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Questions Answered by Shemeka C Hankins
2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: I was arrested for a misdemeanor domestic violence assault.

I was arrested for a domestic violence assault charge. We were both highly intoxicated she kept changing her stories to police and had no injuries. I was arrested and taken to the magistrate and released on a summons. My question is will I go to jail or have to have a bond on my first court date?

Shemeka C Hankins
Shemeka C Hankins
answered on Nov 25, 2019

I agree with Ms. Fremit. You should find out from the court whether your next court date is a trial date or an arraignment. While you can probably get the same thing accomplished on both dates, its better to go in knowing what to expect. An arraignment is where they will advise you about what... View More

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: What will happen on my second speeding ticket as a minor?

I got a speeding ticket 5 months ago and the judge said if I didn't get another one, did a driving class, and did community service, the charges would be dropped. I just got another ticket before the 6 months are up.

Shemeka C Hankins
Shemeka C Hankins
answered on Nov 12, 2019

Unfortunately, since the judge cut you a break, its likely you will be found guilty on the original ticket and perhaps the new one. I would take your tickets to a lawyer and get some advice from someone who is local to you and has more insight on the particular judges. Lots of lawyers do free... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Is there a time limit on when a person with a felony can petition for a concealed weapons permit?

All rights except the fire arms have been restored

Shemeka C Hankins
Shemeka C Hankins
answered on Oct 22, 2019

You can petition the court to get your rights restored as soon as all of your other rights are restored. there isn't a time limit but you do have to realize that a court will look at how soon your criminal behavior was to determine whether or not it is "too soon" to restore you... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: A 17 year old got charged with Larson petit. Will that charge follow him on his adult record if he turns 18 before court
Shemeka C Hankins
Shemeka C Hankins
answered on Oct 22, 2019

The charge is still petit larceny if he turns 18 before he is convicted. The age change does not have any bearing on whether or not he is charged with petit larceny. However, there are difference sentencing options that can open up now that he would no longer be a minor. You should also get an... View More

2 Answers | Asked in DUI / DWI for Virginia on
Q: I got a DUI and a reckless driving. On 2 seperate occasions. He said I was going 105 in a 55 on the reckless. An.

And I blew a 0.10 on the breathalyzer. I'm wondering how screwed I am. Ps: I'm in the military. I bought an attourney for both occasions and I'm hoping for the best.

Shemeka C Hankins
Shemeka C Hankins
answered on Oct 22, 2019

Hopefully you are asking your attorney these questions - that's why you hired them. Most attorneys in this local area have free consultations where you can sit and chat with them if you haven't actually hired someone yet. More than likely depending on the city: Norfolk, Virginia Beach,... View More

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1 Answer | Asked in Criminal Law for Virginia on
Q: What are the Statue of Limitations for being charged with Unattended Misdemeanor Hit and Run in Virginia?

My parked car was hit almost a year ago and am curious as to how long the SOL are.

Shemeka C Hankins
Shemeka C Hankins
answered on Oct 15, 2019

Any misdemeanor offense has a statute of limitations of one year. If you are the victim, you should have reported this to the police. Unfortunately the more time that has passed, the likelihood of the police being able to do an effective investigation into who hit your car is low.

1 Answer | Asked in Criminal Law for Virginia on
Q: Hey I I have questions about three misdemeanors

I have three misdemeanors on face in the court they are obstruction on a officer, public intoxication, misorderly conduct and I’ve already done the maximum penalty for misorderly conduct and public intoxication what do you think my outcome will it is my first offense

Shemeka C Hankins
Shemeka C Hankins
answered on Oct 10, 2019

Every case depends on the specific facts of your case. It sounds like you don't have any prior record and this could be helpful to you. But in order to potentially keep your record clean, your best bet would be to get legal representation quickly in order to present any defenses you may have... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Virginia on
Q: what usually happens when charged with driving revoked (dui related) first offense
Shemeka C Hankins
Shemeka C Hankins
answered on Oct 8, 2019

The answer truly is it depends. The facts from your underlying DUI will come into play, along with the facts of this offense. It is a class one misdemeanor and you can be sentenced to up to 12mos in jail and up to a $2500 fine. If you had a good behavior period on your underlying DUI, this could... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: What if a commonwealth attorney does not respond at all to expungement. Va law requires a response within 21 days
Shemeka C Hankins
Shemeka C Hankins
answered on Oct 8, 2019

You should then motion the court to grant your expungement due to lack of response but you will more than likely still have to go before the judge and the Commonwealth will have an opportunity to present it's arguments at that point in time.

1 Answer | Asked in Criminal Law for Virginia on
Q: Helo with first offense mistameanor for possession.

I have never had a driver's license before. I was not driving. I am being charged with possession of marajuana (first offense mistameanor). My question is what the worst thing they can do as far as charges(I can't afford a lawyer so I will be representing myself). Particularly pertaining... View More

Shemeka C Hankins
Shemeka C Hankins
answered on Oct 8, 2019

Your charge can only be changed to felony if there are other factors such as the amount of marijuana, other drug paraphernalia, money you were carrying, other indicators of distribution because there is no felony level possession of marijuana, only distribution. For a first offense marijuana... View More

1 Answer | Asked in Uncategorized for Virginia on
Q: I was reported to cps for smacking a child at the daycare I work for but on video you see I swat thier hands away

From another childs face Is that child abuse? and should I find a lawyer, I have a fixed income.

Shemeka C Hankins
Shemeka C Hankins
answered on Oct 8, 2019

You should hire a lawyer if there are criminal charges brought. CPS will conduct an investigation as well to verify the information. Make sure you are given a copy of the video of the incident. If CPS makes a negative finding, you can appeal it but I would see if you can speak with a family law... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: facing false police report for lying on the stand to protect a very abusivea who threatened to kill me if I didn't
Shemeka C Hankins
Shemeka C Hankins
answered on Oct 8, 2019

I'm assuming your question is what should you do if you are facing this charge. You need to seek an attorney to represent you as this is a class one misdemeanor. You need to discuss your options regarding the charge and tell the police about the threats, that's witness tampering which... View More

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