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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.
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 
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
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
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.
The charges happened in Va in two different counties. They are previous charges from 2015 and 2017
answered on Jun 15, 2020
Yes. It is not legal, but merely a lesser penalty (civil infraction) for smaller amounts of plant marijuana.
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
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... View More
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.
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... View More
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