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Questions Answered by Ali John Amirshahi
2 Answers | Asked in Criminal Law for Virginia on
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
Ali John Amirshahi
Ali John Amirshahi answered on May 19, 2017

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-...
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1 Answer | Asked in Criminal Law for Virginia on
Q: How can one be charged with possesion,Without actually being in possesion of somthing.
Ali John Amirshahi
Ali John Amirshahi answered on May 19, 2017

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...
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2 Answers | Asked in Criminal Law, Immigration Law and Appeals / Appellate Law for Virginia on
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

Even if post conviction relief. Is the lawyer Lying when he say I can.

Ali John Amirshahi
Ali John Amirshahi answered on May 13, 2017

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.

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3 Answers | Asked in Criminal Law and Collections for Virginia on
Q: Best way to handle an FTA warrant for a simple trespass infraction that i forgot to pay back in 2012 ?

I have a warrant for FTA in CT that stems from a simple trespass ticket I didn't pay back in 2012 . I currently have a felony conviction that I can apply for expungement for in November . But if i am convicted of this FTA , then i will have to wait another 3 years to apply for a full expungement .... Read more »

Ali John Amirshahi
Ali John Amirshahi answered on May 11, 2017

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...
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2 Answers | Asked in Criminal Law and Federal Crimes for Virginia on
Q: My child's father was being charged with poss. of scheduled substance with a gun and was made Nolle Prosequi

Why would he get this charge dismissed?

Ali John Amirshahi
Ali John Amirshahi answered on May 10, 2017

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.

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2 Answers | Asked in Criminal Law for Virginia on
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

i need to pay them restitution. Why would i need to pay restitution back to the establishment if i was found not guilty/court case was dismissed?

Ali John Amirshahi
Ali John Amirshahi answered on May 4, 2017

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.

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