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Virginia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Virginia on
Q: Non violent 2nd degree burglary charge that has been expunged in south carolina, can I possess an antique firearm in va?
David G. Parker
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answered on Oct 31, 2024

Merely having been accused of something that has since been expunged should not disqualify you from possessing, purchasing, or transporting a firearm in Virginia. If you had received a felony conviction, you would want to get your firearm rights restored before attempting to possess or purchase an... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Trying to obtain transcript of a specific court date in PW County Virginia criminal court case in which I was the victim

No transcripts were received with my FOIA request from the court. The company who has the transcript quoted cost of $600. As the victim in this case, are any options available to obtain a copy for free?

I later sent this to the court:"Virginia Law § 19.2-165,The reporter or other... View More

David G. Parker
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answered on Oct 30, 2024

Unfortunately, FOIA involves the requesting party having to pay for the reasonable costs of production. Additionally, the statute you cite includes the following language: "Upon the request of any counsel of record, or of any party not represented by counsel, and upon payment of the reasonable... View More

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1 Answer | Asked in Criminal Law and Employment Law for Virginia on
Q: Will my Sterling background check include a pubic intoxication that was nolle prosequi dismissed?
Daniel P Leavitt
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answered on Oct 22, 2024

Generally a charge is either nolle prossed (decline to prosecute) or dismissed. Those often do show up on background checks. You can likely get the record expunged depending on how it precisely was dismissed or dropped... sometimes you cannot expunge them. You might want to find out if you can get... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I was detained at Walmart and given a court date for 10/28 (arraignment). Is there additional charges against me?

I mis scanned a few items during self checkout ($40 worth) I was stop by a guy and told to go in the security room. He checked my receipt and saw I had mis scanned a few items and asked why? I told him I was in a rush and it wasn’t intentional. He asked if I had my id which I didn’t because I... View More

Daniel P Leavitt
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answered on Oct 20, 2024

Yes they are trying to build a case against you. That's why they were asking you questions. You can expect that they will review any prior visits to that store. I've seen clients go from one charge to 11 charges. So if you have a history of doing this then I think more charges might come... View More

1 Answer | Asked in Bankruptcy, Consumer Law, Criminal Law and Immigration Law for Virginia on
Q: Credit card debt. Is the case active as per the case details below?

Credit card maxed out by doing balance transfer amount is 4000$.

left USA as wife lost the job.

I was using the same credit card for 3 years in the past.

Warrant in debt filed after 3 years I left the country.

Hearing happened the same year but I was not in the... View More

James L. Arrasmith
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answered on Oct 16, 2024

Based on the information you provided, it appears that your case is no longer active. The judgment stating "case dismissed" and "judgment vacated" typically means that the court has closed the case in your favor. Since it's been over ten years and the case has been... View More

3 Answers | Asked in Bankruptcy, Consumer Law, Criminal Law and Immigration Law for Virginia on
Q: what should be done to avoid criminal proceedings or any other proceeding for credit debt default judgement ?

Credit card maxed out by doing balance transfer amount is 4000$

I was using the same credit card for 3 years in the past

I have moved out of USA as wife lost job

Warrant in debt filed after 3 years I left the country

Hearing happened the same year but I was not in... View More

Martha Warriner Jarrett
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answered on Oct 15, 2024

From the facts that you give, it is likely that the statute of limitations has expired and that the creditor can no longer collect on any debt. However, if the creditor got a judgment against you, because you didn't appear, then the judgment may still be valid and collectible if and when they... View More

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1 Answer | Asked in Criminal Law, Personal Injury and Health Care Law for Virginia on
Q: I recently found out that I had a surgical procedure performed by an unlicensed individual, can I initiate a lawsuit?

I had a hair transplant procedure at Virginia Surgical Center in Virginia Beach. They’ve been exposed recently for performing unlicensed surgical procedures. I was not aware at the time of my procedure that these individuals lacked medical education, training, and licensure.

I am... View More

David G. Parker
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answered on Oct 17, 2024

I recommend that you consult with a lawyer who handles plaintiffs' work in the Virginia Beach area. Make sure that you preserve all evidence (photos, etc.) of these issues, as well as of your medical appointment itself (bills, etc.). There's no shortage of firms handling such work. You... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: We were pulled over because the bed of the truck was primer gray , different then title . Didn't ticket . But asked to

Search truck was told no . Then brought I. A dog , no tickets for the reason they stopped us. Is that legal

Daniel P Leavitt
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answered on Oct 12, 2024

If you are lawfully pulled over they can extend a lawful stop for a time to run dogs around the car.

I'm not certain based on what you told me that the stop was indeed lawful. It doesn't take much, but I think it might take more than that. I'm not sure how they would try to...
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1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Virginia on
Q: Can a circuit court judge force a defendant to cease taking prescribed medications

I am on probation and have been using marijuana for many mental health issues and was prescribed medical marijuana but the court order says that I cannot use marijuana period. Is that a violation of an amendment right or something?

James L. Arrasmith
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answered on Oct 9, 2024

A circuit court judge has the authority to set conditions for probation, which can include restrictions on substance use. Even if you have a prescription for medical marijuana, the court may prohibit its use if it conflicts with the terms of your probation. Violating these conditions can result in... View More

2 Answers | Asked in Criminal Law for Virginia on
Q: How do you get rid of a court appointed attorney and hire your own if you're feeling you're being misrepresented
Daniel P Leavitt
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answered on Sep 28, 2024

You just contact the attorney you want. You pay them the money to hire them. Then they will substitute into the case.

