and the question pertains to the time period until (and before) a new lease is signed.

Steve Miyares
Steve Miyares answered on Apr 19, 2018

The first thing you need to do is lool wt the terms of your leasebto see what it says about how you are supposed to give notice of terminating or renewing the lease. After you check that, if still have wuestions then you should consult with an attorney about the spcific facts and circumstances of... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Do we need to get a lawyers for a class 1 misdemeanors
Steve Miyares
Steve Miyares answered on Apr 16, 2018

A Class 1 misdemeanor is a jailable offense punishable by up to 12 months in jail and a fine of up to $2500. Therefore, you would be facing up to 24 months in jail and up to $5000 in fines. I would strongly recommend that you consult with and retain the services of an experienced crimnal defense... Read more »

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: I have two 18 year old that decided not to visit the father, can I be held contempt for this.
Steve Miyares
Steve Miyares answered on Apr 16, 2018

If your children are over age 18 then they are adults and free to decide what contact they want with their father. You are no longer responsible for their decision not to visit their father. You would jot face legal consequences for their decision to not visit their father

1 Answer | Asked in Family Law for Virginia on
Q: 17 year old marriage?

Hello, I am a 17 year old female who is getting married to a 19 year old in October this year. I am doing so on my own free will and am not pregnant. I will be turning 18 on Jan. 22. I know that my parents thought that all I need is just a note from them to be notarized, but I am not sure. I just... Read more »

Steve Miyares
Steve Miyares answered on Apr 16, 2018

You can not get married at all in Virginia unless you are at least 18 years old. In the past it was possible to get married under age 18 woth parental permission. However, in 2016 the law chamged in Virginia and now no one under age 18 can get married unless you are emancipated by court order.... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Would I have to pay the same lawyer that is representing my son on him murder case to do his appeal if I have chosen?
Steve Miyares
Steve Miyares answered on Apr 10, 2018

There are several issues that could impact the answer to your question. Is your son’s attorney court appointed, or was he retained. If he was court appointed and your sone still qualifies for court appointed attorney, then the court will decide which attorney to appoint for any appeals. If... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: My son has a malicious wounding charge against his girlfriend. She wrote stating it is all a misunderstanding

Won't testify cause she doesn't remember details

Steve Miyares
Steve Miyares answered on Apr 9, 2018

What is your question?your son should discuss the issue with his attorney.

The girlfriend has no authority to determine how the case proceeds. The Commonwealth’s Atorney is in control of prosecuting thr case. The girlfriend can talk to the prosecutor about her desire to have this...
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1 Answer | Asked in Juvenile Law for Virginia on
Q: My daughter is 14 and got in to a fight with a girl at school she pulled one of her fake braids out of her head which

Has caused the girl to get two stables in her head so they are giving her a felony which is dropped down to misdemeanor only if she is good in school out of school no more fights til the next court date and also has to participate in programs then they will dropped the felony to me this punishment... Read more »

Steve Miyares
Steve Miyares answered on Apr 9, 2018

What is your question?

1 Answer | Asked in Estate Planning, Elder Law and Probate for Virginia on
Q: My Aunt recently passed, no will. She was single, no children. How would her estate be separated?

My mother is her sister. Their brother is deceased.

Steve Miyares
Steve Miyares answered on Apr 6, 2018

Under section 64.2-200 of the code of Virginia, her estate would pass to her surving parents. If there are sosurving parents, then her estate would be divided among her siblings and their descendants. You shouldconsult with an estate planning attorney for a more detailed analysis of your... Read more »

1 Answer | Asked in Criminal Law and Child Custody for Virginia on
Q: Do police have to read me my Miranda Rights before asking me an incriminating question in a non-custodial interview?
Steve Miyares
Steve Miyares answered on Apr 6, 2018

No. The Miranda warnings are require during custodial interrogation. However ifyou are in a consensual non-custodial conversation with police, there isno rquirement that the police issue the Miranda warnings. The issue is going to be whether or not the police interaction with you was... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Can you get a bond when you have an eluding charge
Steve Miyares
Steve Miyares answered on Apr 4, 2018

The main factors a Court will consider in decided whether or not to grant a bond are 1) is the person a flight risk and 2) is the person a danger to the community or themselves.

It is possible to get a bond if charged with eluding, but itbis going to be much more dofficult. A court is...
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1 Answer | Asked in Divorce and Family Law for Virginia on
Q: If I give consent for my wife to sleep with another man, do I give up grounds for an at-fault divorce?

My wife has fallen in love with a man with whom she works. I am having a hard time accepting this, and I’m interested in finding out what the legal ramifications are for (a) divorce, or (b) if I give consent to her relationship as an appeasement gesture.

I am currently on leave from my... Read more »

Steve Miyares
Steve Miyares answered on Apr 4, 2018

If you have consented to her sleeping with another man, then you would no longer have grounds for a fault based divorce on the grounds of adultery.

You should consult privately with a divorce attorney to fully discuss your options and the legal ramifications of the various courses of...
Read more »

1 Answer | Asked in Divorce for Virginia on
Q: Hi, for a divorce in Virginia. Can the spouse claim funds in an account that is only under the other spouse’s name? Tx!
Steve Miyares
Steve Miyares answered on Apr 4, 2018

It depends on the source of the funds. Just because an account is only in the name of one spouse, if the funds were aqcuired during the marriage it could still be considered marital property. However, if the funds were aquired prior to the marriage or in some other specific curcumstances, and... Read more »

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