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Virginia Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Virginia on
Q: Under current law, if a loved one is convicted of second degree murder, do they qualify for earned time credits?

With many changes and court hearings pertaining to the credits currently, we’re confused as to what if any credits he may qualify for.

Brian M. Latuga
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Brian M. Latuga
answered on Nov 28, 2023

They should qualify for the 85%/86% credit unless it’s a very old offense where parole applies.

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2 Answers | Asked in Criminal Law, Constitutional Law and Health Care Law for Virginia on
Q: How are a spouse's gun rights affected by involuntary detention for mental health?

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

David G. Parker
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answered on Nov 27, 2023

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

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2 Answers | Asked in Criminal Law for Virginia on
Q: How do I get seized money from an arrest that I was found not guilty of

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

and a cell phone that is on my... View More

David G. Parker
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answered on Nov 27, 2023

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

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1 Answer | Asked in Constitutional Law and Criminal Law for Virginia on
Q: In VA, is it legal for a person 18-20 years old to conceal carry a pistol/handgun in this specific situation?

I understand that in Virginia, a person must be 21yo to obtain a Concealed Carry Permit. However, if someone over 21yo with a VA Concealed Carry Permit gifts a pistol to their wife/girlfriend who is 18-21yo, can the wife legally conceal carry that pistol at her place of business if the property... View More

James L. Arrasmith
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answered on Nov 18, 2023

In Virginia, the law regarding concealed carry is clear that individuals must be at least 21 years old to obtain a Concealed Carry Permit. Without such a permit, a person aged 18-20 cannot legally carry a concealed handgun in public places or at their place of employment, even if it's private... View More

0 Answers | Asked in Employment Law, Small Claims and Criminal Law for Virginia on
Q: An employee used reward points from a company credit card account to redeem gift cards for personal use.

There is nothing in the handbook that talks about reward points and it seems the employer didn’t even know about them. The employer is talking about pressing charges. What grounds do they have in regards to filing charges?

0 Answers | Asked in Libel & Slander and Criminal Law for Virginia on
Q: there was perjury in my case, on record which led to my wrongful conviction. with no evidence. help!

I was charged with felony B&E,and sexual assault. the sexual assault charge was dropped, but the d.a. still used it , and a witness who had previously perjured the court ,gave false and inconsistent statements to police , and the d.a. did nothing about it. I am deeply saddened, not only for my... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: How do I obtain the original case number for a federal criminal case
T. Augustus Claus
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answered on Oct 26, 2023

In Virginia, to obtain the original case number for a federal criminal case, contact the Clerk of Court's office for the relevant federal district where the case was filed. Provide any available case details and be prepared to pay any associated fees if required. In some cases, you may need to... View More

2 Answers | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for Virginia on
Q: I have filed a VA state civil case. I am being stonewalled! At this point...I would like to file it; in federal court.
T. Augustus Claus
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answered on Oct 23, 2023

If you're facing challenges with a civil case in Virginia and are considering moving it to federal court, it's essential to determine whether your case qualifies for federal jurisdiction. To do this, you'll need to file a removal petition, outlining the reasons for the transfer and... View More

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1 Answer | Asked in Constitutional Law and Criminal Law for Virginia on
Q: If I get arrest and in jail and the police are searching my house with a warrant. Should I give them the code to a safe?

Or would giving them the code show that I’m aware of what’s in the safe and be used against me? Also should police even be asking me for the code since I’m already in jail and haven’t read me my rights?

James L. Arrasmith
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answered on Oct 15, 2023

While the police may ask for the code to the safe during a lawful search, you have the right to remain silent and consult with an attorney. It's crucial to seek legal counsel to make informed decisions that protect your rights and interests.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Virginia on
Q: Passenger of car pulled over but no charges pressed can they search passengers and arrest for drug possession?

