Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Bryan J. Jones
1 Answer | Asked in Criminal Law for Virginia on
Q: My husband was charged with a misdemeanor for assault and battery while incarcerated. I need resources or legal advice

He is finishing out his sentence for other non related cases at Henrico New Kent Regional Jail in Barhamsville,VA. He also filed a grievance on a correctional officer who touch him inappropriate on his leg to awaken him. The officer violated protocol to awaken inmates. He is awaiting results on the... Read more »

Bryan J. Jones
Bryan J. Jones answered on Sep 12, 2018

If he's charged with a crime, a lawyer will be appointed to represent him. If he's just charged with an internal jail offense, he will almost certainly not be able to have an attorney assist with that process.

1 Answer | Asked in Criminal Law for Virginia on
Q: Who would be a good pro bono lawyer for a murder case that happen in 2008?

He was defending himself and he was charge with murder

Bryan J. Jones
Bryan J. Jones answered on Sep 11, 2018

You should contact the various innocence projects/clinics to see if they can help you.

1 Answer | Asked in Criminal Law for Virginia on
Q: Im currently fighting 2 felonies 5 misdemeanors. Felonies certified at preliminary, the misdemeanors nolle prosequed

2 days after preliminary 3 of the misdemeanors were direct indicted. Does this mean that the whole trial process has to start over from scratch?

Bryan J. Jones
Bryan J. Jones answered on Sep 1, 2018

The preliminary hearing is part of the process, but it's not the final trial. The trial is much more involved than the preliminary hearing.

1 Answer | Asked in Criminal Law for Virginia on
Q: Arrested for a Protective order violation and on the arrest warrant there are no particulars.

On the arrest warrant there is no information on what I did to violate the p.o. and no exact date or time I supposedly violated it? All it say's on the warrant is on or about 08/06/2018 and nothing else. On 08/06 I was in Tysons Corner from 6am to 5pm with my sister and didn't get home until after... Read more »

Bryan J. Jones
Bryan J. Jones answered on Aug 22, 2018

You will be given the chance to hire an attorney or have an attorney appointed to represent you. At that point, your attorney will be able to get more information about the case. Protective orders can be violated even if you don't have physical contact with someone. If you call, text, or email... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Virginia on
Q: Criminal case file

Can I request a copy of my case file? If so, are there any rules that govern this request?

Bryan J. Jones
Bryan J. Jones answered on Aug 9, 2018

Probably not. You're attorney may be able to review the file, but prosecutors in Virginia are not required to turn over your case file.

1 Answer | Asked in Criminal Law for Virginia on
Q: If two people are fighting and both are threatening each other but one continues can either be charged

My boyfriend and ex-boyfriend got into a text fight. They both threatened each other and told each other that they want to beat each other up but later my ex-boyfriend is the only one who continued. Can my ex-boyfriend be charged with harresment or criminal threats.

Bryan J. Jones
Bryan J. Jones answered on Jul 12, 2018

If they both made threats, they could both be charged. It's not a guarantee that they will be charged because it depends on the content of the texts.

1 Answer | Asked in Criminal Law for Virginia on
Q: My husbands ex wife has recently accused me of “stalking her neighborhood”, I haven’t, what should I do, if anything?

We live nearly two hours away, and has threatened to call her lawyer if the “behavior doesn’t stop”. She’s probably going to see “my vehicle” (I don’t own nor have I ever owned the vehicle she saw) again and call her attorney, despite my husband telling her it’s impossible that... Read more »

Bryan J. Jones
Bryan J. Jones answered on Jul 10, 2018

If you feel threatened by her, you may be able to get a protective order against her. The requirement to get a protected order is that she has placed you in imminent fear. That may be difficult if the only thing she is threatening is criminal charges. You should also avoid any contact with her.

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
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
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
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
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
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
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
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
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.

View More Answers

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
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.

View More Answers

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
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
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.

View More Answers

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
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
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.

View More Answers

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.