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Questions Answered by Brian M. Latuga
2 Answers | Asked in Criminal Law for Virginia on
Q: Under current law, if a loved one is convicted of second degree murder, do they qualify for earned time credits?

With many changes and court hearings pertaining to the credits currently, we’re confused as to what if any credits he may qualify for.

Brian M. Latuga
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Brian M. Latuga
answered on Nov 28, 2023

They should qualify for the 85%/86% credit unless it’s a very old offense where parole applies.

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1 Answer | Asked in Criminal Law for Virginia on
Q: Can someone use a voice recording as evidence in Va without the other person knowing they are being recorded
Brian M. Latuga
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Brian M. Latuga
answered on Jun 26, 2023

I’m criminal cases, generally yes. In other types of cases- divorce- generally, no.

2 Answers | Asked in Criminal Law for Virginia on
Q: I have a protective order against me. I need to know my legal rights as we live in the same house

It is a no contact order.

Brian M. Latuga
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Brian M. Latuga
answered on Jun 23, 2023

If there are no exceptions, then you likely must leave the house and have no contact. Your lawyer should be able to read the order and explain it to you. You may be able to have it modified pre-hearing if the petitioner is willing.

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Virginia on
Q: If I am to challenge the lawfulness of an arrest in Virginia, is this done during the jury trial or before trial?

My PD claimed we are not to raise motion to suppress/strike/dismiss to challenge an unlawful arrest before trial, but let the jury decide during trial. I quoted §19.2-266.2. Defense objections to be raised before trial; hearing; bill of particulars, yet he still rejected and denied. If I am to... View More

Brian M. Latuga
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Brian M. Latuga
answered on Mar 20, 2023

If it is a challenge to reasonable suspicion, probable cause, or other constitutional challenge then that is a pretrial motion under the statute you cited.

1 Answer | Asked in Criminal Law for Virginia on
Q: Can you be charged in Virginia for drug possession for giving someone mushrooms while in DC, before driving back to VA?

I acquired & handed off to my younger cousin (under 21) while physically in DC, but we drove back to VA in the same car. He admitted to his mom he took them & she brought him to the police station. No physical evidence, just text messages, but I was charged with possession to accomodate and... View More

Brian M. Latuga
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Brian M. Latuga
answered on Mar 9, 2023

The question you're asking would require a bit of legal research, knowledge of the exact text messages and circumstances, and is going to be best addressed by your lawyer representing you in court. Bring this issue up with your lawyer so they can properly represent you - and if you don't... View More

1 Answer | Asked in Car Accidents, Criminal Law and Traffic Tickets for Virginia on
Q: If I caught charges while on probation but my probation term ends before I’m found guilty of anything can I get violated
Brian M. Latuga
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Brian M. Latuga
answered on Oct 12, 2022

Yes, probation violations may be brought after the period ends so long as the offense date was during the probation/ good behavior period. There are some exclusions due to time of filing, but typically the charge may be brought for up to one year after the end of probation.

1 Answer | Asked in Criminal Law for Virginia on
Q: Can law enforcement stop and board a 21ft boat to conduct a safety and license check, no additional probable cause.

Traveling across river in boat,not fishing, law enforcement stopped me for no reason, detained us, checked license and safety Equipment. Never consented to the stop, but I cooperated. Is it lawful or do they need consent.

Brian M. Latuga
PREMIUM
Brian M. Latuga
answered on Oct 1, 2022

Unless those officers are particularly limited by a local law, yes, it is generally lawful.

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on
Q: I have court for a situation that occured where I had a firearm on federal property. Need to ask more questions

I was planning on commiting suicide when a friend called the police on me and a firearm was found in my car which was on federal property. I was just given a court appearance citation which is in 2 days. I don't know how much trouble I could be in and I need help.

Brian M. Latuga
PREMIUM
Brian M. Latuga
answered on May 15, 2022

Go to your court appearance and either ask for a public defender or more time to hire an attorney. He will need an attorney report for this type of charge. Generally, it is a misdemeanor.

