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Questions Answered by Shemeka C Hankins
2 Answers | Asked in DUI / DWI for Virginia on
Q: i was never convicted of a DUI it was reduced to a misdemeanor am i still required to take an asap class ?
Shemeka C Hankins
Shemeka C Hankins answered on Mar 16, 2021

It depends on if the court required you to or if DMV requires you to. The court can tell you that its not required but the DMV is a separate entity and can make you take ASAP related to their requirements. If neither has ordered you to, then you are free to go.

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3 Answers | Asked in DUI / DWI for Virginia on
Q: I got a dui over 10 yrs ago never took asap,license are revoked till I get a asap paper, what to do
Shemeka C Hankins
Shemeka C Hankins answered on Mar 16, 2021

The ladies below are both correct; you will also need to petition the court for a restricted license so you can have ASAP/ignition interlock.

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1 Answer | Asked in Criminal Law for Virginia on
Q: sexting dating scam

met a girl on dating site father trying to blackmail me for not going to police

Shemeka C Hankins
Shemeka C Hankins answered on Jan 29, 2021

Advice is to not give into the blackmail. I would gather information about the money they are asking for and for what reason via text or email. If they don't want to provide it, then say you're no longer entertaining any messages. If the do provide it, stop responding at that point.... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I was issued a summons for failure to obey highway sign, I was going 49 in a 35, and I am wondering if I should prepay.

I don’t feel like I was going 49 since I was driving with my cruise control at 40. I don’t know if I should just prepay this and take the hit or go through with the summons the officer gave me.

Shemeka C Hankins
Shemeka C Hankins answered on Jan 18, 2021

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 »

2 Answers | Asked in Domestic Violence and Criminal Law for Virginia on
Q: Should I get a lawyer to recant a statement

I filled a report that my fiancé choked me now I do not want him to lose his job

Shemeka C Hankins
Shemeka C Hankins answered on Jan 12, 2021

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 »

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1 Answer | Asked in Criminal Law for Virginia on
Q: If I talk on the phone with or hang out with a person who has a felony warrant can I get in any legal trouble?

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 »

Shemeka C Hankins
Shemeka C Hankins answered on Dec 30, 2020

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 »

2 Answers | Asked in Traffic Tickets for Virginia on
Q: Was pulled over in Virginia. As reckless driving. However, officer put wrong make of car.Color and license plate match

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?

Shemeka C Hankins
Shemeka C Hankins answered on Dec 29, 2020

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.

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1 Answer | Asked in Criminal Law for Virginia on
Q: I have been charged with distribution of methamphetamine in Virginia. What is the worst that can happen?

I believe an confidential informant is how I got charged. I have proof of him threatening me and selling his own prescription medication.

Shemeka C Hankins
Shemeka C Hankins answered on Dec 10, 2020

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 »

1 Answer | Asked in Domestic Violence for Virginia on
Q: If a police officer says I may be subpoena in a future case and I did nothing wrong but was a witness, is it possible

Is it possible to get out of the subpoena? I witness a domestic abuse case and had some video footage. I have not yet submitted it to the officer

Shemeka C Hankins
Shemeka C Hankins answered on Nov 10, 2020

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 »

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: My ex abused me for a year and a half straight, and physically assaulted me a year and eight months ago.

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,

he got... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Nov 10, 2020

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 »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Is a reckless driving ticket considered an arrest? If so, is the arrest submitted on your criminal record (NCIC)?

Would also like to know if the charge is reported in national federal

searches if you’re not convicted of the charge? Does the charge show up on a global entry background search?

Shemeka C Hankins
Shemeka C Hankins answered on Nov 10, 2020

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 »

1 Answer | Asked in Criminal Law for Virginia on
Q: issues related to covid 19, possibly unable to attend upcoming advisement hearing for probation violation.

Im enrolled in the first offenders program and I need to attend a VOP hearing about failure to provide documentation showing I've seen a behavioral health specialist.

I've had contact with a family member who tested positive for covid-19, been around her several times. It is my... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Oct 21, 2020

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 »

1 Answer | Asked in Criminal Law for Virginia on
Q: Will i get jail time for my first drug charge
Shemeka C Hankins
Shemeka C Hankins answered on Oct 21, 2020

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 »

1 Answer | Asked in Criminal Law for Virginia on
Q: I was caught shoplifting at a Walmart in TN,the total was under $100.They have me on camera, and have the torn packages

The police came and issued a misdemeanor ticket.

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 »

Shemeka C Hankins
Shemeka C Hankins answered on Oct 21, 2020

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 »

1 Answer | Asked in Domestic Violence for Virginia on
Q: Someone I was romantically involved with placed their hands on me at night and then called the police on me the next day

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 »

Shemeka C Hankins
Shemeka C Hankins answered on Oct 12, 2020

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 »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I received a "Reckless Driving" ticket in Northern Virginia in July and have a court hearing this week.

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 »

Shemeka C Hankins
Shemeka C Hankins answered on Oct 8, 2020

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 »

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: If someone is your only witness and they plead the fifth are your charges going to be dropped
Shemeka C Hankins
Shemeka C Hankins answered on Oct 8, 2020

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 »

2 Answers | Asked in DUI / DWI for Virginia on
Q: I received a D.U.I. approximately 8 years ago in Virginia, i paid all my fines, but was required to attend VASAP

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 »

Shemeka C Hankins
Shemeka C Hankins answered on Oct 5, 2020

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 »

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1 Answer | Asked in Animal / Dog Law for Virginia on
Q: The county is saying my dog is a dangerous dog with no proof. Allegedly attacked another dog with no proof. No blood.

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 »

Shemeka C Hankins
Shemeka C Hankins answered on Oct 2, 2020

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 »

1 Answer | Asked in Criminal Law for Virginia on
Q: If someone stole my phone and agreed to replace it, isn’t that what they should do instead of just give money?

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 »

Shemeka C Hankins
Shemeka C Hankins answered on Oct 2, 2020

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 »

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