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Questions Answered by Shemeka C Hankins
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... View 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... View 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... View 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... View 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... View 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... View 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.... View 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... View 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... View 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... View 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... View 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... View 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...
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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... View 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... View 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... View More

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