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Virginia Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Virginia on
Q: I had a vehicle towed to a property to get it fixed I tried to remove the vehicle may 10th

The property owner refused to let the tow truck driver on the property then someone at that residence had my vehicle towed and scrapped without my permission does this constitute auto theft in Virginia

0 Answers | Asked in Criminal Law for Virginia on
Q: In Va what’s the laws regarding a person convicted and is a level 3 offender and has to register being around children

A person who is a level 3 offender and has to be on the sex offender registry their actual charge was murder of a baby under 2yrars old but my question is what is the law in regards to them being around other children?

0 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Virginia on
Q: Is gun prohibition in a New Jersey restraining order (civil case only) enforced in West Virginia? I'm moving there soon.

I have NO criminal record. I'm moving from New Jersey to West Virginia soon to retire there and want to do some deer hunting and get a hand gun for home protection too. My ex wife in NJ got a restraining order against me in a divorce action (civil case) about two decades ago. Will I pass a... View More

0 Answers | Asked in Criminal Law and Legal Malpractice for Virginia on
Q: Can a personal injury lawyer represent a criminal case legally in the state of West Virginia?

I am being charged with possession with intent to deliver m e t h. Conspiracy and I waved my preliminary come to find out my lawyer only practices and personal injury cases but was still appointed to me by the courts

1 Answer | Asked in Criminal Law and Civil Rights for Virginia on
Q: How long does the state have to get you to court on Preliminary hearing on felony charges
David G. Parker
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answered on May 14, 2024

There is no statutory limitation governing the time it takes for the Commonwealth of Virginia to go forward with a preliminary hearing; however, the Code does regulate the timeline for trials once a felony case makes its way to the Circuit Court for trial.

That being said, a judge of a...
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1 Answer | Asked in Criminal Law for Virginia on
Q: How long does the state have to get you to court on Preliminary hearing on felony charges

First preliminary hearing was continued

Brian M. Latuga
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Brian M. Latuga
answered on May 9, 2024

There is no official limitation, as the statutory speedy trial rights do not apply to preliminary hearings.

0 Answers | Asked in Criminal Law and Civil Rights for Virginia on
Q: If you're completely beat up scraped, bruised all over your body with swollen joints, and have MS.that be excessive?

And they say you're being arrested but when the hospital discharges you there are no charges that have been filed on you and they have your car key in evidence

1 Answer | Asked in Criminal Law for Virginia on
Q: If magistrates denied bond can you ask for bond at next arraignment date in Virginia
David G. Parker
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answered on May 1, 2024

Judges can (and frequently do) review a defendant's bond status at the arraignment whenever a magistrate holds a person without bond. Even if the judge does not grant bond at the arraignment, a defendant or their attorney can file a motion for a bond hearing. Bond hearings are held within a... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Should i plead guilty at arraignment or hope for the best and plead not guilty?

I am being charged with unauthorized use of a motor vehicle as well as false information to a police officer. I have no criminal record and I am a student. I cannot afford a lawyer. I have arraignment coming up and I don’t know if I should plead guilty and hope that the judge knows i’m a first... View More

David G. Parker
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answered on Apr 28, 2024

At your arraignment you will have the opportunity to answer a list of financial questions to see whether you qualify for a public defender/court-appointed attorney. Unauthorized use of a motor vehicle is almost always a felony charge and so you will likely be scheduling a preliminary hearing in... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: if i own my own home and a raid happen i should have paper work from the law if someone beside my self lives there

i let someone live there and they raid it i should get some type paper work

David G. Parker
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answered on Apr 11, 2024

By law, a copy of the search warrant and affidavit must be served by law enforcement either on the property owner or (if the owner is not present) on an adult occupant. If no one is present, then the documents are to be left in a conspicuous location at the property. Additionally, law enforcement... View More

1 Answer | Asked in Criminal Law, Landlord - Tenant and Sexual Harassment for Virginia on
Q: what do I do if my landlord sexually assaulted me & now says he's going to begin staying in my guest room

Given the sensitive nature of my situation, I would appreciate your guidance on the following: My landlord, who is also the father of my long-time best friend, sexually assaulted me. Now, he has informed me that he intends to begin staying in my guest room. The condo I reside in was purchased by... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry you are going through this incredibly difficult and scary situation. What your landlord has done is sexual assault and the coercion he is engaging in now is abusive and illegal. You have every right to feel safe in your own home. I would advise the following steps to protect... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Are paid criminal attorneys in Virginia required to do a certain amount of pro bono cases per year?
Jessica Greenberg
Jessica Greenberg
answered on Apr 15, 2024

No, pro bono time is entirely at the discretion of the individual attorney.

