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Questions Answered by Shemeka C Hankins
1 Answer | Asked in Criminal Law for Virginia on
Q: What can I be charged with for not being incarcerated but turned self in on time to start incarceration to be denied

The jail said they could not let me in and did not have any information on me. So I left.

Shemeka C Hankins
Shemeka C Hankins answered on Mar 23, 2020

Did you gather any information from the jail or anyone showing that you appeared? I would go back to the court and ask to have your matter placed on the docket to tell the court you tried to turn yourself in but were turned away. The responsibility is yours - no matter what happens - the court is... Read more »

2 Answers | Asked in Criminal Law for Virginia on
Q: I have a pending felony charge for possession of hash oil. The state legislature passed legislation decriminalizing

What will happen if/when the governor signs and the change takes effect? Is is it possible to get my court date be continued until 07/01 so I can be tried under the new/modified law? Thanks!

Shemeka C Hankins
Shemeka C Hankins answered on Mar 23, 2020

Hash Oil and Marijuana are not the same so you need to consult on this issue with your lawyer. Hash Oil is considered a felony because it is listed in the controlled substances section versus the marijuana section and its dependent upon the break down of the components inside your substance. In... Read more »

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2 Answers | Asked in Criminal Law for Virginia on
Q: Wht happens when the amount of drugs in the police report do not match the amount sent to the chemist for analysis
Shemeka C Hankins
Shemeka C Hankins answered on Mar 23, 2020

I agree w/ Mr. Latuga and write separately to also state that many times the police test the drugs or weigh the drug with the packaging as to not handle the actual substance. Many times the chemist or the lab weighs the drugs without the packaging so the number they are sending back is smaller.... Read more »

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: Failure to pay full-time and attention. How can the officer prove this ticket?

I was issued this ticket after a car crash and I was absolutely paying attention. I intend to fight this in trial and I wanted to see how the officer (state) can prove this if they weren't on the scene.

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

These type of cases are usually proven by witness testimony. You are correct that an officer would not typically be able to prove the case if they are not present. I would speak to a local attorney to see how your jurisdiction handles these matters.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: What should I do If I received an HOV ticket for something I did not do?

I was driving on 66 West during rush hour and I was on the 3rd lane (NEXT to HOV) there was a mustang next to me who slowed down and moved behind me when he saw an officer but the officer pulled me over saying that I’m the one who was on HOV. I was never on HOV that day and I explained that to... Read more »

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

You should get advice for counsel in your area. Perhaps they can help you obtain any traffic cam from in that area in order to prove your innocence if the officer is mistaken.

1 Answer | Asked in Traffic Tickets and Car Accidents for Virginia on
Q: If I got reckless not a DUI but I wasn't coherent and think I got drugged should I use that in court?

I'm in VA and was at a party the night before the accident and I dont really remember any of it up to the point of the charge. They did sobriety tests on me and it wasn't because of alcohol. I'm pretty sure someone roofied me.

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

I would make a meeting with a local attorney. Whether or not you were under the influence of an un-administered intoxicant will be up to you to show to the court and what evidence you can show of that fact - not just your assumption or speculation. There may be other ways local counsel can help... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I recently received a ticket for speeding on the highway and I was going 73 on a 55 MPH. It says the wrong race?

I was going to work and was speeding on I-66 East and was going 73 to pass a car in front of me and the officer pulled me over since it was a 55 MPH highway. He gave me a ticket with a court date for the end of April. After reviewing it, I noticed that the race entered is "white" when I am a black... Read more »

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

You should expect at least four points for a violation of speeding that is above 10mph over but less that 20mph over. Most people here will not be able to tell you how this will affect your insurance as this is usually thought to be outside the realm of "legal" advise. It will more than likely be... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Virginia on
Q: Got first DWI in VA on felony probation. was told id be violated. been 3 months and nothing. do i have to be convicted?
Shemeka C Hankins
Shemeka C Hankins answered on Mar 12, 2020

You do not have to be convicted but sometimes this is the way that the probation officer will do it as long as you have let them know about the arrest. You are technically not in violation until you are convicted if the arrest is reported to probation as well.

2 Answers | Asked in Criminal Law for Virginia on
Q: My husband has violation of probation he has a hearing Monday for reinstatement and appoint counsel

Violation of probation

Commerced by Reinstatement

Currently in custody of Newport news city jail

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

Sound like he has an arraignment on his charges which means they will explain what he is charged with, set his trial date, and he can advise them what he plans on doing about counsel. Those options are retain his own, see if he qualifies for court appointed counsel, or represent himself. He will... Read more »

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1 Answer | Asked in Criminal Law for Virginia on
Q: If an underage individual were to overdose in a parked car in a parking lot (after curfew), would they take my license
Shemeka C Hankins
Shemeka C Hankins answered on Mar 3, 2020

Taking your license seems to be the least of your worries here. There can be a number of legal violations that arise from these actions and yes, one of those can be that they will take your license.

