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Virginia Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law, Federal Crimes, Military Law and Gov & Administrative Law for Virginia on
Q: Is there a Law that requires U.S. Government (military bases) to posts signs informing you are entering there property?

Navy Exchange gas station located outside the military base. Norfolk Virginia. 1565 Mall Dr, Norfolk, VA 23511.

0 Answers | Asked in Criminal Law, Federal Crimes, Military Law and Gov & Administrative Law for Virginia on
Q: Is there a law that requires the federal government (military bases) to post signs that you are entering there land?

Naval Base Norfolk. The NEX gas station outside of base 1565 Mall Dr, Norfolk, VA 23511

0 Answers | Asked in Contracts, Criminal Law, Divorce and Family Law for Virginia on
Q: My roomate gave me a 30 day notice and then said nevermind and then put us in the backyard with no heat or water

My roomate started meeting guys and also she had them living there so we had to get out. So with servere problems that cause me to fall were out In a shed with no insulation no heat and no water and she will not allow us in the house.

0 Answers | Asked in Criminal Law for Virginia on
Q: Idaho criminal court - Notification of Rights form.

What does that question on the Notification of Rights form legally mean for a defendant when it asks if promises were made or I'd you were coerced?

1 Answer | Asked in Criminal Law for Virginia on
Q: Can someone with a nonviolent drug felony visit a home where the homeowner owns guns. In Virginia.

My nephew has a felony record for possession from a few years ago and was wanting to come visit me, but I am a gun owner and dont know if he is allowed to come and stay for a few days? I don't want to give up my firearm but don't want to get him in trouble.

Derek Allen Colvin
Derek Allen Colvin
answered on Jan 25, 2023

It is unlawful for a felon to be in possession of a firearm unless they have had their right to possess a firearm restored. Possession can be actual or constructive and is very fact specific. Actual is obvious, but constructive can be tricky. In court, the questions considered for constructive... Read more »

0 Answers | Asked in Criminal Law and Family Law for Virginia on
Q: My father passed away 12/31/2022. He left no will or power of attorney. I am his eldest daughter so next of kin. He does

Have another daughter whom he was never in contact with. I contacted the bank and through their survivorship department had them initiate an audit and they transferred the funds in his account to me. I did inform her he had another child but wasn't in contact with that child. Now my... Read more »

0 Answers | Asked in Criminal Law for Virginia on
Q: Supreme Court case that decides if the trial court has the authority to decide reinstatement of gun rights

This is for someone convicted of domestic assault

0 Answers | Asked in Criminal Law for Virginia on
Q: What conditions make an indictment defective?
0 Answers | Asked in Criminal Law, Construction Law, Education Law and Juvenile Law for Virginia on
Q: is it legal for a guidance counselor to force a child to call their parents while they are listening on speaker phone,

While not allowing the child to tell the parent they are on speaker phone. While telling the child what to say

1 Answer | Asked in Criminal Law for Virginia on
Q: I have an arraignment coming soon and I need to know what kind of bail I’ll get

I was set a bond when I was arrested and it was unsecured because I have no prior criminal record and I’m not violent or a flight risk.

Derek Allen Colvin
Derek Allen Colvin
answered on Dec 21, 2022

It sounds like you have already posted a bond and are scheduled for an arraignment. An arraignment is typically to determine if you have retained an attorney or need one to be appointed for you. You should not have a separate bond hearing unless the Commonwealth has filed a motion to revoke your... Read more »

1 Answer | Asked in Criminal Law and Immigration Law for Virginia on
Q: Can I lose my green card if I got it through my mother and she commits a crime (not immigration fraud)

My father and I got our green cards through my mother legally. If my mother commits a crime such as a larceny and gets deported, will my father and I lose our green cards as well since we got them through her? I'm not asking about an immigration crime , we got our green cards without any... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Dec 18, 2022

No, ‘unless’ either of you are accused of being a part of the criminal scheme. If so, you can be charged, indicted, arrested, and possibly convicted. That may get you deported!

If your mother is involved in a crime, you ‘do not’ have an affirmative responsibility to report her to...
Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: I’m charging with a 18.2-300 and I didn’t even touch the gun the plaintive was trying to take me away from my home

I have never been in trouble before ever.

