About a year ago, he transferred 50,000 dollars (half of his savings) to my private bank account. He did so to prove to me that he was serious about the marriage. Can he take it away from me after we file for divorce?
answered on Apr 4, 2018
You should consult with a divoce attorney to discuss all the specific facts and circumstances of your particular situation. However, based on the information in your question, when your husband transferred that money to your account, the transferred amount was no longer his separate property, but... View More 
We met on a dating app and moved to texting from there. I had no idea he was a minor and now his parents want me to pay them or they’ll try to get the police to arrest me
answered on Mar 28, 2018
Do not discuss this matter anymore on this or any other public forum. Anything you say on a public forum like this could potentially be discovered by law enforcement and used against you. You should consult privately with an experienced defense attorney to discuss the specific facts and... View More
I have the possibility of being convicted of a DUI 3 in Caroline County, VA with 90 days in jail. Does anyone know if it is possible to serve the jail time on the weekends in Caroline County?
answered on Mar 22, 2018
By statute, Virginia law allows misdemeanor jail sentences to be served on weekends or nonconsecutive days. However, there is no provision allowing felony time to be served on weekends. Felony time must be served consecutively and there is no statute authorizing weekends for a felony sentence.... View More
Is it possible to be indicted (direct indictment) for a felony DUI before the preliminary hearing takes place. If so, how would you know if you have been indicted.
answered on Mar 22, 2018
It is possible to be indicted without a preliminary hearing. If you have been indicted, then a warrant would have been issued. You should be able to check with the Circuit Court Clerk or the sheriff’s department in the jurisdiction where you would have been indicted to find out if you were... View More
I have a warrent in florida for VOP under misdemeanor mail in probation due to non payment with no job. I reside in Virginia with my wife and kids and do not want them to extradite me to florida over a petty misdemeanor. Can I deal with the courts and probation here or do I have to return there in... View More
answered on Mar 21, 2018
You can not resolve the issue here n Virginia. However, I highly recommend you take steps to return to Florida and resolve the issue. While Florida might not choose to spend the money and resources to extradite you, the warrant still exists and makes you subject to arrest at any time in any... View More
answered on Mar 20, 2018
Yes. If the checkpoint was improperly setup, then there might be defenses that your attorney can raise at trial. However, those are issues decided in court, not at the scene of the checkpoint.
Did my lawyer do his job? I feel like he did it to get more $$$
answered on Mar 20, 2018
Your attorney is in the best position to explain what happened in your case. Depnding on the facts of your case,therecould be any number of reasons why your attorney might have pursued a particular defense strategy. The attorney who represented you should be able to explain to you his reasons for... View More
He keeps threatening that I won’t be able to move back with my mom once I have her and that I won’t be able to gain custody of her. I’m scared he may be right if he gets a really good lawyer since he has money and I have none. Can he do this?
answered on Mar 20, 2018
In a dispute over physical custody of a child, the Court would make decisions based on the best interest of the child,considering a number of factors in reaching a decision. The Court would also make decisions regarding visitation and child support payments of the non-custodial parent. Irecommend... View More
20 year old son visiting 27 yr old son in Navy got a speeding ticket in Virginia Beach for 75 in 55. He, 20 year old with ticket, has Missouri license. Should he pay the fine or get a lawyer. Besides insurance increase and fine could he get anything else?
answered on Mar 20, 2018
Speed of 20 miles per houror more above the posted speed limit is Reckless Driving under Virginia law. It is a Class 1 misdemeanor punishable by up to 12 months in jail and fine of up to $2500. I would recommend that your son retain a local experienced criminal/traffic defense attorney. Many... View More
What section is for attorney who commits perjury in court and/or in court briefs in VA?
What section is for attorney who omits or suppresses evidence in court in VA?
What section is for CPS investigator who omits or suppresses evidence in court in VA?
What section is for CPS... View More
answered on Mar 20, 2018
You should consult privately with an attorney to discuss the specific facts that you believe consitute lying or corruption bethe individuals you seek to accuse.
answered on Mar 19, 2018
Anyone (including spouses) can be issued a subpoena by the Commonwealth as a witness in a case being prosecuted. While a subpoena can be issued, there may be situations where that person could still not testify as to certain matters, for example if a spousal communication privilege applies or if... View More
I was recently pulled over and charged with reckless driving by speed [calss 1 misdemeanor] in Fairfax, Virginia. I checked in the Virginia court website about my case details. All I can see is "Offense Date", which shows the date I was pulled over. The Arrest Date is empty. My question... View More
answered on Mar 19, 2018
Your specific question is best answered by an immigration attorney.
We have a child under the age of 18. I lived in my own apartment with the lease in my name only for over a year. I file for visitation back in April of 2017. I haved been over paying in child support since January of 2017. Which I sign off on stating I give her money for child support so she can... View More
answered on Mar 15, 2018
if you had sex that would constitute a break in the sepration and you would have to begin the separation period all over again.
answered on Mar 15, 2018
If you voluntarily took the Ambien, even if it was prescribed by a doctor, you can still be found guilty of driving under the influence. You should consult with an experienced cruminal/traffic defense attorney in your local jurisdiction to discuss possible defenses in your specific case.
I am 17 and a half, and my friend and I were sort of joking around about robbing Sheetz with a bb gun. I went on a run and got the bb gun from him and was planning on returning it to him when I was finished with my run. I went to Sheetz to use the bathroom and see if it was actually possible to rob... View More
answered on Mar 15, 2018
Do not say anything else about your case on here or any other public forum. Anything you say on here could be used against you.
You should immediately speak to an attorney in private. If you can’t hire an attorney, then ask the jusge to appoint a court appointed attorney to represent... View More
answered on Mar 15, 2018
You can still beconvicted of DUI. However, to convict you of the enhanced charge of a second or subsequent offense, the prosecution must prove the prior offenses.
So my wife and I have decided to get a divorce after just 2 and a half years of marriage. We have been separated for about 6 months, and living in two separate places. We have to young daughters (under 3) and without going to court have agreed to 50/50. I get them 3 days one week, 4 days the next.... View More
answered on Mar 13, 2018
This question should be asked in the family law section, not criminal law.
Also, you should consult an attorney to get answers regarding the specific facts and circumstances of your particular case.
As a general rule, marital property in Virginia is subject to equitable... View More
answered on Mar 13, 2018
If you used a bail bondsman for the posting of a surety as part of his bond, then you can also contact the bondsman directly and have the bondsman come off the surety and an arrest warrant would be issued.
I was driving through Sussex County, Virginia when I was pulled over for going 81mph in a 70mph zone. The officer charged me with reckless driving by speed (46.2-862). I'm 22 years old and have been driving since I was 15; I have a clean record (and I have +5 points on my driving record); and... View More
answered on Mar 13, 2018
You should retain an experienced traffic/criminal defense attorney in your local jurisdiction. It sounds like you have a case in which it is likely you could recieve a good outcome without facing a Class 1 misdemeanor Reckless Driving conviction. However, I strongly suggest you retain an attorney... View More
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