Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Shemeka C Hankins
1 Answer | Asked in Juvenile Law for Virginia on
Q: I am 15 can i go to detention for assult and battery even tho i was assulted also ?

I am 15 years old i got into a altercation with my mother for assult and battery but the judge dosent know that she hit me in the head with a metal object during the altercation and my grandma had to take me to the hosptial because i had a knot... Even tho i was assulted also in that situation wat... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Jan 16, 2020

There are a number of factors that go into answering your question. However, most importantly sounds like you need to talk to a lawyer to adequately present your defenses to the court. If you were acting in self-defense, you may need help presenting that argument to the judge. You can ask the... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I received a summons for court for not having my tags registered. I have since corrected the issue.

What is expected of me when I go in?

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

More than likely you will need to bring in your registration of your vehicle to show the vehicle is properly registered. The court will require you to show that to the officer and could dismiss your charges. They could also dismiss it as having complied with the law which may require you to only... Read more »

2 Answers | Asked in Domestic Violence for Virginia on
Q: How to get a restraining order lifted in Virginia.

My fiance and I had gotten into an argument and the neighbors heard us and called the police. We were yelling but no physical contact was made. I didn't press the charges nor did I testify how can I get this lifted so we can finally get married and see each other

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

First and foremost, who is the protective order against? The person who asked for the restraining order can go to the court to petition to have it dissolved by the court. Most protective order require someone to request it. If it was a restraining order that arose out of this incident, those are... Read more »

View More Answers

2 Answers | Asked in Domestic Violence for Virginia on
Q: I was charged with a misdemeanor simple assault on my girlfriend and didn’t get a lawyer should i?

She is still my girlfriend and is willing to come to court on my side .

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

Even if this is a misdemeanor, if your case is assault and battery against a family member, there will be a lawyer on the other side for the Commonwealth Attorney's office who will prosecute your case. If that is the case, you really want to be careful about going in without an attorney because... Read more »

View More Answers

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I cant pay my ticket, cop gave me the paper with payment info, marked box. But cant pay it online?

80 in 70. Got ticket and another paper marking how much 6.00 every mile over. But I dont have the option to pay this. Should I go to courthouse in person?

Shemeka C Hankins
Shemeka C Hankins answered on Jan 3, 2020

You more than likely have been charged with Reckless Driving which is a class one misdemeanor that can end up with jail time of up to a year. 80 miles per hour is reckless driving not speeding. That is probably why there is no online payment option. You will need to appear in court. I would... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: My 5th grade daughter was attacked by a classmate. My child is 10, the other child is 11.

This girl has been messing with my daughter all year long and I've been telling her to avoid her at all cost. My daughter does not feel safe and I would like to press charges against this child and/or her mother. Can this be done?

Shemeka C Hankins
Shemeka C Hankins answered on Dec 19, 2019

If you go down to your local magistrate for assault, that is potentially possible but I would suggest taking other action before you do this. Perhaps you can get a protective order for your child against this child. As to the mother, you could potentially take out charges of contributing to the... Read more »

1 Answer | Asked in Civil Rights for Virginia on
Q: I have a question I have been given my civil rights back a few years ago but have to go through so called petition court

NOW that my county in virginia is a gun sanctuary city can I legally purchase or possess firearms

Shemeka C Hankins
Shemeka C Hankins answered on Dec 19, 2019

No you cannot and you will be flagged if you attempted to purchase a firearm.

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: I live in Hanover County VA and need to KNOW if I can legally by firearms have been given civil rights back??

The law about petitioning the court to do this is DIRECTLY against 2nd amendment and COSTLY to those not financial able. PLEASE HELP I do NOT want to BRAKE the law or get in trouble. The courts in HANOVER county are NOT exactly law abiding characters who uphold the law and don't care for the fact... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Dec 19, 2019

You lost your rights when you received a felony in the state of Virginia. Nothing is absolute. You have to go through the petition process after your civil rights are restored by the governor. If you have had those rights restored, you petition the circuit court of the county/city where you live.... Read more »

2 Answers | Asked in Domestic Violence for Virginia on
Q: My boyfriend, father of my child, child is 10 years old, has been charged with malicious wounding. There is a video

From home security that shows him trying to get my phone because he seen a message on my phone to another man. We have been together for 12 years. I went to hospital 2 days later and have 2 broken ribs and a dislocated rib. He had been drinking and acted in the heat of the moment. Will he get out... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Nov 25, 2019

These charges are serious and I advise going in with an attorney. Your boyfriend needs counsel immediately and you need to stop making statements about what happened, just in case the prosecution is able to find a way to use them. Many lawyers in the local area offer free consultations and can... Read more »

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: I was arrested for a misdemeanor domestic violence assault.

I was arrested for a domestic violence assault charge. We were both highly intoxicated she kept changing her stories to police and had no injuries. I was arrested and taken to the magistrate and released on a summons. My question is will I go to jail or have to have a bond on my first court date?

