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Questions Answered by Bryan J. Jones

1 Answer | Asked in Criminal Law for Virginia on

Q: Over 6 months ago my BF took and refused to return my car

He left for work on Friday night in January and refused to return with my car, Sunday afternoon I called to report the car stolen as he was refusing to return the car, when the police arrived the car was there and they didn't ask me for any further info except my liscense. Now 6 months later he is... Read more »

Bryan J. Jones answered on Jul 7, 2018

Yes it is possible. Grand theft auto is a felony and there is no statute of limitations on felonies in Virginia.

1 Answer | Asked in Criminal Law for Virginia on

Q: I need to know if I need to get a lawyer or what steps should i take

I got a ticket for a hit and run. But I didnt think I backed into anybody. But apparently 4 people witnessed it. But there was no damage to my car. The parking lot is the tiniest lot I've seen people are inches away from people. I dont know about the other persons vehicle. But I just need to know... Read more »

Bryan J. Jones answered on Jun 30, 2018

If you're charged with hit and run you should definitely hire an attorney. You should also not speak to any law enforcement officials without first speaking with an attorney.

1 Answer | Asked in Criminal Law for Virginia on

Q: A person took money from by deception and admitted it in a text that dates back a year. What are my options.

Bryan J. Jones answered on Jun 30, 2018

You should contact the police.

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Juvenile Law for Virginia on

Q: When a 14 year old gets arrested in the state of Virginia does the parent have to be present for the questioning?

Or Does the child have to ask for their parent or lawyer

Bryan J. Jones answered on Jun 6, 2018

The parent does not have to be present for questioning.

1 Answer | Asked in Criminal Law for Virginia on

Q: In the state of Virginia can they prosecute somebody off of a informant and that is it?

I have a friend that does not have a record actually he's had license guns and a speeding ticket a confidential informant which was on his Discovery paper as just see I and a number said a b c and d no proof just off of him is that enough to prosecute? Also in Virginia with a criminal case like... Read more »

Bryan J. Jones answered on May 30, 2018

The testimony of a confidential informant is enough to take the case to trial. If he takes a plea deal, he won't know the name of the confidential informant. He'll only be able to find out if he takes the case to trial.

1 Answer | Asked in Criminal Law for Virginia on

Q: Pulled over with unopened case of beer in VA. Cop stated underage poss of alc and had right to search car. is this true

Bryan J. Jones answered on May 29, 2018

Yes. The cop could search the vehicle for any other similar evidence of underage possession of alcohol or DUI.

1 Answer | Asked in Criminal Law for Virginia on

Q: I was given a bad check that was only signed over to me on the back I called the bank as soon as I found out they

The bank said I was not legally liable for any criminal charges is this true

Bryan J. Jones answered on Mar 27, 2018

To be charged with passing a bad check, you have to have known that the check was bad. If you didn't know and didn't have any reason to know, then you will probably be fine.

3 Answers | Asked in Criminal Law for Virginia on

Q: If I have a warrent in another state for misdemeanor possession of marijuana under 20 grams can I deal with it here?

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... Read more »

Bryan J. Jones answered on Mar 21, 2018

You cannot deal with it here. However, it is very unlikely that Florida would extradite you for a misdemeanor possession of marijuana case.

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2 Answers | Asked in Criminal Law for Virginia on

Q: can a witness plead the fifth after giving a statement to the cops

my husband is charged with a robbery,carjacking and two guns charges in the state of va. the witness doesnt want to go throw with it but the commonwealth is telling her that she has to. and the cops didnt find any gun or money but they did pick him up and he was in the car

Bryan J. Jones answered on Mar 6, 2018

Yes. If talking could put her at risk of any kind of criminal charge, she can plead the fifth.

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1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on

Q: Me and the father of my kids got into a fight. I called the police and but now i wanna drop chargers. What should i do?

There is a no drop policy what should i do?

Bryan J. Jones answered on Feb 28, 2018

You should contact the prosecutor's office. They will probably have someone working as a victim/witness coordinator. You should tell them about the case and how you'd like to see the case resolved. They are not obligated to drop the charges just because you want the charges dropped, but they will... Read more »

2 Answers | Asked in Child Custody, Criminal Law and Domestic Violence for Virginia on

Q: What is the statute of limitations for a non-cohabitant boyfriend assault & battery case? Could this affect our child?