1 Answer | Asked in Civil Rights, Criminal Law and Juvenile Law for Virginia on
Q: So recently my gf parents got mad at me for having a sexual relationship when me and my gf were (15 M) & (14F)

I was wondering if that was illegal now that I'm 19 and she's 18 would I get in trouble for that?

James L. Arrasmith
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answered on Apr 6, 2024

Based on the information you've provided, it seems that when you and your girlfriend engaged in a sexual relationship, you were both minors under the age of consent in Virginia, which is 18 years old.

In this situation, even though you were close in age, the close-in-age exemption in...
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1 Answer | Asked in Civil Rights, Criminal Law and Juvenile Law for Virginia on
Q: What if a person older then a 15 year old have a sexual activity with a 14 year old is that considered illegal? in VA.
James L. Arrasmith
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answered on Apr 6, 2024

In Virginia, the age of consent is 18 years old. This means that an individual who is 18 years or older cannot legally engage in sexual activity with someone under the age of 18, even if the younger person agrees to it.

However, Virginia does have a close-in-age exemption, sometimes known...
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1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Virginia on
Q: Is it legal to have a sexual relationship when both are minors?
James L. Arrasmith
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answered on Apr 6, 2024

In general, sexual activity between minors may be illegal even if both parties consent, as they are below the legal age of consent. There are sometimes "close-in-age exemptions" that reduce or eliminate criminal charges if both parties are close in age, but the specifics depend on local... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Juvenile Law for Virginia on
Q: Can I get in trouble for talking to someone I shouldn't be talking to because they're threatening to call the police?

due to the fact that their parents don't like me spending time with them

James L. Arrasmith
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answered on Apr 4, 2024

It's important to understand that the specific legal consequences, if any, would depend on the details of the situation and the laws where you live. However, here are a few key points to consider:

1. Age of the individuals involved: If you and the person you're communicating with...
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1 Answer | Asked in Criminal Law for Virginia on
Q: I was wondering if a cop is allowed to search a locked container, glove box, and trunk if I was pulled over. I’m in VA.

I was just curious as to if a cop can search glove box, a bag that’s locked, or a container that is also locked without a warrant if I was to be pulled over in a traffic stop. And/or if for some reason they have probable cause to search the vehicle at all would they then be able to search the... View More

David G. Parker
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answered on Apr 2, 2024

The law has allowed warrantless searches of automobiles since the 1920s, as long as probable cause exists to justify the search. The locked status of the containers or compartments of the vehicle shouldn't matter if there's probable cause to justify the search. The inability to readily... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Can i own a gun if my roommate is a felon

Im not on probation and do not have any other legal/medical restrictions from owning a fire arm

Jessica Greenberg
Jessica Greenberg
answered on Apr 15, 2024

You are legally permitted to possess a firearm, but I would strongly advise safe storage practices (get a gun safe, I believe the Richmond police have had several giveaways for it and there are a number of affordable options). If your roommate is found to be in possession of it (and that is not a... View More

1 Answer | Asked in Criminal Law, Tax Law and Employment Law for Virginia on
Q: Can I put a suite on a employer who illegally changed my federal and state w4 (year 2016) which enabled me to get refund
James L. Arrasmith
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answered on Mar 14, 2024

If your employer illegally altered your federal and state W-4 forms without your consent, leading to a situation where you were unable to receive a tax refund, you may have grounds for taking legal action. Such actions by an employer can have serious implications for your finances and legal... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Are the police suppose to show you the evidence that they are charging you with?

I was arrested because they stated they found a baggy of residue In my door handle but I had just been dumpster diving

Brian M. Latuga
PREMIUM
Brian M. Latuga
answered on Mar 8, 2024

You will get some disclosure of the evidence through the criminal court process- typically called Discovery. Your attorney will file motions to handle your case and the allegations. It can take weeks or months for information to get to you through that process.

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