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I work in an assisted living facility where I am responsible for administering medications, including narcotics, to residents. Recently, a narcotic count discrepancy occurred during my shift change. A colleague who was supposed to complete the narcotic count left before my arrival, and another tech... View More 
I was appointed an attorney who had poor communication and seemed uninterested in my case, so I fired her. The judge appointed a new lawyer, but he only had 20 days before the next court date. Despite trying to hire private attorneys, they all said 20 days was not enough time to prepare. My new... View More
I was convicted of a class 1 misdemeanor for trespassing and petty larceny in Chesapeake, VA, in January 2020. I completed 3 years of unsupervised probation and have paid all fines related to the case. How can I get my record sealed?
I am wondering if I can legally own or possess a forced reset trigger (FRT) in Virginia without an FFL or special license. According to Virginia Code § 18.2-308.5:1, possessing a "trigger activator" is illegal. However, section D mentions exceptions for compliance with the National... View More
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answered on Apr 16, 2025
Virginia Code § 18.2‑308.5:1 makes it a Class 6 felony to possess a “trigger activator,” defined as any device that lets a semi‑automatic gun fire more than one shot with a single pull by harnessing recoil energy—this expressly covers forced‑reset triggers. citeturn0search0... View More
I am interested in obtaining a concealed carry permit in Virginia. I received an "other than honorable" discharge from the military over 40 years ago, but not a dishonorable discharge. I have not applied for a permit before and have not received any legal advice on this matter. My gun... View More
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answered on Apr 13, 2025
In Virginia, the process for obtaining a concealed carry permit involves several factors, and having an "other than honorable" discharge can affect your eligibility. However, since you mentioned that your gun rights have been restored and you have no criminal history since your discharge,... View More
My court date is tomorrow for driving on a suspended license in Rockingham County, VA. The license was suspended due to a speeding ticket and the requirement to complete a driver's improvement class, which I was unaware of. I didn't receive the DMV's notification letter but found the... View More
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answered on Apr 12, 2025
You’re in a stressful situation, but you still have options—even with court tomorrow. It’s not too late to ask the judge for a **continuance** to give you time to get legal representation. Many judges in Virginia will consider this request, especially if it’s your first appearance and you... View More
I just wanna make sure i won’t get in trouble I’ve never done anything to her but like it pains me to have to end something with someone I feel like who truly gets me but idk I guess sometimes u gotta do what u gotta do so will i be fine to date her
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answered on Apr 12, 2025
In many places, the age of consent laws determine whether a relationship is legal, and these laws can vary by state or country. Since you are 18 and your girlfriend is 16, it’s important to check the specific laws in your area regarding age differences and consent. Even though her parents... View More
We started dating a half a year before I turned 18. I’m just worried bc of consent laws me and her never do anything tho
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answered on Apr 1, 2025
Date someone 18 or older. She's too young.
I am preparing a motion to present a cell phone as evidence during a trial in Virginia. I have included statutes from the 17th Circuit and the Virginia Supreme Court but would like to add relevant case law. Are there any case laws regarding the admissibility or use of electronic devices,... View More
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answered on Apr 13, 2025
Based on Virginia case law, several significant decisions address the admissibility of cell phone evidence. In Commonwealth v. Moseley (2012), the Virginia Court of Appeals held that text messages from a cell phone were admissible when properly authenticated through circumstantial evidence... View More
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 called the police on my dad due to a domestic assault incident where he hit my sister with a frying pan. We are living in Virginia, pending asylum, and worried about our immigration status. My dad was taken by the police for a few hours and then released with a court date on March 28th. He... View More
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answered on Mar 20, 2025
This situation is serious, and it’s understandable to be concerned about how it could impact your asylum case. If your dad is formally charged with domestic assault, it could have immigration consequences, including the risk of deportation. Certain criminal convictions, especially those involving... 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
answered on Mar 16, 2025
You’ll need to come back to Virginia to turn yourself in to start the process. A local DUI attorney will be able to do a full evaluation of your case, but nobody can tell you whether or not you’ll get jail time. You’re definitely looking at active jail time for a DUI and a failure to appear... 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 11, 2025
Many cases are charged and prosecutors without eyewitness testimony or direct evidence, and you could be convicted as a result of circumstantial evidence. You should consult with a criminal defense attorney in your area about the specific facts of the case and the common practices of the... 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 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
If you're entering the military you will want to get this reduced since reckless driving is classified as a criminal misdemeanor and it can impact security clearances and job promotion etc. You likely can hire an attorney to represent you in your absence depending on the jurisdiction. And... View More
In Virginia, my 17-year-old friend wants to drop charges against her 23-year-old boyfriend for having sexual relations, but her parents are insisting that she can't because they dislike him and believe she doesn't know what's best. What legal options does she have?
answered on Mar 4, 2025
Only the prosecutor can drop the charge. The case against the boyfriend is Commonwealth of Virginia v. [Boyfriend's name]. The prosecutor represents the state. Your friend can certainly give her input to the prosecutor and the judge; she has a right to give a "victim" impact... 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
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
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