About 6 months ago, My childs father allegedly threw his girlfriend (not me) across a room and choked her. She did not call the cops or file a report. He does not have a record nor has he ever shown signs of abusive behavior. And though they are no longer together they are currently sexually... Read more »

Bryan J. Jones answered on Feb 22, 2018

The police would have to bring charges within one year of the incident. The type of proof necessary could be the girlfriend's statements or other witness statements or pictures of injuries.

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1 Answer | Asked in Criminal Law and Juvenile Law for Virginia on

Q: If someone has been charged with 15 felonies and 17 misdemeanors what's the likely punishment and can they get bond?

This person is a first time offender. Never had any charges at all, and was VERY cooperative with the police. He even turned himself in.

Bryan J. Jones answered on Feb 15, 2018

Getting bond would be difficult, but it really depends on what the charges are.

2 Answers | Asked in Criminal Law, Civil Rights, Collections and Legal Malpractice for Virginia on

Q: can a public defender charge any type of fee to the defendant

I did not request any council; Essex County, VA chose to assign me a public defender and said I had to have one. I complied being foreign to the county and just wanting to get through the arraignment without any issues. I finished up with no issues or charges to remain on my record after completing... Read more »

Bryan J. Jones answered on Feb 2, 2018

You can be charged fees for being represented by court appointed counsel. You should contact the clerk's office to find out how much they are charging you.

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1 Answer | Asked in Legal Malpractice and Criminal Law for Virginia on

Q: Is it legal to video record someone without their consent in Virginia?

Bryan J. Jones answered on Jan 29, 2018

It depends on many different circumstances. But generally you can record people in public as long as you are not harassing, stalking, or invading their privacy.

1 Answer | Asked in Criminal Law for Virginia on

Q: I recently received a copy of my NICS. I have an arrest from 1997 that was nolled. How do I get if notated on my NICS?

The court clerk says they don't have the records available anymore, because of the age of the arrest. How to get this notated on my NICS?

Bryan J. Jones answered on Jan 24, 2018

If the charge was nolle prossed, you may be able to get it expunged. Then it won't show up on your history anymore. You should contact an attorney about expungements.

1 Answer | Asked in Criminal Law for Virginia on

Q: my daughter became pregnant at 17 and he was 22,can I file charges.

Bryan J. Jones answered on Jan 13, 2018

He could be guilty of contributing to the delinquency of a minor, which is a Class 1 misdemeanor. Anyone can go to the police to report a crime.

1 Answer | Asked in Criminal Law for Virginia on

Q: Can a grandmother of a 19 year old in Virginia find out who pressed charges in a rape charge that hasn't gone to court?

Bryan J. Jones answered on Jan 9, 2018

Probably not. The police will not release that kind of information.

1 Answer | Asked in Criminal Law for Virginia on

Q: HI I placed criminal charges on my ex boyfriend and need advice for the sentencing date.

I need advice on what I need to do to prepare for the sentencing date and how I can prove him guilty with the evidence I have on him.

Bryan J. Jones answered on Dec 29, 2017

The most important thing for you is to tell the truth. You should be in contact with the prosecuting attorney and the victim witness coordinator at the prosecutor's office. It's not your job to make sure that he's convicted.

1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Social Security for Virginia on

Q: My mother opened a credit card in my name using my social security number. What can she do? Without pressing charges

I would prefer not to press charges. She is being uncooperative. What can I do.

Bryan J. Jones answered on Dec 18, 2017

If you don't want to press charges, you can contact the credit card company and ask them to cancel the card and any transactions your mother ran on the card. You may be able to file a civil lawsuit against her, but you'd almost certainly have to pay an attorney a significant retainer and you're not... Read more »

1 Answer | Asked in Civil Rights, Juvenile Law and Criminal Law for Virginia on

Q: I am a 20 year old Lesbian dating a 17 year old

we have consensually been together for 7 months and her parents found out. Her mother has threaten to call the police and file charges. If the relationship is consensual would those charges be filed and approved just for being bias? What is the most that could happen in this situation?

Bryan J. Jones answered on Dec 9, 2017

You could be charged with contributing to the delinquency of a minor. That's a class 1 misdemeanor. That's probably the most that would happen in this case, based on what you've said in the question.

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