I was a passenger in a car that was pulled for theft but not reported stolen, owner was reported missing by his father, can the police legally search and/or detain thepassengers or occupants of vehicle and charge the passengers or honestly, could be said to be abducted occupants who were forcefully... View More

James L. Arrasmith
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answered on Oct 15, 2023

In general, if the police have probable cause to believe there is evidence of a crime in a vehicle, they can search the vehicle without a warrant. This can include searching areas accessible to passengers. However, simply being a passenger in a vehicle doesn't automatically give police the... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Can I be charged in VA with possession of firearm just because people say they saw me with one

How can I get ammunition while convicted felon charge dropped if possible

John Michael Frick
John Michael Frick
answered on Sep 17, 2023

Yes it is very common to be charged with and convicted of a crime based on eyewitness testimony.

1 Answer | Asked in Criminal Law for Virginia on
Q: How long does the district attorney have to direct indict after Nolle prosequi in Virginia

After being charged with multiple misdemeanor shoplifting charges and refusing to take a plea resulting in jail time The prosecutor which was also the district attorney proceeded to Nolle prosequi the case with possibility of direct indictment. How long is the statute of limitation for the DA to... View More

Faraji A. Rosenthall
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Faraji A. Rosenthall
answered on Sep 15, 2023

They have 12 months from the alleged date of offense to indict a misdemeanor.

1 Answer | Asked in Personal Injury and Criminal Law for Virginia on
Q: Can charges be filed against a clerk of the court for releasing the residential address of a malicious wounding victim?

Victim's personal info released to culprit via postal mail.

T. Augustus Claus
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answered on Sep 1, 2023

n many jurisdictions, clerks of the court and court personnel are responsible for handling sensitive information and maintaining the confidentiality of individuals involved in legal proceedings, including victims of crimes. If a clerk of the court were to release a victim's residential address... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Can a judge during jury instruction tell the jury that previous witness statements that contradict the testimony during

Trial can not be taken into consideration? That the jury can not consider if a witness is truthful be entered into their decision? They may only go with what was spoken at trial?

David G. Parker
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answered on Sep 6, 2023

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

1 Answer | Asked in Criminal Law for Virginia on
Q: I made a big mistake leaving my gun in my car, now my boyfriend is going to jail for many years. What can I do?

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

David G. Parker
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answered on Sep 6, 2023

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

1 Answer | Asked in Domestic Violence and Criminal Law for Virginia on
Q: If a family member calls the police on you in a heated argument and domestic assault becomes a charge

without them wanting legal action, what is typically the result of this?

David G. Parker
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answered on Sep 6, 2023

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

1 Answer | Asked in Criminal Law and Immigration Law for Virginia on
Q: Hi, Will my 2 misdemeanors present a problem with me vacationing / immigrating to Mexico?

Hi,

I am an American Citizen that plead guilty to 2 misdemeanor charges in August of 2014:

DWI, 1ST , Misdemeanor

DRUGS: POSSESS SCH I OR II, Misdemeanor

I completed a 6 week rehab program and since then have not even received a parking ticket. I have no other... View More

James L. Arrasmith
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answered on Sep 3, 2023

While I can offer legal perspectives based on U.S. law, I cannot guarantee how Mexican authorities will treat your entry given your misdemeanor convictions. Being transparent and following Mexico's entry requirements will be crucial. If you encounter issues, it would be best to consult the... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Immigration Law for Virginia on
Q: Hi, Will my 2 misdemeanors present a problem with me vacationing in Mexico?

Hi,

I am an American Citizen that plead guilty to 2 misdemeanor charges in August of 2014:

DWI, 1ST , Misdemeanor

DRUGS: POSSESS SCH I OR II, Misdemeanor

I completed a 6 week rehab program and since then have not even received a parking ticket. I have no other... View More

James L. Arrasmith
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answered on Sep 3, 2023

Mexico generally allows U.S. tourists to enter without a criminal background check for short visits, but it is within the discretion of the border agents to allow or disallow entry. To minimize issues, make sure you have all required documentation in order, including a valid U.S. passport. If you... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: My lab results from my drug analysis wasn't signed off by forensic

Can i beat my case

Jessica Greenberg
Jessica Greenberg
answered on Aug 15, 2023

There is a very slight possibility that you could use this to get the case dismissed. However, it is likely still possible for the prosecutor to bring the original forensic scientist into court to clear up that issue. It will depend on if the judge considers it a curable error (most errors are... View More

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