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on
Q: Can I own a gun if I had a class 1 misdemeanor 11 years ago? It was for third offense driving with a suspended license,
Brian M. Latuga
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Brian M. Latuga
answered on May 7, 2022

There is no bar with a conviction of driving suspended to ownership of a firearm as allowed under other applicable laws of Virginia and the US.

2 Answers | Asked in Criminal Law for Virginia on
Q: If a person waives their right to counsel at their arraignment and later decide they do want counsel how do they do so?
Brian M. Latuga
PREMIUM
Brian M. Latuga
answered on Mar 20, 2022

Hire counsel. The attorney will take care of it.

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1 Answer | Asked in Criminal Law for Virginia on
Q: was there a new reform on probation violations in virginia?
Brian M. Latuga
PREMIUM
Brian M. Latuga
answered on Aug 24, 2021

Yes.

2 Answers | Asked in Criminal Law for Virginia on
Q: Can law enforcement enter a locked attic door or a room in my house that has locks if its roomates?
Brian M. Latuga
PREMIUM
Brian M. Latuga
answered on Feb 2, 2021

A lot more facts are needed to give an answer to that question. Which then leads to a potentially complicated analysis. If you’ve been charged with something from such search then you should consult with a local lawyer for representation.

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1 Answer | Asked in Criminal Law for Virginia on
Q: My 10 year old son was charged with 24 counts of destructive property misdemeanor distraction of property felony.

I will pay for any vandalism charges I just feel like a 10-year-old should not get a felony. He has never been in trouble in school or the law before. What can I do?

Brian M. Latuga
PREMIUM
Brian M. Latuga
answered on Dec 14, 2020

Your son needs legal counsel. There will be significant questions about capacity and ability to understand the proceedings.

1 Answer | Asked in Criminal Law for Virginia on
Q: Got a false information on background consent form. I was sent to the hospital while intoxicated, counted as commitment

Class 5 felony charge. Didnt mean to lie just wanted to purchase a handgun, didnt think my situation counted as involuntary commitment. This happened in 2012 and forgot about it. What is my outlook? Thank you.

Brian M. Latuga
PREMIUM
Brian M. Latuga
answered on Nov 2, 2020

You need to hire a criminal defense attorney instead of typing on here. Your situation is too in depth for a web inquiry like this. You face serious charges.

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Virginia on
Q: I live in VA. If i get caught with less then an ounce of marijuana thats bagged up, could i still get a felony charge?
Brian M. Latuga
PREMIUM
Brian M. Latuga
answered on Nov 1, 2020

Less than an ounce, if charged as distribution, is a misdemeanor. Less than an ounce for personal use is a civil penalty and still unlawful. Anything over an ounce charged as distribution is a felony.

1 Answer | Asked in Criminal Law for Virginia on
Q: Can I get a felony reduced after sentencing and completion of probation?

Virginia resident here. I was charged with welfare fraud offense date (in 2013) In 2018. I was sentenced with a felony and 2 yrs supervised probation and to pay it back. I successfully completed my supervised probation (early release from it for good behavior) and paid all restitution. I have a... View More

Brian M. Latuga
PREMIUM
Brian M. Latuga
answered on Oct 20, 2020

It sounds like you have been convicted and sentenced more than 21 days ago. The court has no discretion at this point to reopen your case and change your sentence or reduce your charge. And technically, while some judges would do it at sentencing, a court cannot reduce a felony to a misdemeanor if... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: if my husband has a strangulation charge in Chesapeake and I have written a letter

to the common wealth attorney & the prosecutor that I'm no interested in pursuing charges do I still need to be at the preliminary hearing

Brian M. Latuga
PREMIUM
Brian M. Latuga
answered on Aug 14, 2020

If you have been subpoenaed then you must appear unless you have been excused by the attorney for the commonwealth or the court. Depending upon what you wrote in your letters, you may need counsel yourself.

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1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Virginia on
Q: I currently have two charges that deal with marijuana. One for possession of paraphernalia and the other for possession

The charges happened in Va in two different counties. They are previous charges from 2015 and 2017

Brian M. Latuga
PREMIUM
Brian M. Latuga
answered on Jul 7, 2020

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