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Virginia Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law, Domestic Violence, Civil Litigation and Civil Rights for Virginia on
Q: Can my boyfriend sue for false accusations and delayed release in jail?

My boyfriend was falsely accused of abuse, and a colleague provided a false statement, though I denied the allegations. He was charged with simple assault and DUI and was held in jail even after being told of his release by a judge due to a 24-hour delay in processing his release papers. There were... View More

2 Answers | Asked in Criminal Law, Domestic Violence and DUI / DWI for Virginia on
Q: How to resolve jail release delay after false abuse accusation and charges?

My boyfriend was falsely accused of abuse. A colleague called the police and gave a false statement, but I denied the allegations. However, he was still taken into custody. He was charged with simple assault (secured bond) and a DUI (unsecured bond). Despite seeing a judge and being told of his... View More

Daniel P Leavitt
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answered on Feb 15, 2025

If he has a bond then they have to let you bond him out. It stinks that it's on the weekend and it's a holiday weekend. So the courts are closed.

I've had the jail blame the court before and say they don't have the proper paperwork from the court. If that's truly...
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1 Answer | Asked in Employment Law and Criminal Law for Virginia on
Q: What should I do if HR alleges I stole food based on video evidence in Virginia?

I received a call from HR stating that they have videos of me allegedly stealing food from the cafeteria. They mentioned the incident happened 8 times over the last couple of months. I haven't been formally accused yet but was asked if I recall it happening. I haven't reviewed the videos,... View More

Amy McMullen Harber
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answered on Feb 14, 2025

Consuming food, supplies, or other resources belonging to your employer without authorization could be considered embezzlement in Virginia. It is best to consult with a criminal defense and/or employment attorney about the options available to you based on the terms of your employment & how the... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Arrested with spouse after undetermined aggressor, signed EPO, seeking case dismissal in Virginia.

I was arrested along with my spouse because the police couldn't determine an aggressor during an incident. We both signed an Emergency Protective Order (EPO). We have a court date after the EPO expires, and my spouse and I plan to settle our differences before then. There are no anticipated... View More

Daniel P Leavitt
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answered on Feb 13, 2025

Generally domestic assault and battery cases are determined by what evidence there is and how the prosecutor decides to proceed. Any statements you and/or your husband made are admissible against yourselves. I had had cases where the other spouse doesn't want to proceed but the prosecutor... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Is the sentence credit calculated correctly for my 30-month DOC sentence?

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

David G. Parker
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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...
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2 Answers | Asked in Criminal Law for Virginia on
Q: First offense petit larceny

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

David G. Parker
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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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1 Answer | Asked in Criminal Law and Uncategorized for Virginia on
Q: Hi, This is 4 a Friend who is doing 99 yrs + life on horrific charges that He absolutely didn't commit.

Or was He giving a Attorney that did His Job! And whenever asked 4 a new attorney & trial was denied. There is footage of the crime & the real asalants. Witch wasn't looked into & a eye witnesses suspended & not called. Production withheld evidence. Witnesses was caught lieing... View More

Daniel P Leavitt
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answered on Feb 10, 2025

I didn't see a question posted. Seems like it was a disputed case. If you're looking for review you would want to consult with an appellate attorney.

0 Answers | Asked in Criminal Law for Virginia on
Q: I need to knw if a police officer can charge me with something but leave my other stuff behind

I got charged with a meth pipe that was it he took me to jail over a possession witch I didn’t have no drugs he didn’t test it or anything but I had pills that wasn’t mine and insulin needles with stuff loaded in it and they had my boyfriend in handcuffs while I was at a friend and I walked... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I need to knw if a police officer can charge me with something but leave my other stuff behind

I got charged with a meth pipe that was it he took me to jail over a possession witch I didn’t have no drugs he didn’t test it or anything but I had pills that wasn’t mine and insulin needles with stuff loaded in it and they had my boyfriend in handcuffs while I was at a friend and I walked... View More

Daniel P Leavitt
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answered on Feb 9, 2025

You can be charged for any offense that is a violation of law where the officer has probable cause to believe you committed. The officer has to have jurisdiction where the alleged offense occurred.

If somebody else committed a different violation for which they didn't get charged, it...
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2 Answers | Asked in Traffic Tickets, Criminal Law and Civil Litigation for Virginia on
Q: Will I get a ticket (or worse?) for stopping too close to a school bus because I didn't realize it was stopping twice?

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

David G. Parker
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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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2 Answers | Asked in Criminal Law, Traffic Tickets and Civil Rights for Virginia on
Q: Case has nothing to do mother zero anything. , judge places stipulations she can't bond him out. Is this illegal?

