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Virginia Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Virginia on
Q: If I was tried and convinced for a glove that they lost in evedence. How did they find me guilty . Picture of some one

That no one could make out . door camera of a hand turning the door nob

1 Answer | Asked in Criminal Law for Virginia on
Q: Can law enforcement stop and board a 21ft boat to conduct a safety and license check, no additional probable cause.

Traveling across river in boat,not fishing, law enforcement stopped me for no reason, detained us, checked license and safety Equipment. Never consented to the stop, but I cooperated. Is it lawful or do they need consent.

Brian M. Latuga
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Brian M. Latuga
answered on Oct 1, 2022

Unless those officers are particularly limited by a local law, yes, it is generally lawful.

0 Answers | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: If law enforcement towed my car after a traffic stop and had it towed and a hold put on it. What hours can I pick out u

In SC my car is towed. I was not driving it. It was towed at law enforcement request. Who pays the tow yard and storage fees.

1 Answer | Asked in Criminal Law and Real Estate Law for Virginia on
Q: Illegal search and seizure?

My aunt and I own a home together. I live there. She never even goes there. She gave the police permission to search inside without my permission and opened the door for them when i wasnt there. Is this legal in virginia? This is my mailing address, I reside there. Not her. Was this illegal at all?... Read more »

Daniel P Leavitt
Daniel P Leavitt
answered on Sep 20, 2022

You say she is a part owner of the home, so it sounds like it is probably a good search. If you have a signed lease entitling you to sole possession and she has no right to possess/enter/inspect then maybe you have something to base that claim on but it seems unlikely.

1 Answer | Asked in Criminal Law for Virginia on
Q: If someone gave me stolen property and I got arrested then they died what will happen?
Daniel P Leavitt
Daniel P Leavitt
answered on Sep 18, 2022

18.2-108. Receiving, etc., stolen goods.

A. If any person buys or receives from another person, or aids in concealing, any stolen goods or other thing, knowing the same to have been stolen, he shall be deemed guilty of larceny thereof, and may be proceeded against, although the principal...
Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: A person has a 10 years sentence, 4 years - 6 months suspended, and 5 years probation. How time is actually served?
Daniel P Leavitt
Daniel P Leavitt
answered on Sep 15, 2022

I think the rule of thumb is to expect 85 percent. That's not a hard and fast rule I don't think but that's been my experience on felonies in Virginia. So if my math is right that should be about 4 years 8 months then subtract any time served... but I believe this can vary.

0 Answers | Asked in Criminal Law for Virginia on
Q: What form do I file to get a firearm released from property

Nolle Prosse case after I obtained concealed carry permit

0 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Virginia on
Q: Can a police officer illegally take your car saying it's stolen but u have proof that it isn't and show the officer

The proof that on paper says vin make model when it was financed and when it was paid off and everything but still don't give me my car back can I sue the police for stealing my car and emotional distress considering I lost my diabetic doctor cause couldn't make it to my appointments... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Arrested on a non extraditable misdemeanor 23 years after contempt charge. What should I do?

Failed to appear in Pennsylvania. Have AIDS AND was sick I couldn't travel. Was told I'd be ok except if stopped in Pennsylvania. I called police for assistance out of fear my place was being broken into and the Falls Church city police arrested me even though the national criminal data... Read more »

Daniel P Leavitt
Daniel P Leavitt
answered on Aug 28, 2022

You will want to request a court appointed attorney when you are in front of the judge. They should appoint an attorney to represent you if you qualify financially.

1 Answer | Asked in Criminal Law for Virginia on
Q: Arrested for larceny charges dropped do I get what police took back in west Virginia

It was dropped next day

Thomas H. Roberts Esq
Thomas H. Roberts Esq
answered on Aug 6, 2022

Your question is not clear --- assuming that you are asking "When the state drops the larceny charges, can I expect the police to return the "evidence" my belongings to me at that time?" Under Virginia and federal law, the state cannot take property from you without... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: I’m now a chp holder, I’m worried if I ever have to use self defense that my Facebook isn’t flattering what do I do?

I hear prosecutors will do anything to hold you accountable for a criminal violating my rights and threaten my life and go as far as using my Facebook to prove that I’m not a perfect example of what a human specimen is supposed to be instead of focusing on the career criminal makes me more... Read more »

Jennifer Alettia French
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Jennifer Alettia French
answered on Jul 28, 2022

Self defense in Virginia is a complex affirmative defense. The facts surrounding the incident will be paramount in whether or not such a defense is successful. Social media posts might be detrimental to such a defense if they show that the actions taken were potentially planned in advance, or a... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: So I got An assault, and battery charge it was 12 years ago, I didn't do any jail time. Can I ever own a gun in Va?

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Jennifer Alettia French
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Jennifer Alettia French
answered on Jul 25, 2022

It depends on whether your prior conviction was a misdemeanor or felony, and if it was charged as a domestic assault and battery. If you were convicted of a felony you will need to petition a Circuit Court for the restoration of firearm privileges. If convicted of domestic assault and battery... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: I am on probation in VA but have a pending case against me in GA. Who has jurisdiction.

If I go to court in ga and get jail time can they force me to break probation in VA?

Jennifer Alettia French
PREMIUM
Jennifer Alettia French
answered on Jul 25, 2022

Are you asking about a probation restriction to travel out of state? If so, you can request permission from probation to leave the state.

2 Answers | Asked in Criminal Law for Virginia on
Q: Will I be summoned as a witness?

I am an employee of a major store. I reported an incident of a man that exposed himself in front of me to the managers. The police came and never spoke to me. I found out 2 weeks later that the man was found and summoned to court. Should I expect a summons as well?

Paula Hough
Paula Hough
answered on Jul 20, 2022

You should expect a summons to come to court as a witness in this case. If you have not been summoned, but wish to testify, you should reach out to the Commonwealth's Attorney (prosecutor) in the city/county in which the offense occurred to make sure that you do get a subpoena for the case.

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1 Answer | Asked in Criminal Law and Constitutional Law for Virginia on
Q: 8 years ago, released from Tennessee without home plan or transfer of custody. Has been non-extraditable. Arrested now

Was in an atv accident with my daughter and a virginia state police charged me with reckless endangerment of a minor (no) and persuaded tennessee to extradite. I have not had my court date for the infraction to plead not guilty to this charge.

Susan Fremit
Susan Fremit
answered on Jun 9, 2022

It appears that Tennessee issued a warrant of extradition for a misdemeanor which is usually non-etraditable and the VA State police were simply following up that. You may want to ask your former Tennessee attorney for advice on what is going on there. Also advise that attorney that you want to... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on
Q: I have court for a situation that occured where I had a firearm on federal property. Need to ask more questions

I was planning on commiting suicide when a friend called the police on me and a firearm was found in my car which was on federal property. I was just given a court appearance citation which is in 2 days. I don't know how much trouble I could be in and I need help.

Brian M. Latuga
PREMIUM
Brian M. Latuga
answered on May 15, 2022

Go to your court appearance and either ask for a public defender or more time to hire an attorney. He will need an attorney report for this type of charge. Generally, it is a misdemeanor.

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on
Q: Can I own a gun if I had a class 1 misdemeanor 11 years ago? It was for third offense driving with a suspended license,
Brian M. Latuga
PREMIUM
Brian M. Latuga
answered on May 7, 2022

There is no bar with a conviction of driving suspended to ownership of a firearm as allowed under other applicable laws of Virginia and the US.

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