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Questions Answered by G. Rex Flynn Jr.

1 Answer | Asked in Criminal Law for Virginia on

Q: plea deal changed my simple possession to possession of paraphernalia but on courtbar it still says sim. pos. why?

I was charged with a simple possession of marijuana less than 10g and as part of my plea deal it was supposed to be reduced to possession of paraphernalia. however when I search my name online through it is still listed as the simple possession charge and marked guilty. Why is this and... Read more »

G. Rex Flynn Jr. answered on Jun 17, 2018

You should contact your previous attorney, or go to the clerk's office for the most specific answer to your question. appears to link to the Virginia Supreme Court's website, which I am very familiar with. When you pull up your case, under "charge information" it will have... Read more »

1 Answer | Asked in Criminal Law and Animal / Dog Law for Virginia on

Q: What do I do if I’ve been charged for lying to a police officer when I didn’t really lie to them?

My grandmothers dog was taken by her x and was later found in a complete different location by animal control after we went and got him from animal control had pictures and vet info they called me and told me that they had found the actual owner because that person had recent pictures and charged... Read more »

G. Rex Flynn Jr. answered on Jun 17, 2018

If you have been charged with a crime, the burden of persuasion before the court if on the Government. In other words, the government has to convince the judge / jury that there is no reasonable doubt that you lied to them. That is an extremely high burden to meet. Obviously, preparation of a... Read more »

1 Answer | Asked in Criminal Law for Virginia on

Q: Sentencing guidelines for 3rd larceney charge in va

G. Rex Flynn Jr. answered on Jun 17, 2018

This is not something that can be answered without meeting with an attorney, one on one. The sentencing guidelines take into account some extremely specific information about the person to be sentenced, including the number of current charges, the number and nature of the previous charges and a lot... Read more »

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

Q: i was pulled over and found to have schedule IV substance and now i have a court date. i know that it is usually a

class 2 misdemeanor but i am a minor and this is my first offence so what are thew chances o me being jailed or fined and if so how long and/or how long

G. Rex Flynn Jr. answered on May 10, 2018

You should contact an attorney as soon as possible. An attorney would be able to assist you by getting all of the facts of your specific case and determining what bases there are to challenging the stop and search as well as any other possible defenses. After reviewing all of that information as... Read more »

1 Answer | Asked in Criminal Law for Virginia on

Q: what can we do when friend was moved from jail and they dropped the court date

my friend got 25 years in jail for something. first offense had a court appointed lawyer that did nothing. i hired a lawyer that filed a motion to reconsider time. for six months we waited for the court date and then a few weeks before his court date my friend was moved. now the lawyer said that... Read more »

G. Rex Flynn Jr. answered on May 9, 2018

If I understand your question correctly, your friend was sentenced, and was still being held locally at the local jail awaiting his transfer to the prison with Virginia's department of corrections. Unfortunately, I do not believe that there is anything that can be done. Virginia Code section... Read more »

3 Answers | Asked in DUI / DWI for Virginia on

Q: Felony DUI Court Case

After my Grand Jury day I said that my next court date would be a plea. I have changed my mind and will be going forward with a judge trial. My question, is will my original court date for plea change because of going with judge trial.

G. Rex Flynn Jr. answered on May 9, 2018

I think the answer to this would change from courthouse to courthouse and judge to judge. Nevertheless, I believe that for practical reasons (i.e. - the prosecutor likely may not have their witnesses present and prepared) the original date set for plea will not be the trial date.

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1 Answer | Asked in Criminal Law for Virginia on

Q: Stole a wallet with nothing in it no hard evidence should I get a lawyer

G. Rex Flynn Jr. answered on May 3, 2018

If you're charged with the theft, then I think it's absolutely a good idea to consider retaining counsel. Without knowing more, it's hard to assess the gravity of the situation. For example, who is asserting that you stole the wallet? What is their basis for that conclusion? Was it stolen by... Read more »

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