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Questions Answered by Bryan J. Jones
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
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
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
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
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
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
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... 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
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.

1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: I got a reckless driving charge 3 years ago and was dismissed should it still show up on my record?

Its causing me to have higher insurance because of it..

Bryan J. Jones
Bryan J. Jones answered on Dec 2, 2017

If the charge was dismissed, it should not appear on your record. The best thing to do would be to have the charge completely expunged from your record so that your record doesn't even show that you were charged with reckless driving.

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on
Q: Does the accused still go to jail?

If someone innocent was accused of rape, took a guilty plea, then the accuser recants. Does the accused still go to jail?

Bryan J. Jones
Bryan J. Jones answered on Nov 28, 2017

It depends. You'll need to speak with a post-conviction attorney about what your options are. Depending on how far along the process you are, you may be able to get the Commonwealth to drop the charges or you could withdraw your guilty plea. It all depends on whether you've already been... Read more »

2 Answers | Asked in Criminal Law for Virginia on
Q: I was falsely accused of assault and battery will I go to jail
Bryan J. Jones
Bryan J. Jones answered on Nov 28, 2017

If you're convicted you could go to jail. You could also be held without bond pending the trial in some circumstances. You need to get in touch with a good attorney as soon as possible so that you can find evidence to use in defending yourself. It's not a good strategy to simply come to... Read more »

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Virginia on
Q: I'm trying to find out about my husbands case that started about three years ago with no knowledge of release date

He's in central regional jail now after breaking his parole

Bryan J. Jones
Bryan J. Jones answered on Nov 24, 2017

Are you trying to find your husband's release date? You can contact the VADOC Court and Legal department or you can have your husband get his legal update sheet. That will have a release date.

1 Answer | Asked in Criminal Law for Virginia on
Q: Does a lawyer have the right to refuse to let me know whats going on in my childs case?

Child has been arrested for malicious wounding with firearm in robbery, but lawyer won't tell me whats going on in my sons case

Bryan J. Jones
Bryan J. Jones answered on Nov 20, 2017

Communication between a lawyer and the lawyer's client and other matters related to a case are confidential. That means the lawyer does not have to reveal to you what's going on in your son's case, unless your son gives him permission.

1 Answer | Asked in Criminal Law for Virginia on
Q: my sister charge with obtain money under false pretense under $200 and failure to appear and then contempt court

how can you be released on your recharnenixe when first charge them not appear for court and get released on your own recognized it in Henry County va

Bryan J. Jones
Bryan J. Jones answered on Nov 16, 2017

Every time you don't appear in court when you've been recognized to appear in court you can be charged with a new failure to appear or contempt charge.

1 Answer | Asked in Criminal Law for Virginia on
Q: Can you get locked up at the prelimnary hearing while out on bond
Bryan J. Jones
Bryan J. Jones answered on Nov 15, 2017

Yes. It most jurisdictions it's rare. But if you've violated the conditions of your bond, the prosecutor and ask the judge to revoke your bond and lock you up.

1 Answer | Asked in Criminal Law for Virginia on
Q: Can someone be charged with possession of a firearm by a convicted felon if their civil rights have been restored?

Significant other found a suicide victim, panicked and removed the firearm from the scene. He wasn't thinking about the fact that he was a felon and actually later led police to the firearm. Has now been charged with non-violent felony possession of a firearm by a convicted felon and... Read more »

Bryan J. Jones
Bryan J. Jones answered on Nov 15, 2017

Yes. Getting your civil rights restored generally just means voting rights. To get your firearm rights back, you have to file a special petition with the circuit court.

1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: Is fear of life a defense against reckless speeding

I was cited for general reckless driving, speeding in excess of 30. It's in appeals after an unsatisfactory performance by a my defence. I was running from a domestic abuser, I was going to the domestic courthouse to seek protection. At the very least I'm aiming to have restricted use of my vehicle.

Bryan J. Jones
Bryan J. Jones answered on Nov 10, 2017

If it was necessary to save your life or to save yourself from serious danger, it could be a defense. But that would be very difficult to prove. The prosecutor will say that you should have called 911 instead of risking the lives of other drivers. It might be best used as mitigation. You could... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: gotcharged as minor for driving without license and past curfew.But will be 18 by court date,will I be charged as adult
Bryan J. Jones
Bryan J. Jones answered on Nov 10, 2017

No. You'll still be treated as a minor because you were under 18 at the time of the offense.

1 Answer | Asked in Criminal Law for Virginia on
Q: When is a district VA judge able to be removed from a case? Judge asked for restitution for a crime never charged with?

I'm just a witness for my friend being charged with B&E W malicious intent and communicating threats.. found NG on threat charges and guilty on the B&E W intent... The judge then asked about the keying of the plaintiffs vehicle (who's not represented) which my friend who... Read more »

Bryan J. Jones
Bryan J. Jones answered on Nov 10, 2017

It would be very difficult to get a new judge, maybe impossible. Your attorney is correct to say that you can just appeal it and get a different judge in circuit court.

1 Answer | Asked in Criminal Law and Family Law for Virginia on
Q: My 17 year old daughter put a protective order against me, I don't know what was said but there is a guardian ad litem

I don't know what was said for her to put a protective order against me other than the fact that she doesn't want to be away from her boyfriend and I told her if she stayed there one more night that I was going to bring her home so she ran to the magistrate and put a protective order... Read more »

Bryan J. Jones
Bryan J. Jones answered on Oct 27, 2017

You should consult with an attorney. Having a protective order against you is serious and effects your constitutional rights.

1 Answer | Asked in Juvenile Law and Criminal Law for Virginia on
Q: If I am 17 and I want to get pregnant (18 before having the child) and he's 23, could my legal guardian press charges?
Bryan J. Jones
Bryan J. Jones answered on Oct 27, 2017

In Virginia, it's illegal for someone who's 18 to have sex with someone under 18. If the police found out, the 23 year old could be charged with a crime.

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