Shemeka C Hankins
Shemeka C Hankins answered on Nov 25, 2019

I agree with Ms. Fremit. You should find out from the court whether your next court date is a trial date or an arraignment. While you can probably get the same thing accomplished on both dates, its better to go in knowing what to expect. An arraignment is where they will advise you about what... Read more »

View More Answers

1 Answer | Asked in Traffic Tickets for Virginia on
Q: What will happen on my second speeding ticket as a minor?

I got a speeding ticket 5 months ago and the judge said if I didn't get another one, did a driving class, and did community service, the charges would be dropped. I just got another ticket before the 6 months are up.

Shemeka C Hankins
Shemeka C Hankins answered on Nov 12, 2019

Unfortunately, since the judge cut you a break, its likely you will be found guilty on the original ticket and perhaps the new one. I would take your tickets to a lawyer and get some advice from someone who is local to you and has more insight on the particular judges. Lots of lawyers do free... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Is there a time limit on when a person with a felony can petition for a concealed weapons permit?

All rights except the fire arms have been restored

Shemeka C Hankins
Shemeka C Hankins answered on Oct 22, 2019

You can petition the court to get your rights restored as soon as all of your other rights are restored. there isn't a time limit but you do have to realize that a court will look at how soon your criminal behavior was to determine whether or not it is "too soon" to restore you rights to carry a... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: A 17 year old got charged with Larson petit. Will that charge follow him on his adult record if he turns 18 before court
Shemeka C Hankins
Shemeka C Hankins answered on Oct 22, 2019

The charge is still petit larceny if he turns 18 before he is convicted. The age change does not have any bearing on whether or not he is charged with petit larceny. However, there are difference sentencing options that can open up now that he would no longer be a minor. You should also get an... Read more »

2 Answers | Asked in DUI / DWI for Virginia on
Q: I got a DUI and a reckless driving. On 2 seperate occasions. He said I was going 105 in a 55 on the reckless. An.

And I blew a 0.10 on the breathalyzer. I'm wondering how screwed I am. Ps: I'm in the military. I bought an attourney for both occasions and I'm hoping for the best.

Shemeka C Hankins
Shemeka C Hankins answered on Oct 22, 2019

Hopefully you are asking your attorney these questions - that's why you hired them. Most attorneys in this local area have free consultations where you can sit and chat with them if you haven't actually hired someone yet. More than likely depending on the city: Norfolk, Virginia Beach,... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Virginia on
Q: What are the Statue of Limitations for being charged with Unattended Misdemeanor Hit and Run in Virginia?

My parked car was hit almost a year ago and am curious as to how long the SOL are.

Shemeka C Hankins
Shemeka C Hankins answered on Oct 15, 2019

Any misdemeanor offense has a statute of limitations of one year. If you are the victim, you should have reported this to the police. Unfortunately the more time that has passed, the likelihood of the police being able to do an effective investigation into who hit your car is low.

1 Answer | Asked in Criminal Law for Virginia on
Q: Hey I I have questions about three misdemeanors

I have three misdemeanors on face in the court they are obstruction on a officer, public intoxication, misorderly conduct and I’ve already done the maximum penalty for misorderly conduct and public intoxication what do you think my outcome will it is my first offense

Shemeka C Hankins
Shemeka C Hankins answered on Oct 10, 2019

Every case depends on the specific facts of your case. It sounds like you don't have any prior record and this could be helpful to you. But in order to potentially keep your record clean, your best bet would be to get legal representation quickly in order to present any defenses you may have to the... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Virginia on
Q: what usually happens when charged with driving revoked (dui related) first offense
Shemeka C Hankins
Shemeka C Hankins answered on Oct 8, 2019

The answer truly is it depends. The facts from your underlying DUI will come into play, along with the facts of this offense. It is a class one misdemeanor and you can be sentenced to up to 12mos in jail and up to a $2500 fine. If you had a good behavior period on your underlying DUI, this could... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: What if a commonwealth attorney does not respond at all to expungement. Va law requires a response within 21 days
Shemeka C Hankins
Shemeka C Hankins answered on Oct 8, 2019

You should then motion the court to grant your expungement due to lack of response but you will more than likely still have to go before the judge and the Commonwealth will have an opportunity to present it's arguments at that point in time.

1 Answer | Asked in Criminal Law for Virginia on
Q: Helo with first offense mistameanor for possession.

I have never had a driver's license before. I was not driving. I am being charged with possession of marajuana (first offense mistameanor). My question is what the worst thing they can do as far as charges(I can't afford a lawyer so I will be representing myself). Particularly pertaining to the dmv... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Oct 8, 2019

Your charge can only be changed to felony if there are other factors such as the amount of marijuana, other drug paraphernalia, money you were carrying, other indicators of distribution because there is no felony level possession of marijuana, only distribution. For a first offense marijuana... Read more »

1 Answer | Asked in Uncategorized for Virginia on
Q: I was reported to cps for smacking a child at the daycare I work for but on video you see I swat thier hands away

From another childs face Is that child abuse? and should I find a lawyer, I have a fixed income.

Shemeka C Hankins
Shemeka C Hankins answered on Oct 8, 2019

You should hire a lawyer if there are criminal charges brought. CPS will conduct an investigation as well to verify the information. Make sure you are given a copy of the video of the incident. If CPS makes a negative finding, you can appeal it but I would see if you can speak with a family law... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.