I'm talking no involvement what so ever. Wasn't at her residence, she didn't know anything that allegedly occured has zero involvement, she didn't provide anyone anything she didn't have anything at all to do with the case what so ever in literally any capacity. They just... View More

Daniel P Leavitt
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answered on Feb 4, 2025

I would guess someone misunderstood what the judge did. The judge can decide whether or not to even give a bond, they can put no contact conditions etc. I would imagine someone here misunderstood what the judge actually did.

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Virginia on
Q: Why would a lawyer refuse to file a motion for a bond hearing?

Friend was arrested 2 weeks ago, there is nothing preventing the bond hearing other than the lawyer saying his schedule is so tight that he can't schedule a hearing with the court until the 13th, which is the defendant court date. I even asked if he could refer me to another lawyer just for... View More

James L. Arrasmith
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answered on Feb 2, 2025

It’s frustrating when a lawyer doesn’t make a bond hearing a priority, especially when someone has already been sitting in jail for two weeks. While court schedules and attorney workloads can sometimes cause delays, a defendant has the right to a timely bond hearing. If the lawyer refuses to... View More

2 Answers | Asked in Criminal Law for Virginia on
Q: can you expunge a class 6 felony in va if you had a plea deal for 2 years probation. Completed then case dismissed?
David G. Parker
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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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1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Virginia on
Q: How to prove Retaliation from the sheriffs department. I was on someone’s property eating lunch and the sheriffs let me

Came to the property asked me what I was doing I told him I was eating lunch and they let me go home and they said don’t come back up there or it was trespassing. After that another incident occurred so I called and made a complaint about how and Officer was treating me and less then three days... View More

James L. Arrasmith
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answered on Jan 21, 2025

To help prove retaliation, you'll need to document clear evidence showing the timeline between your complaint and their sudden change in enforcement. Start gathering any records of the initial interaction, including the date, time, and names of the officers who first let you leave without... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: How do I get a bond hearing for my boyfriend

Michael Jason Gibson Fail to appear no bond need bond hearing court appointed lawyer Joe Kincaid

Daniel P Leavitt
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answered on Jan 18, 2025

His court appointed attorney will do that. Contact him to see when. Or you can retain an attorney and they will request a bond

1 Answer | Asked in Criminal Law for Virginia on
Q: My boyfriend is a violent felon his felony is 6 years old is he still eligible for the 2 year minimum?

He got a gun charge the found the gun in the glove box of a car he was driving. Is it likely he will get bond at circuit court?

David G. Parker
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answered on Jan 17, 2025

Violent felons in possession of a firearm can be subject to a five-year mandatory minimum prison sentence. A felony possessing or transporting a firearm with a felony conviction within the past ten years is subject to a 2-year mandatory minimum prison sentence. So either penalty could be a... View More

1 Answer | Asked in Criminal Law, Family Law, Animal / Dog Law and Personal Injury for Virginia on
Q: How to dismiss cases that are discriminatory against me with blatant proof of false accusations & malicious prosecution
Amy McMullen Harber
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answered on Feb 10, 2025

If the cases are criminal in nature, you should hire counsel to represent you on those charges & prevent that information to him or her. That person will best advise you as how you can use that information to your advantage. You can request a public defender through the court you’re charged... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: If a sheriff deputy want to interview you because there is an accusation against you, do you need a lawyer present?
Faraji A. Rosenthall
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Faraji A. Rosenthall
answered on Jan 10, 2025

Yes, it better yet don't talk to them at all. Anything they say can and will be used against you. They can lie or trick you to get you to confess. You may not even know what the accusation is. They aren't asking because they want to hear your side, they are asking because they want to get... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Speedy trail and rights to get a fast court date and not be held

And is it possible to get a court appointment lawyer before you go to court

David G. Parker
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answered on Jan 5, 2025

There is constitutional speedy trial (which depends on the circumstances of your case) and statutory speedy trial. Statutory speedy trial kicks in once a felony charge has been certified by the grand jury. The government has five months (if the defendant is held in custody) or nine months (if the... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Juvenile Law for Virginia on
Q: I’m on good behavior in a different county will a Fta misdemeanor cause me to violate

The good behavior is for two felonies POs. Of scheduled 1 or 2 on my juvenile record I caught the charges at 16 charges with them fully at 19 I was give 2 year 2 years suspended one year good behavior my new pending charge is a shoplifting misdemeanor for 10 dollar sunglasses and I accidentally... View More

David G. Parker
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answered on Jan 5, 2025

Good behavior violations are not governed by sentencing revocation report guidelines. If you were still under a term of good behavior when you committed a new violation of law, it's possible that you will face a good behavior violation on your old case. But not all good behavior violations are... View More

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