I am having trouble with my appointed lawyer refusing to file Discovery motions according to Rule 3A:11. I am seeking exculpatory evidence, Brady material and specific items to avoid ambush at trial because I am in the dark on what is going on.
Why would a lawyer refuse to file a motion... Read more »
My friend was accused in sexual battery and he has a court in 2 weeks. He doesn't know what happened or who accused him. Can we find out this information before the court date?
answered on May 27, 2023
There are often multiple hearings when a person is accused of a crime. The first hearing will likely simply be to determine what the individual is going to do about getting a lawyer. Eventually, and before there is an actual trial, he will be able to know what exactly he is accused of doing and who... Read more »
I am in nursing school and my teacher put her hands on me as 3 of my classmates witnessed. I immediately called my director and made her aware then my instructor told a completely false narrative in writing that I have shown to my witnesses who have confirmed it's false in every aspect but I... Read more »
answered on May 27, 2023
Assuming it's a criminal case, then the case and your interests would be handled by the commonwealth attorneys office. Criminal cases are always the Commonwealth of Virginia v. The defendant (your professor) . You would be a witness, but not a party.
You cannot have a private... Read more »
My 22 YO Daughter is the victim of Strangulation & Assault (2 counts of Abduction was dropped) by her then boyfriend. At the Prelim Hearing, the Commonwealth Attorney asked my daughter if she and the defendent were living together. My daughter said yes and ther next thing I know the case has... Read more »
answered on May 22, 2023
The Juvenile and Domestic Relations District Court ("JDR") maintains original jurisdiction for these types of claims if the victim/offender cohabitate together. There is no substantive difference between General District Court and JDR in the prosecution of these offenses. The initial... Read more »
Purchase firearms after 5 years even with the Lautenberg amendment in place?
I'm trying to figure out if someone bought a vehicle and add a person to a title so they are both on title of vehicle and said person goes and gets it registration insurance . Puts money into the vehicle and then the person says just keep the vehicle but then almost two years later says to... Read more »
It was a plea agreement from DUI to "wet reckless" with one of the conditions being to take ASAP before getting my license back. I am unable to take ASAP for financial reasons, can't secure employment, and this is holding me back from life progression.
answered on May 3, 2023
You will most likely have no success in doing that because it was plea between you and the Commonwealth which is basically a contract. Additionally, you are well beyond the time to appeal or reopen your case.
What can I do to drop charges? It’s her first offense. What should we be expecting?
answered on Apr 25, 2023
In Virginia the Commonwealth Attorney decides whether to drop the charges in court. That said, they will listen to your wishes as the "victim." Under the Va code and the Va constitution they have to seek your input before disposing of a case. You will get a chance to tell them you want... Read more »
The Commonwealth of Virginia's data system in the criminal child support and social service system has and is continuously causing havoc chaos nightmare in a loop please help I have documentation that shows my proof
answered on Apr 25, 2023
A Virginia attorney could advise best, but your question remains open for two weeks. It looks like you're seeking an attorney. It could be difficult for attorneys on this site to contact you - the format here isn't set up like a referral service - it's basically limited to Q & A.... Read more »
My PD claimed we are not to raise motion to suppress/strike/dismiss to challenge an unlawful arrest before trial, but let the jury decide during trial. I quoted §19.2-266.2. Defense objections to be raised before trial; hearing; bill of particulars, yet he still rejected and denied. If I am to... Read more »
answered on Mar 20, 2023
If it is a challenge to reasonable suspicion, probable cause, or other constitutional challenge then that is a pretrial motion under the statute you cited.
If he’s waiting to be sentenced for his federal gun case could they extend his sentencing for breaking the bond conditions and being involved in the hit and run?
answered on Mar 19, 2023
It is possible for a federal court to consider a defendant's conduct while on bail or pretrial release when imposing a sentence for a separate offense. If your boyfriend has been charged with violating the conditions of his release and/or for his involvement in a hit and run, these charges... Read more »
I acquired & handed off to my younger cousin (under 21) while physically in DC, but we drove back to VA in the same car. He admitted to his mom he took them & she brought him to the police station. No physical evidence, just text messages, but I was charged with possession to accomodate and... Read more »
answered on Mar 9, 2023
The question you're asking would require a bit of legal research, knowledge of the exact text messages and circumstances, and is going to be best addressed by your lawyer representing you in court. Bring this issue up with your lawyer so they can properly represent you - and if you don't... Read more »
Cop testified the defendant was not acting in an obscene way, was not stumbling, did not have slurry speech, no blood-shot eyes, nor mentioned drinking alcohol or had any on his person.
answered on Mar 1, 2023
There is certainly a fertile argument, that he was not impaired without a visible effect to his muscular, skeletal movement.
answered on Feb 25, 2023
There is no prohibition against individuals speaking to law enforcement or Commonwealth Attorneys in Virginia. There is also no requirement they use or act on the information provided to them.
answered on Feb 8, 2023
This is a question that should be directed to your lawyer. Nobody can give you a competent answer without knowing the facts and the procedural setting.
answered on Feb 25, 2023
The laws of expungement in every state are different. You will need to contact an attorney licensed in the state of Alabama.
My nephew has a felony record for possession from a few years ago and was wanting to come visit me, but I am a gun owner and dont know if he is allowed to come and stay for a few days? I don't want to give up my firearm but don't want to get him in trouble.
answered on Jan 25, 2023
It is unlawful for a felon to be in possession of a firearm unless they have had their right to possess a firearm restored. Possession can be actual or constructive and is very fact specific. Actual is obvious, but constructive can be tricky. In court, the questions considered for constructive... Read more »
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