Questions Answered by Ali John Amirshahi

Q: If a bag of illegal contents is found away from a man in a public place, how can one person be charged with possession

2 Answers | Asked in Criminal Law for Virginia on
Answered on May 19, 2017
Ali John Amirshahi's answer
Is this a follow up to the last question?

The answer is- they can be charged, but it's harder to prove.

For example if the person charged's ID is in the bag of "Illegal contents" the police may try to charge the person.

I think they would need something more than that- perhaps they have evidence that the person was seen with the bag, or just left the area and no one else

Is around. Hire an experienced attorney. There are too many variables here.

Q: How can one be charged with possesion,Without actually being in possesion of somthing.

1 Answer | Asked in Criminal Law for Virginia on
Answered on May 19, 2017
Ali John Amirshahi's answer
Good question.

Possession can sometimes be proven when the government can prove dominion and control combined with exclusive access even though it's not immediately available.

Example- a large amount of drugs in the trunk of car, defendant has keys to car, no one else has access and defendant admits drugs are his. That would be enough for possession even though the defendant might be in the car at that moment.

Q: can I reopen case after 15 years, if it's now a problem and I was not advised of my rights as immigrant LPR

2 Answers | Asked in Criminal Law, Immigration Law and Appeals / Appellate Law for Virginia on
Answered on May 13, 2017
Ali John Amirshahi's answer
It's highly unlikely.

In Virginia I have done so a couple of times by using a process known as " qurom novis" but that's really to correct clerical errors. But it worked for me. Good luck.

Q: Best way to handle an FTA warrant for a simple trespass infraction that i forgot to pay back in 2012 ?

3 Answers | Asked in Criminal Law and Collections for Virginia on
Answered on May 11, 2017
Ali John Amirshahi's answer
I would hire a lawyer in CT and make arrangements to turn yourself in early one morning so you can go in front of the judge and address the merits of the FTA. Of course you may be found guilty depending on the facts.

The lawyer can advise you on what your chances are. And probably handle the trespass at the same time. The sooner you do this the better.

Q: My child's father was being charged with poss. of scheduled substance with a gun and was made Nolle Prosequi

2 Answers | Asked in Criminal Law and Federal Crimes for Virginia on
Answered on May 10, 2017
Ali John Amirshahi's answer
It could be a number of reasons.

Perhaps the evidence was insufficient.

Or they reached an agreement where he would plead to another charge and have this charge nolle prossed.

Q: I had a shoplifting court case. First day i went to court it got dismissed. now I'm receiving mail saying i need to pay

2 Answers | Asked in Criminal Law for Virginia on
Answered on May 4, 2017
Ali John Amirshahi's answer
Need more info.

Was your case tried or just dismissed without a trial?

Who wrote you the letter?

I certainly wouldn't pay them anything without consulting an attorney. They could use your payment as an indication of guilt.

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.