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1 Answer | Asked in Criminal Law for Virginia on
Q: I have Ben accused of a concealment charge and I have a prior charge of peace and good behavior with 5 years hanging

Public def wants to settle on 30 days suspended but this will violate peace and good behavior what can I do

David G. Parker
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answered on Oct 4, 2024

Explain the circumstances of that other case to your lawyer. They should hopefully be able to give you advice on how a plea on the current charge could affect a good behavior violation. If the potential good behavior violation is in the same jurisdiction, sometimes the prosecutor could agree not to... View More

1 Answer | Asked in Contracts, Criminal Law, Civil Litigation and Small Claims for Virginia on
Q: Does a dollar value have to be added to a Warrant in Detinue, if I do not want money?

I'm needing to file a warrant in detinue for the return of my cat. Is it true that in small claims the dollar value is limited at $5000? and what if I do not want to give the person the option to pay $5000 and keep my cat. The only thing I want back is the alive living cat, not money to... View More

Brian M. Latuga
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Brian M. Latuga
answered on Sep 28, 2024

You’d want to file an action in Detinue, not a warrant in debt. The detinue action is for return of personal property.

2 Answers | Asked in Civil Rights, Federal Crimes and Criminal Law for Virginia on
Q: will convictions of felony eluding (5 yrs. old) and Grand Larceny (7 yrs. old) prevent me from being certified in va

I'm a convicted felon and just enrolled into college studying (BA) Psychology. I want to become a substance abuse counselor.

David G. Parker
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answered on Sep 24, 2024

The Virginia Board of Counseling seems to have broad discretion on certification decisions. There does not appear to be any conviction that would act as an automatic bar to certification. Each candidate appears to be evaluated on a case-by-case basis. For more information, the Board of Counseling... View More

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1 Answer | Asked in Criminal Law and Sexual Harassment for Virginia on
Q: My 21 year old daughter just told me that when she was in 5th grade a teacher did some very inappropriate things.

He was dismissed from the school bc of another incident. What to do

David G. Parker
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answered on Sep 23, 2024

There is no statute of limitations on felony offenses in Virginia. I obviously do not know what specifics act(s) your daughter is alleging, but a felony offense could potentially be prosecuted even after more than a decade. If your daughter suspects a crime happened and wishes to report it, she... View More

1 Answer | Asked in Criminal Law and Wrongful Death for Virginia on
Q: I believe my Aunt was murdered and her case was ruled a suicide. What can I do? Can I get access to any evidence?

Multiple stabs wounds

David G. Parker
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answered on Sep 22, 2024

I would recommend first that you attempt to meet with the Commonwealth's Attorney for the jurisdiction where this happened. Such a meeting would give you an opportunity to voice your concerns about the investigation and possibly get some answers from the lead prosecutor as to why no criminal... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Will it be possible to reopen a felony case from 1991 in Fairfax Co for the purpose of reducing it to misdemeanor? Thx

Will a sealed conviction need to be disclosed on an immigration application?

David G. Parker
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answered on Sep 17, 2024

Not likely; Rule 1:1 of the Rules of the Supreme Court of Virginia states that the conviction and sentencing order in your criminal case has long since been made final.

There is, however, a new law that should come into effect next year that may allow you to petition to have your felony...
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1 Answer | Asked in Criminal Law for Virginia on
Q: I was charged with 7 misdemeanors and they are written up wrong. I haven’t turned myself in should I since they are look

I took about $100 worth of items from a car. I gave the items back to the officer so they got their stuff back. The officer specifically told me that she seen the video and had a list of the missing items which she lied and did not and coerced me into telling her I did it and threatened me and my... View More

David G. Parker
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answered on Sep 15, 2024

If you have been charged with an offense it is always better to turn yourself in rather to be arrested at an inopportune time by an officer. I recommend doing so early in the work week so that if for some reason the magistrate holds you without bond you won't sit around all weekend in the... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: Volunteer hours, are they additional or in total?

I completed 10 hours of community service between May 1st and 18th. I brought this to the judge on May 30th. The judge assigned me 20 hours of community service. Do I need to do 10 additional hours or 20 in total?

David G. Parker
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answered on Sep 15, 2024

Without being there I couldn't tell you. I recommend calling the clerk's office for the court in question and asking if there are any notes on your warrant or summons that indicate what the judge wanted. At the very least, you can tell the judge you double-checked with the clerk's if... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I feel that my fiance public defender doesn't want to fight zealously put forth any effort. What can we do

My fiance is incarcerated we have zero income now,, he is charged with enter structure, poss. Of burglary tools,

petite larceny. Accused of these crimes because fiancee vehicle license plate was seen on flock camera in the area , vehicle matching description was seen on camera a block... View More

Daniel P Leavitt
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answered on Sep 13, 2024

Unfortunately you generally can get court appointed/public defender or retain an attorney you choose. The standard is not extremely high and most court appointed attorneys and public defenders meet that minimum level. But if you're not happy you would likely need to hire an attorney. If... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I haven’t contacted my probation officer since march bc i was scared but i haven’t violated my probation what do i do?

I was out on probation for shoplifting alcohol at college. my probation officer said i only needed to come to a few meetings since i would be leaving to go back home in a month. I went to 2 then slept through the 3rd and she called me wanting to reschedule but i never contacted her because i was... View More

David G. Parker
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answered on Aug 14, 2024

The best thing you can do is to contact your probation officer as soon as possible. Probation officers have discretion on whether to report a violation to the trial court and so it is in your best interest to re-establish contact. With any luck, you can smooth things over with your probation... View More

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