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Questions Answered by Shemeka C Hankins
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.

1 Answer | Asked in Criminal Law for Virginia on
Q: I have a charger where drug perfinallia was found in car it wasn't my car it was my girlfreinds and she will admit the w

Was hers will the drop the charges on me

Shemeka C Hankins
Shemeka C Hankins answered on Jun 17, 2020

Basically, you are stating that you were stopped and drug paraphernalia was found in the car. The car belongs to your gf and she is willing to say that whatever was inside was hers. I would get an attorney to help you get the most out of your GF's testimony on your behalf. The police will... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Can evidence from a previous DISMISSED DV case be used to convict a defendant in a new DV case?

1st DV case dismissed without any court proceedings. Victim didn't show, case dismissed.

2nd DV case 3 month later, prosecutor and judge used evidence from first dismissed case, to establish "history" and convict defendant, with bare minimum evidence for this new case.

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

Typically, the answer to your question would be no unless they overcame an exception to the rules of evidence about patterns or modus operandi which means a method in which you operate to commit the crime. I would speak to your lawyer about what happened in court. You have a right to appeal... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for Virginia on
Q: The feds are saying unless you turn in people they will charge you with a crime you didnt commet
Shemeka C Hankins
Shemeka C Hankins answered on Jun 11, 2020

Sounds like a game of chicken. However, in this case, you shouldn't say anything without legal representation and counsel. They can threaten to bring charges but if they had charges to bring more than likely they would bring them. They don't have to bargain with you. Get a lawyer to... Read more »

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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.

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