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

1 Answer | Asked in Cannabis & Marijuana Law for Virginia on
Q: Hi im from va. Im on first offenders for weed I got caught shoplifting today what will happen? 97$
Shemeka C Hankins
Shemeka C Hankins
answered on Feb 11, 2020

More than likely if you are convicted of the shoplifting, you will also be convicted of your marijuana charge. One of your conditions of the first offender is good, law-abiding behavior so a new conviction is a violation of that. You should consult with your prior attorney or a new who can advise... View More

1 Answer | Asked in Criminal Law and Military Law for Virginia on
Q: As a party to a conversation in the state of Virginia can i record a conversation if i have given consent to be recorded

As it pertains to Virginia Code 19.2-62 and 18 USC 251. also as it pertains to military matters not affecting national security

Shemeka C Hankins
Shemeka C Hankins
answered on Feb 10, 2020

Since you are able to do research, you should also consult 19.2-61 and 18.2-420.2 - while you can give consent in VA as a one party consent state, there are stricter guidelines if this is a telephone conversation versus an in person conversation and whether or not that type of evidence can be used... View More

2 Answers | Asked in Civil Litigation, Contracts, Criminal Law and Federal Crimes for Virginia on
Q: Court did not complete plea agreement. Plead guilty to misdemeanor instead of felony. Court processsed as felony.

More than one legal issue regarding the trial of case. However most important issue is the plea agreememt was to plea guilty to two misdemeanors instead of 2 felony charges. Just got a letter about not voting rights, so looked up charge online. Court said plead guilty to a felony. I have plea... View More

Shemeka C Hankins
Shemeka C Hankins
answered on Feb 10, 2020

Sounds like it could be a paperwork error. You need to have a lawyer file a post-trial motion on your behalf to make sure the court's records are correct.

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1 Answer | Asked in Juvenile Law and Sexual Harassment for Virginia on
Q: can i get in trouble for being 23 sending a 16 year old boy nude photos of myself unknowingly?

i was unaware the boy was 16 i was told he was 18 and i have never physically met this boy in real life just sent photos on the app snapchat i was just made aware he is 16 and i am 23 he saved all photos and videos and now using them as blackmail to sleep with me

Shemeka C Hankins
Shemeka C Hankins
answered on Feb 7, 2020

Unfortunately there are many scams that are going around where people are doing this for either money or other kinds of issues. I would keep screen shots of everything and go to the police for extortion. Cut off contact, but do not change your number - just don't reply to anything they are... View More

1 Answer | Asked in Domestic Violence for Virginia on
Q: My girlfriend & I got into a heated argument, she is now being charged with assault and battery.

One night, my girlfriend and I got into an argument, because she gave me her credit card to get juice, I ended up purchasing that along with a few items she wasn’t aware of. When she checked her bank she saw there was charges she didn’t recognize, as we drank alcohol she confronted me about it... View More

Shemeka C Hankins
Shemeka C Hankins
answered on Feb 7, 2020

Unfortunately, you have put your girlfriend in at tough situation. In most jurisdictions in Va, the Commonwealth Attorney's office will be involved on the case if she was charged with assault and battery against a family member. This will apply if you are in a relationship and having been... View More

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... View 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... View 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... View 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... View More

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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... View More

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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... View 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... View 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... View 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.... View 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... View 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... View More

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