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Questions Answered by Shemeka C Hankins
1 Answer | Asked in Traffic Tickets for Virginia on
Q: How much time does an officer have to file a reckless driving/speeding ticket from the date the ticket was written?

Received reckless driving/speeding ticket on Sept 1st.

Court date is listed as October 1st.

Have yet to see my name or case information filed with the courts online.

If the officer doesn't file by a certain date after the ticket was written could the ticket be considered null and void?

Shemeka C Hankins
Shemeka C Hankins answered on Sep 14, 2020

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 »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My son is 17 and recieved a ticket for failure to yield what can be done
Shemeka C Hankins
Shemeka C Hankins answered on Sep 14, 2020

Your son will go to juvenile and domestic relations court. I would seek out an attorney who is local to you that practices in that court frequently who can give you an idea of what the judges are like in your area. Obviously you and your son will potentially fair better if you have an attorney but... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for Virginia on
Q: As a 23 year old Virginia resident, can I purchase recreational Marijuana in washington dc?
Shemeka C Hankins
Shemeka C Hankins answered on Sep 14, 2020

Purchasing marijuana is legal in the District of Columbia. What I'm guess you are asking is if you can bring it back into Virginia and possess it. Possession of Marijuana is not legal in the state of Va but it was just decriminalized - which make it a civil penalty of $25 for possession of... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Virginia on
Q: Hi, I am searching a Pro Bono or an affordable lawyer for an Habeas Corpus!

No one ever comes back to me. It would be a Habeas Corpus for Ineffective Assistance of Counselling. I am searching for a lawyer who can do some Pro Bono work and some paid work, I am fine with this either. You need to be eager to fight and must have the willing to win. I want a release date, this... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Sep 14, 2020

You can file your own Habeas Corpus motion without counsel if you need to. Depending on where you received your sentence, I would look for a lawyer who works in that area in order to assist you with what you may need to have done to potentially help you with the habeas petition and anything else... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: How to ask for dismissal or reduced charge in Traffic Court?

Virginia Interstate 81 I had a single car accident. Heavy rain storm and car hydroplaned when I slowed down for exit. Avoided other cars but slid off road causing damage to the car I was driving. Cited for Failure to maintain control of vehicle-not cited for anything else . Have since learned... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Sep 14, 2020

Sounds like I would appear and maintain the same. Sometimes an accident is just an accident, especially since there were no other cars involved in the accident. I would take the time to speak to an attorney that's local to your area and get a feel for the judges there but sounds like... Read more »

2 Answers | Asked in Domestic Violence and Criminal Law for Virginia on
Q: I am in the process of getting my Second Amendment Rights restored.< VA > I have 2 dismissed Domestics. Possible prob?

One was back in 2007 or 08. The other was 2018. Both Dismissed

Shemeka C Hankins
Shemeka C Hankins answered on Sep 14, 2020

This perhaps may be problematic for you if one of them was dismissed according to a deferred finding statute. I would talk to a local attorney or a firm like ours that specializes in gun rights restoration. There is a difference between what a domestic violence charge could mean for state... Read more »

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: What’s the best step to remove or reduce my citation/points? I was pulled over for speeding 77/50... please help! Thank

The Officer pulled me over 77/50 in Fairfax County in 3 lane Parkway but he told me that he did not mark me as “Reckless” And he put general traffic ticket instead. I have a good driving record. What’s the best way to remove or reduce my citation? Show up in the court and explain my part? Thanks!

Shemeka C Hankins
Shemeka C Hankins answered on Aug 19, 2020

More than likely it would be best for you to take a driving course online. One it may convince the judge you are taking this seriously and want to commit to better driving habits. May convince them to reduce it to an even lower speeding. Two, taking a class that is not ordered by the court has a... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Does Traffic Code 46.2-821 come with demerit points?

Did not stop completely for 3 seconds at a stop sign

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

Failure to stop and yield the right of way is a four point demerit. Failure to obey a traffic sign is a three point demerit point. sometimes the officer writes the ticket is interchangeable. Hope this is helpful - good luck!

1 Answer | Asked in Criminal Law for Virginia on
Q: I am currently serving time in VA. Release date/earned sentence credit question.

My release date was 8/24/2024 but changed due to probation violation to 7/12/22. If my final sentencing order said that I was sentenced to a period of five years but all five years are suspended for a period of five years how can I be violated if the five year period is up? The original charge was... Read more »

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

This situation is best suited for the lawyer who assisted on your case because you have presented a very fact specific question. I'm going to try to break it down for you. Using the numbers you've given - so you were convicted of PWID in 2009 and given no time to serve but a five year... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Is the Navy able to discharge a sailor for being arrested and charged with a felony without having been convicted yet
Shemeka C Hankins
Shemeka C Hankins answered on Jul 9, 2020

The Navy can start the process of administratively separating you from the military for a number of reasons. They can make their own determinations that are independent of the criminal process going on, especially if the person has given a statement to the military about what has happened.... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: I called 9 11 bc I heard people in my house the cops came and searched my house without permission,and found a pipe,

Can they legally do that. I mean can I expect an indictment,or arrest from this

Shemeka C Hankins
Shemeka C Hankins answered on Jul 6, 2020

The answer is it depends. It depends on what areas you allowed them into in order to look for the robbers. If they then saw something in plain view, not hidden away, they can grab that. But there may be a very good cause of action if they were moving things about and searching in containers b/c... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: When you call the police to your home because it's being robbed,can they search your stuff and arrest you without a warr

Without a search warrant,say I call the cops to see if my house is being robbed . can they search my house a look for stuff then arrest me ?

