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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... View More
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... View More
I have three firearms convictions: 1973; discharge firearm within town limits (1) another discharge firearm within town limits; 2013, as well as reckless handling of firearm on same date.
answered on Oct 2, 2020
Unfortunately Virginia does not allow for the expungement of any crimes of which you plead or were found guilty at this time. This would be an argument to plead to the legislature so they could enact some kind of plan regarding misdemeanor expungement in Virginia. As of right now, these crimes... View More
I've been charged with dist of a drug 4 counts from a period of 2yrs and that is almost 3yrs ago now and no motion for discovery has been offered and never was informed of how, who where what caused me these charges, then was charged with 3 they make mistake 2 mins after seeing magistrate they... View More
answered on Oct 2, 2020
Sounds like what you probably need to do is hire your own attorney. Unfortunately, not because they aren't good attorneys, but because of the workload that is placed on some court appointed attorneys, you may not be able to receive the attention you need to have all of your questions answered.... View More
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?
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
One was back in 2007 or 08. The other was 2018. Both Dismissed
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... View More
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!
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... View More
Did not stop completely for 3 seconds at a stop sign
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!
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... View More
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... View More
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.... View More
Can they legally do that. I mean can I expect an indictment,or arrest from this
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... View More
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 ?
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... View More
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.
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?
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... View More
Also are there any laws that prevent a toxic, controlling parent from controlling an 18 year old’s life
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... View More
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... View More
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.
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.
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... View More
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