Derek Allen Colvin
Derek Allen Colvin
answered on Dec 21, 2022

Virginia law criminalizes the possession of a sawed-off shotgun under Virginia Code Section 18.2-300. In Virginia, possession can be actual or constructive. You should consult with an attorney to discuss the facts of your particular case and any defenses you may have. Its not wise to post... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: What are the penalties in VA for defrauding an innkeeper if it is a misdemeanor?

i was unable to pay 750 dollar tab. I was inebriated and spent a lot of money both on the debit and credit card. I also withdrew a lot from the ATM. Because of this Navy Federal placed an alert on my accounts. I was unable to pay. I attempted to pay with credit card, debit card, attempted to... Read more »

Daniel P Leavitt
Daniel P Leavitt
answered on Nov 4, 2022

A class 1 misdemeanor carries a range of punishment of 0-12 months in jail and a fine of $0-2500 if you're found guilty. It does not seem like you had the intent to defraud so an attorney should be able to get this dismissed for you I would think.

1 Answer | Asked in Criminal Law, Personal Injury and Libel & Slander for Virginia on
Q: Can I get sued if I make a vlog and talk about being assaulted by a 7eleven manager?

I wanted to tell My story because it was such a bizarre day and I informed 7 eleven of the incident and they did nothing. The manager was never punished but he's aware there's a warrant out for assault and he's been avoiding the store or atheist he hasn't been caught. Is it... Read more »

Daniel P Leavitt
Daniel P Leavitt
answered on Oct 18, 2022

As a general rule you cannot really completely insulate yourself from being sued. You do protect yourself a bit to the extent you are being completely truthful about what happened and couch your language in opinion or to the best of your recollection and avoid inflammatory labels... stick to the... Read more »

1 Answer | Asked in Car Accidents, Criminal Law and Traffic Tickets for Virginia on
Q: If I caught charges while on probation but my probation term ends before I’m found guilty of anything can I get violated
Brian M. Latuga
PREMIUM
Brian M. Latuga
answered on Oct 12, 2022

Yes, probation violations may be brought after the period ends so long as the offense date was during the probation/ good behavior period. There are some exclusions due to time of filing, but typically the charge may be brought for up to one year after the end of probation.

1 Answer | Asked in Criminal Law for Virginia on
Q: Can law enforcement stop and board a 21ft boat to conduct a safety and license check, no additional probable cause.

Traveling across river in boat,not fishing, law enforcement stopped me for no reason, detained us, checked license and safety Equipment. Never consented to the stop, but I cooperated. Is it lawful or do they need consent.

Brian M. Latuga
PREMIUM
Brian M. Latuga
answered on Oct 1, 2022

Unless those officers are particularly limited by a local law, yes, it is generally lawful.

1 Answer | Asked in Criminal Law and Real Estate Law for Virginia on
Q: Illegal search and seizure?

My aunt and I own a home together. I live there. She never even goes there. She gave the police permission to search inside without my permission and opened the door for them when i wasnt there. Is this legal in virginia? This is my mailing address, I reside there. Not her. Was this illegal at all?... Read more »

Daniel P Leavitt
Daniel P Leavitt
answered on Sep 20, 2022

You say she is a part owner of the home, so it sounds like it is probably a good search. If you have a signed lease entitling you to sole possession and she has no right to possess/enter/inspect then maybe you have something to base that claim on but it seems unlikely.

1 Answer | Asked in Criminal Law for Virginia on
Q: If someone gave me stolen property and I got arrested then they died what will happen?
Daniel P Leavitt
Daniel P Leavitt
answered on Sep 18, 2022

18.2-108. Receiving, etc., stolen goods.

A. If any person buys or receives from another person, or aids in concealing, any stolen goods or other thing, knowing the same to have been stolen, he shall be deemed guilty of larceny thereof, and may be proceeded against, although the principal...
Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: A person has a 10 years sentence, 4 years - 6 months suspended, and 5 years probation. How time is actually served?
Daniel P Leavitt
Daniel P Leavitt
answered on Sep 15, 2022

I think the rule of thumb is to expect 85 percent. That's not a hard and fast rule I don't think but that's been my experience on felonies in Virginia. So if my math is right that should be about 4 years 8 months then subtract any time served... but I believe this can vary.

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