Shemeka C Hankins
Shemeka C Hankins answered on Jul 6, 2020

The answer is it depends. It depends on what areas you allowed them into in order to look for the robbers. If they then saw something in plain view, not hidden away, they can grab that. But there may be a very good cause of action if they were moving things about and searching in containers b/c... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for Virginia on
Q: Marijuana is now decriminalized in VA. I was charged before it passed but still haven't been to court. What will happen?
Shemeka C Hankins
Shemeka C Hankins answered on Jul 3, 2020

It will depend on the judge and the facts surrounding your situation. If it is a first time offense it is highly likely that the judge will follow the new decriminalization statute.

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: My boyfriend was charged with his first misdemeanor DV charge. He has no criminal record. What will the court prob. say?

My boyfriend was charged with his first misdemeanor DV charge. The victim made a statement under the influence of alcohol and the police took pictures of arm scratches (did not break the skin). He has no criminal record. What will the court most likely rule? Will he go to jail?

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

The answer to the question depends on a number of factors. Obviously with no criminal record and minimal injuries, things could be looked at very positively by the court. However, a domestic violence charge in Virginia carries up to twelve months in jail and up to a $2500 fine, if he is found... Read more »

3 Answers | Asked in Family Law, Juvenile Law and Landlord - Tenant for Virginia on
Q: Are their any laws that prevent a parent of an 18 year old from going to see their lover or friends

Also are there any laws that prevent a toxic, controlling parent from controlling an 18 year old’s life

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

At the age of 18, you are legally an adult - not a juvenile and can move about freely without any restrictions, no matter what a parent says. However, there are consequences and responsibilities to those choices. If you are living at home, a consequence of choosing to go against your... Read more »

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1 Answer | Asked in DUI / DWI for Virginia on
Q: My revoked Wva licence are almost expired. I moved to Va, can I get a Va licence?

I have took the required Dui and counseling but the instructor will not sign off on my licence. She never called me in to take the final drug test or anything. I was in a drug program which was seperate from my classes but in the same building but she used my drug test from the program instead of... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Jun 24, 2020

This may depend on how West Va enters your information into their DMV system and where you got your DUI. But it would be easier if you transfer your license to VA BEFORE you WVa license expires.

1 Answer | Asked in Uncategorized for Virginia on
Q: Do I need to be represented by a lawyer for a trespassing charge? No prior charges or convictions. Thanks.

Court date is June 29th, Henrico General District Court. Law section 18.2-119. The block is not marked on the section of the summons that says "You may avoid coming to court only if this block is checked...". Thanks.

Shemeka C Hankins
Shemeka C Hankins answered on Jun 22, 2020

You need to appear as trespassing is a class one misdemeanor that carries up to twelve months in jail and up to a $2500 fine. The court should advise you that you are entitled to an attorney since the crime carries potential jail exposure. The court could also choose to waive jail time which... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for Virginia on
Q: I was convicted of a felony as a juvenile in Virginia when I was 16 years old. I am now 29, Can I buy a firearm?

Does an underage felony conviction prevent firearm ownership for the rest of my life?

Shemeka C Hankins
Shemeka C Hankins answered on Jun 22, 2020

At this point, now that you are 29, you should be able to purchase a firearm as long as you weren't convicted of certain violent offenses. You can actually follow up with the State Police to ask them about the firearms form because they run all background checks for firearm purchases. here... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: How can I get video surveillance from Target for my petty larceny charges?

I was served with 3 warrants for petty larceny from Target in March. My court date was supposed to be May 7th but still hasn’t been rescheduled due to COVID. My lawyer has sent 2 subpoenas for the evidence but still nothing. Is there any way for me to get it myself?

Shemeka C Hankins
Shemeka C Hankins answered on Jun 22, 2020

If your lawyers have sent to subpoenas, then your lawyer knows how to move the court to compel it being turned over or other remedies since the request is not being honored. There really isn't another way for you to get the video above what your lawyer is doing.

1 Answer | Asked in Criminal Law for Virginia on
Q: Are criminal judges mandated to have mental health and addiction training?
Shemeka C Hankins
Shemeka C Hankins answered on Jun 22, 2020

They do go through training about potential defendants who are suffering from these issues and the different programs that the state or local agencies have to help them.

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