This will depend on a number of factors. These include, but are not limited to, the following: how comfortable you are testifying and presenting evidence in court, whether you feel like you have a legitimate chance of beating or reducing the charge as alleged and would prefer an experienced...View More
My spouse was involuntarily committed for mental health several years ago. He is planning to petition for restoration of his right. If he is denied, can I legally purchase a gun as long as I keep it in a biometric safe that he cannot access? Do I have any alternatives so that my right is not... View More
Your rights are not infringed by the statutes governing your spouse. That being said, you ought to take reasonable precautions to secure any firearms so that your possession of them is exclusive and is not a de facto possession by your spouse. It sounds like you are on the right track, both in...View More
Jail sentences are commonly imposed at speeds of 100 mph and higher. To improve your chances of a reduced penalty, you could consider performing community service at a charitable institution, proactively taking a driver safety course before the court date, have a calibration done on your...View More
I was arrested in a traffic stop my property was seized I went to trial was found innocent in my trial but never received any of my property back I have tried and tried to get a hold of the detective and so is my attorney with no result for I am out $800
I would recommend that you or (ideally) your lawyer reach out to the prosecutor who handled the case to inform them of your property issue. The prosecutor will be in a good position to contact the detective directly. In the alternative, try reaching out to the law enforcement agency itself. If the...View More
One state trooper followed me across town and watched me stop at the store then the state trooper who lives near me was waiting on me in his driveway as I drove by and pulled me over 100 yards from my house. When he came to my window he said the reason he pulled me over was because I stopped at the... View More
The Code of Virginia limits the use of vehicles displaying antique tags to such activities as driving to test the operation of the vehicle, to drive to and from shows, and for occasional pleasure driving. The Code states that vehicles using antique plates shall not be used for "general...View More
The Firearms Purchase Elligibility Test on the Virgina State Police website states that: A person who answers “yes” to any of the below questions may be prohibited from purchasing or possessing a firearm pursuant to state and/or federal law.........Are you an unlawful user of, or addicted to,... View More
A DUI conviction alone should not flag you as such a person, as alcohol use by adults 21 years of age or older is not inherently illegal. The gravamen of a DUI offense is impaired driving, not the drinking itself. A DUI also does not necessarily indicate an addiction. Furthermore, alcohol is not...View More
Juvenile traffic case policies are very much dependent on the local judge's preferred way of handling them. Although the ultimate goal of the juvenile court system is rehabilitation rather than punishment, that does not necessarily mean that the judges will impose light penalties (as they also...View More
The situation you have described is not uncommon. The cooperation of the alleged victim in a domestic violence case isn't always necessary; not "wanting legal action" does not prevent the prosecutor from calling the alleged victim as a witness at trial. In some cases where no helpful...View More
Do to my crippling anxiety, I’m scared to leave my house. I bought a gun so I would feel safe. My mom doesn’t allow guns in the house so I keep it in my car. I drove to Virginia. While there my car broke. My boyfriend was helping me get it fixed. I had the gun on the seat because I don’t have... View More
Although your boyfriend does not have to be the owner of the vehicle or of the firearm in order to be charged and possibly convicted of the offense, your explanation does present a possible defense or at least mitigation of the offense. Your explanation, copies of records (if available) of your...View More
Standard (commonly referred to as "model") jury instructions are typically used in criminal jury trials in Virginia. In my experience, the model jury instruction covering inconsistent prior statements of a witness will advise the jury that the purpose of any prior statement of the witness...View More
Yes, if the offense was committed on or after January 1, 1995, they are eligible for sentence credits even with a 2nd degree murder conviction. A maximum of 4.5 sentence credits may be earned for each 30 days served on a sentence for a 2nd degree murder conviction.
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