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Questions Answered by Brian M. Latuga
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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