1 Answer | Asked in Uncategorized for Virginia on
Q: In the state of Va, can I buy a gun if I have a misdemeanor conviction of brandishing a firearm? 5years ago
Shemeka C Hankins
Shemeka C Hankins answered on Mar 2, 2020

Typically, this type of charge would not prevent you from purchasing a firearm. However, I would consult the potential firearms purchase form and make sure you answer all questions TRUTHFULLY.

https://www.vsp.virginia.gov/Firearms_PurchaseEligibility.shtm

You can also contact the...
Read more »

2 Answers | Asked in Criminal Law, Federal Crimes, Probate and Gov & Administrative Law for Virginia on
Q: Can my probation officer make me bring ib my pills that is a narcotic to my appointment

The office ia at the jail and I was thinking all I need to do is bring a print out of the script instead of the pills them self

Shemeka C Hankins
Shemeka C Hankins answered on Feb 28, 2020

I agree with Ms. Fremit regarding about asking what to bring but the short answer to your question is that you can be asked to bring the actual pills in as well. Make sure you are keeping them in the original prescription bottle with your information listed.

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1 Answer | Asked in Criminal Law for Virginia on
Q: Can I get an estimate of a possible sentencing for my friend?

A man a know was recently arrested. He is 19 years old. His charges are currently as follows: Armed burglary entering house with intent to murder/robbery, robbery of a residence with a gun, use of firearm in felony 1st offense, wearing a mask. He has never been in legal trouble before. How many... Read more »

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

Realistically, he should inquire from his lawyer what time he is potentially facing. Each one of those charges has range of time that is governed by the statute such as Armed Burglary is a Class 2 felony which is twenty years to life as a time of imprisonment. Use of a Firearm in the commission... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Did I break any laws by taking parts from the wrong car at a junk yard?

I found an SUV with a desirable stereo amongst other wrecked cars. During the middle of my part pull they informed me that it was not a junker but a re-po. Remember, no tags, doors unlocked, amongst other junk cars. Did I break any laws?

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

I guess the determination is did you take the parts away from the scene after being informed the car was for repo. Then you have committed crime of theft. You may have excuse for the actual removal of the stereo if you can show that a reasonable person would believe that the SUV was abandoned and... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Is it okay for my 15 year old daughter to hang out with a 21 year old as long as there's no sex
Shemeka C Hankins
Shemeka C Hankins answered on Feb 24, 2020

You seem to be making the nature of their relationship seem more of a dating relationship than "hanging out" when you bring up sex. There are things that are "not sex" that can be done between someone who is an adult and someone who is a minor (under the age of 18). Especially in the digital age... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for Virginia on
Q: If I got a marijuana possession charge when I was 17 but may not go to court until after my birthday..

Will I be charged as an adult or minor? This is my 3rd posession charge.

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

If the date of offense was before you turned 18, then the case will be in juvenile court. You should definitely seek counsel still however b/c they can sentence you as an adult if you are 18 b/c technically you cannot take advantage of juvenile services. Also it is a third offense so the court... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: I was wondering what could possibly be the outcome at court for a class 1 misdemeanor for assault first offense?

I was intoxicated and argued with my husband and it got a little physical and was arrested for assault because he had a red mark on him .

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

I agree with Ms. Fremit and write separately to state you should get an attorney to help you navigate getting a deferred finding such as described below. Many local attorneys in this area provide fee consultations.

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2 Answers | Asked in Criminal Law, White Collar Crime and Medical Malpractice for Virginia on
Q: Does a conviction of "obtained drug by fraud" fall under the category of a Drug Crime or is it a White Collar Crime?

Or is it both? Also, after reading relevant Virginia Code, it's my understanding that in the State of Virginia it is only possible to be granted an expungement if found not guilty or charges are dismissed by the prosecution. Is that correct?

Shemeka C Hankins
Shemeka C Hankins answered on Feb 13, 2020

I agree with Ms. Fremit but write separately to indicate more fully (as she said as well) that charges which were dismissed under a "deferred finding" or "first offender" style statute that one might have taking advantage of in a case like prescription fraud are not eligible to be expunged as the... Read more »

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2 Answers | Asked in Criminal Law for Virginia on
Q: Can I get a lawyer for criminal law
Shemeka C Hankins
Shemeka C Hankins answered on Feb 13, 2020

Well this is a very broad question but what you should do is look for a lawyer who handles the type of crime for which you, or whomever is charged, are being prosecuted for. Many lawyers in this area have free consultations and you can sit down with a lawyer to find out if they are a good fit.... Read more »

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1 Answer | Asked in Domestic Violence for Virginia on
Q: If I’m going to court for having sex with someone 25 when I was 17 What will happen

Will they ask for a dna test since I got pregnant, can he still get in trouble if I gave consent

Shemeka C Hankins
Shemeka C Hankins answered on Feb 11, 2020

Any adult person who has sexual contact with a minor can still be charged with a crime even if there was consent. Sounds like this person needs to consult an attorney regarding his rights and defenses to see if there is something he can do to minimize the charges against him. The court could ask... Read more »

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