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While camping on a river, a game warden approached me and suspected us of trespassing. During our conversation, I was getting a cigarette from my pack when he demanded to see it and subsequently found an illegal substance. He searched without a warrant and based on his suspicion that we were... View More 
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answered on Mar 22, 2025
You have a lawyer, so explain the circumstances of the encounter to your lawyer. They'll be able to review the officer's account of the interaction and compare it with your own recollection. If they determine that there was a possible 4th Amendment violation they can file a motion to suppress.
I received a speeding ticket last Saturday for driving 75 in a 55 mph zone. However, my last name was incorrectly written on the ticket. I have not contacted the issuing authority about the error, and this is my first traffic violation. The ticket may have been issued out of town. How should I... View More
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answered on Mar 18, 2025
I'm not sure what you mean by "issued out of town" but something to keep in mind is that a Virginia summons should include your license #, your address, other identifying information, and (usually) your signature. I wouldn't assume that this error would prevent the charge from... View More
In November 2018, I was charged with a DWI 1st in Virginia and soon after was admitted into a mental health facility for bipolar depression and anxiety. I was unable to attend my scheduled court date and was subsequently charged with Failure to Appear; there is now an outstanding bench warrant. I... View More
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answered on Mar 16, 2025
I would certainly gather documentation showing the admission to and discharge from the facility. It would also be wise to consult with an attorney who practices regularly in the jurisdiction where this all occurred. They might be able to give you some insights into the standard penalties for the... View More
I had a first-time offender domestic violence plea in Virginia and have successfully completed all the terms of my sentence as required by the judge. There were no specific restrictions mentioned in my plea agreement regarding firearm possession. Am I now eligible to buy a gun for protection?
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answered on Mar 16, 2025
Both Virginia and the federal government have statutes prohibiting the possession of firearms by people "convicted" of a misdemeanor crime of domestic violence (under Virginia law, for a period of three years following conviction, and under federal law in perpetuity). If your case was... View More
I'm trying to find out if my name is included in legal documents related to a conviction. How can I verify this, and what steps should I take if I find out I am listed in these documents?
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answered on Mar 12, 2025
If you were a defendant, your name would be listed in the charging documents. If you were a victim, your name might also be listed in the warrant's or indictment's charge description. You could start with a state-wide search for criminal records (https://www.vacourts.gov/caseinfo/home)... View More
I am facing allegations of assault and use of a weapon in Virginia. It is claimed that I used a machete, but I do not own one. No witnesses saw the alleged incident, though my mother was in another room, and my boyfriend was outside. I had a verbal argument with my boyfriend about an hour before... View More
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answered on Mar 12, 2025
Any charge that could result in a jail sentence will go through an arraignment hearing first. At the arraignment hearing, the judge will discuss your trial date and also whether you qualify for a court-appointed lawyer, whether you intend to hire a lawyer, or if you intend to represent yourself.... View More
48, and left him with the max amount of 20 years. My question is whether or not a judge is allowed to exceed the cap limit and suspend the excess in order to meet the agreement.
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answered on Mar 10, 2025
If the plea agreement only concerned itself with the amount of active time to be imposed, then the judge did nothing irregular by including a suspended sentence. This is assuming that the statutory penalties for the offense(s) involved allowed for at least 68 years of incarceration. This is... View More
I received an inspection ticket in Virginia but got the inspection done the next day. I paid the fine online well before my court date. Since my summons was a release on summons, do I still need to show up to court?
