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Questions Answered by Brian M. Latuga
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
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
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... Read more »

Brian M. Latuga
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... Read 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
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 Criminal Law for Virginia on
Q: I have a assault and battery case, I gave sd card containing video evidence, and the officer lost it
Brian M. Latuga
Brian M. Latuga answered on Aug 5, 2020

The question is, what?

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
Brian M. Latuga answered on Jul 7, 2020

Good morning. Is there a question associated with this?

1 Answer | Asked in Cannabis & Marijuana Law for Virginia on
Q: will officers in VA be able to use marijuana smell as probable cause to search a vehicle when the new law is in effect.
Brian M. Latuga
Brian M. Latuga answered on Jun 15, 2020

Yes. It is not legal, but merely a lesser penalty (civil infraction) for smaller amounts of plant marijuana.

1 Answer | Asked in Criminal Law and Constitutional Law for Virginia on
Q: Indicted by the grand jury

If you are arrested by a police officer and the officer says that you have been indicted by the grand jury do they still have to read you your Miranda Rights

Brian M. Latuga
Brian M. Latuga answered on May 8, 2020

One has nothing to do with the other. Indictment by a Grand Jury results in a charging document. Miranda rights are required after a custodial arrest and questioning about the subject of the arrest. A police officer can make an arrest on an indictment and simply not ask any questions about the... Read more »

2 Answers | Asked in Criminal Law for Virginia on
Q: Wht happens when the amount of drugs in the police report do not match the amount sent to the chemist for analysis
Brian M. Latuga
Brian M. Latuga answered on Mar 14, 2020

They seldom match. The police don’t send all the suspected materials to the lab. Only a minuscule amount needs to be tested for the suspected substance.

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3 Answers | Asked in Domestic Violence for Virginia on
Q: My husband was charged w/ a class 1 misdemeanor for domestic violence. It’s his first offense. Can the charges be drop?
Brian M. Latuga
Brian M. Latuga answered on Mar 14, 2020

Virginia Beach does permit a Nolle Prosequi/ dismissal with a first offense depending upon the circumstances of the case. There are factors that prohibit a dismissal and lead to a trial by a judge. Every case is different. When in doubt, hire a lawyer. The victim of the case is always permitted to... Read more »

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