It sounds as if the officer was trying to cut you a break instead of writing you for speeding. It depends on the code section he/she used. No one here can tell you what's in your best interest without knowing more about you such as your driving record but even then it would ultimately be...Read more »
There are several issues here and yes you should at least talk to a lawyer about your options. If you told the police this happened and it actually happened, "recanting" is actually telling a lie which you could violate being under oath. If it didn't actually happen, then there is...Read more »
This person is on the run, they knew they had the warrant and when chased by police in their vehicle managed to get away long enough to jump out and escape on foot. I'm also curious if I am obligated to inform police of their location if we do choose to hang out somewhere, as I am pretty... Read more »
You are not obligated to turn the person in but the more you affiliate with the person knowing about their crime and if you help them in any way, money/a ride, you could be seen as to be an accessory after the fact or obstructing justice which is helping to continue their evading the police. As a...Read more »
Was stated a laser caught me going 58 in a 25. However, he put I was driving a Chevy and I was driving a dodge. The color , year, and plate is accurate. Will this get thrown out, due to incorrect information?
The information can be amended when you get to court if something is incorrect so you will probably still need to go forward with the ticket. You can get a lawyer to help with the Reckless Driving because its in a city and judges tend to think that's worse.
Distribution of any controlled substance in Virginia is a serious crime. 18.2-248 is the code section governs distribution of controlled substances and the penalty attached is typically five years to forty years. There may be several defenses to this type of charge but you need to speak to a...Read more »
You can definitely be subpoena by the officer or the Commonwealth Attorney's Office. If the subpoena actually comes, there isn't a way to get out of it as its a court order. If it comes from the prosecutor's office, you can actually contact them and tell them your position about...Read more »
I just got an EPO against him for stalking and harassing me. I have the screenshots of the recent event that caused me to get the EPO, and still have evidence from when he attacked me with screenshots of him admitting to hitting me, pictures of bruises, and verbally abusing me,
unfortunately, it depends would be the lawyer answer here. It depends on how extensive the physical abuse was - if it involved strangulation (choking) you, that's a felony and could be punishable at any point. There will be an issue obviously with your recanted statement but you could still...Read more »
I don't know that anyone here could answer this concretely for you. Government background searches are the most in depth. If you weren't convicted, it more than likely won't show as a ticket (summons) is not considered an arrest. Prior arrests do show on background check but these...Read more »
I would send a letter to the court showing you actually went to get tested. While noone on this forum can tell you that you will automatically be excused, courts are being lenient if you are making a good faith efforts to show you had actual contact and are actually quarantining. I would speak to...Read more »
No one on this forum can answer your question without more information about you and your charge. However, a public forum isn't the best place to engage in this conversation. You need to seek out information from a lawyer in the jurisdiction (area) that you got the charges in. They will...Read more »
They did not take me to jail, I was told to go to my arraignment the following morning, which I did. My question is: 1) do I plead guilty or not guilty and 2) is there anyway to keep this off my record, if not is there a way to take it... Read more »
You need to consult a lawyer who practices in the area of Tennessee where you were caught - that person will be the best person to advise you on what to plead and how to work on the situation with the local courts. I would advise speaking to an attorney if you want to keep the charge off your...Read more »
The police came out at 5:00pm (the incident happened the night before and I decided to not call the police.) Initially I said that I didn’t want to talk about what happened with them then the police said the person made accusations that I placed my hands on them and I needed to tell my side. I... Read more »
This is highly unlikely. If the police responded and no one was arrested, it is unlikely a report will make it's way to the Commonwealth Attorney's office. Charges have to start in the system via going through the magistrate or a report to the Commonwealth Attorney's office to...Read more »
In July of this year i was driving 20mph over the speed limit, unfortunately i did not realize how fast i was driving before it was too late. I was pulled over and as calmly and politely as possible did what the officer asked. All while having a panic attack. This was my first ever offense while... Read more »
Yes - Reckless Driving is a class one misdemeanor in VA for going over twenty miles above the posted speed. It carries a penalty of up to twelve months in jail and up to a $2500 fine. Depending on how fast, where you were driving, and road conditions, it could end up in jail time but nowhere near...Read more »
Unfortunately, the answer is "it depends." There may be ways for the case to be proven without their testimony if the police were involved. They may not assert their fifth amendment privilege correctly and the court may compel them to answer the question or face contempt. It sounds like...Read more »
I was also told I'd have to have a breathalyzer installed in my vehicle for at least 6 months. Last year or so I asked for a transcript of my charges to ask the D.M.V. what I need to to start getting my licenses reinstated. Since the breathalyzer wasn't present on my transcript would I... Read more »
I agree with my colleague's answer that it depends. However, for most convictions the ignition interlock is a requirement of ASAP because its a requirement of your conviction. You should check your court paperwork. If its there, ASAP may requirement it even though a lengthy time has passed....Read more »
We had court on Jun 24 2020 and we were turned away because we didn’t meet the criteria to enter the building due to Covid. The deputy told me to call the clerk and and it was to late to even call because the judge declared my dog dangerous. I need a lawyer my dog hasn’t hurt a fly? The dog is... Read more »
Unfortunately unless you already noted your appeal, your options are going to be severely limited. I would get an attorney ASAP who can advise you if you can have a motion to rehear on the case, if you haven't appealed. Someone locally should be able to better advise you of a potential...Read more »
Recently someone stole my phone with the case screen protector and pop socket, I found this person and agreed not to press charges as long as they replace everything, however this person has gone against this deal and is saying they want to give me money instead, but I don’t want to take money in... Read more »
If you have decided to not go to the police, then unfortunately unless you have a contract with this person, they can do whatever they want. I wouldn't advise this but perhaps you should meet in a public place (with other people along for the ride!) just as a WAWA where there is plenty of...Read more »
Unfortunately Virginia does not allow for the expungement of any crimes of which you plead or were found guilty at this time. This would be an argument to plead to the legislature so they could enact some kind of plan regarding misdemeanor expungement in Virginia. As of right now, these crimes...Read more »
I've been charged with dist of a drug 4 counts from a period of 2yrs and that is almost 3yrs ago now and no motion for discovery has been offered and never was informed of how, who where what caused me these charges, then was charged with 3 they make mistake 2 mins after seeing magistrate they... Read more »
Sounds like what you probably need to do is hire your own attorney. Unfortunately, not because they aren't good attorneys, but because of the workload that is placed on some court appointed attorneys, you may not be able to receive the attention you need to have all of your questions answered....Read more »
Mistakes in the system happen. The officer has technically until the court date. Your summons is your notice to appear. However, obviously this could cause some issues for the officer if it does not appear in the court's system or on their docket. This doesn't really mean your charges...Read more »
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