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answered on Mar 10, 2025
No, you shouldn't have to attend court if it has been pre-paid. That is an offense where the judge would just try you in your absence if you didn't appear. If you're still concerned about the ticket you can check the status of your case online at... View More
I received a super speeder ticket for going 89 in a 70 mph zone in Virginia. I have no previous tickets, but I cannot attend the court date set for the 14th of this month as I do not live in Virginia. I am planning to enter the military and am concerned that this ticket, which I understand could be... View More
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answered on Mar 7, 2025
Consult with an attorney who handles cases in the jurisdiction where you got the ticket. The initial consultation will likely be at no cost to you. Even at that speed, it might be possible to appear by counsel (you would not need to drive back to Virginia to appear on your case). The possible... View More
I am being asked by officers to come in for questioning regarding an assault incident where I was present. They have explained why I am being questioned, but I have not received any official documents or subpoenas. Do I legally have to speak with them, and should I consult with a lawyer first to... View More
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answered on Mar 3, 2025
You are not required to talk to them. I would be concerned that they might later try to claim that you were somehow a participant in the incident. If it were me, I would politely decline to discuss the assault with them. It might be a good idea to consult a local defense attorney about this, but... View More
I am on probation and had to move to a new address within the same city. I left messages for my probation officer on January 29, 2025, January 31, 2025, and February 18, 2025, and also sent a letter providing my new address. My probation officer has not yet visited for a house check, and I have not... View More
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answered on Feb 27, 2025
Possibly. That will depend on if there were any restrictions in place on changing your address without prior approval, or if there was delay in reporting your change of address that runs afoul of their rules. Even if that was the case, not every issue results in a violation letter being sent to the... View More
I was involved in a car crash due to icy road conditions. A police report was filed, but it doesn't mention anything criminal. Some items were confiscated from my vehicle, and I'm concerned about why this happened. What steps should I take to understand the reason for the confiscation and... View More
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answered on Feb 27, 2025
Not knowing about the details about what was seized and circumstances surrounding the seizure (do not share them online), it's hard to say. You can call or visit the agency that took the items, explain your question about your property to the front desk, and you should get an answer either... View More
I filed for a temporary protective order today. There are no specific conditions mentioned in the order, and I have not been notified of any restrictions. Can I still purchase a firearm under these circumstances?
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answered on Feb 27, 2025
As the petitioner, you are not "subject to" the protective order for purposes of Virginia's gun laws. The prohibitions relate to the respondent you have filed against. You should be fine so long as nothing else disqualifies you from purchasing or possessing a firearm.
Is it illegal for a 13-year-old child to look at sexual images on a digital device in public, and what are the potential consequences for the child?
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answered on Feb 27, 2025
A very strict reading of the obscenity laws might make this a class 1 misdemeanor (for exhibiting obscene material), but in the case of a 13-year-old I would be very surprised if a petition were sought against the child. Even if a complaint were lodged, it might go through what's called a... View More
I made an unspecified violent threat to a telemarketer. This is my first incident of this nature, and I have not been contacted by law enforcement or any legal parties regarding this. Should I retain a lawyer, even though I have not been charged?
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answered on Feb 27, 2025
You can always retain a lawyer if you so choose. You could also just consult with a local lawyer to discuss your situation; many lawyers give free consultations. It's possible that the telemarketer is used to people being upset by his cold calls, or that there's no recording of the... View More
I am a non-violent offender and was sentenced to 2.5 years (30 months) in DOC. I had already served 15 months before sentencing. Upon sentencing, I received credit for those 15 months, leaving 15 months remaining. The DOC applied the 65% good time credit to the remaining 15 months rather than the... View More
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answered on Feb 13, 2025
The Department of Corrections should be contacted if you have concerns. They advertise that defendants may reach out to them with questions about time computation at:
Virginia Department of Corrections
ATTN: Correspondence Unit/Court & Legal Section
PO Box 26963... View More
I got a first offense petit larceny from Walmart for amount of 221.89 looking for help on my situation as I have summons to appear in court February 20th , I am terrified and wondering if I’m going to jail or am I able to do something to not good to jail
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answered on Feb 12, 2025
If you do not have any felony convictions, the judge is permitted in his or her discretion to defer your case for dismissal if certain conditions (e.g. payment of restitution, keeping the peace, etc.) are met. It's purely at the judge's discretion and so it will depend on the custom of... View More
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answered on Feb 12, 2025
Law enforcement officers have just as much right as any member of the public to knock on your front door, observe your house, and take photos from public areas. Search and seizure issues are extremely fact-specific. Whether there's a fourth amendment violation for an illegal search will depend... View More
Augusta County, VA- I stopped for the bus unloading kids going the opposite direction as me on a county 2-lane road (double yellow lines). It started moving as did the cars behind it (I was going opposite direction), so we got closer in distance then realized it was stopping AGAIN only a couple... View More
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answered on Feb 6, 2025
Under the circumstances, your response to the bus going back into motion was perfectly reasonable. Regardless, you stopped for the school bus as required as soon as you realized it had stopped for a second time. I see no violation.
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answered on Jan 21, 2025
To be eligible for an expungement, the charge must result in an acquittal, or a nolle prosequi, or be considered "otherwise dismissed" by the court. If you had a plea deal where the judge found that the evidence was sufficient for a conviction, but a guilty finding was withheld and your... View More
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