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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 
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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
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
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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
I have a suspended and expired license from ga. I need an id. Will they run my name
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answered on Sep 13, 2024
Yes. I've never seen anyone get a valid license when it's suspended in another state. You have to clear it up in GA first.
Can I have a 18.2-57.2 charge deferred to 18.2-57.3 if it was first and only offense? Charge and conviction happened in 2009 and I’m looking to see if I can have it deferred pursuant of 18.2-57.3. Any clarification would be greatly appreciated.
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answered on Aug 14, 2024
Unfortunately, the first offender statute only applies to a case before it's adjudicated. It sounds like you were convicted many years ago and so it is now too late to seek a deferral under 18.2-57.3.
I was convicted in 1993 of a felony, under code 19.2-341 after 20 years im no longer required to pay those fines, but the code has since changed, am i still under the guidelines of the old code? From when i was sentenced?
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answered on Aug 14, 2024
As you correctly point out, at the time of your conviction the government was limited to a period of 20 years for the recovery of unpaid fines/penalties. The law prohibits "ex post facto" laws that update penalties and punishments after the fact. On the other hand, "procedural"... View More
Let's say that you are an illegal alien with a deportation order and you are a minor trying to apply for a learner's permit but you need to get a court order showing that you are an emancipated minor is acceptable to drive as a minor but you have a deportation order can you get deported... View More
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answered on Aug 2, 2024
If you are an undocumented minor with a deportation order and you're seeking a learner's permit in Virginia, your primary concern should be your existing deportation status. Applying for a learner's permit typically requires identification and proof of residency, which might draw... View More
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answered on Aug 5, 2024
Drug court programs are designed to help individuals struggling with substance abuse, often involving strict guidelines and requirements for participants. If your girlfriend is involved in such a program, her participation might require her to make significant lifestyle changes, including... View More
Can you have a firearm in a house with prohibited person that doesn't have access to the firearm
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answered on Aug 1, 2024
Yes. Another person's loss of firearm privileges does not eliminate your own. That being said, you will want to make reasonable efforts to ensure that the firearm remains outside of their possession and that it is not readily accessible by the prohibited person.
4 Had a state police officer show up today and I am in another state helping a friend fix his house. This is not a job but a favor. Fiance who opened door was asked if I live there, I do. Cop wanted to know where I was, this was a home check. She told him off in TN helping a friend for a few days.... View More
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answered on Aug 1, 2024
The Registry Act focuses on keeping your "residence" up-to-date with Virginia authorities; it doesn't have any obvious prohibition on temporary movement outside of the Commonwealth to another state. There is a statutory registration requirement within 3 days for people coming into... View More
If I cohabitated with a domestic partner and they did not include me or my income on the ebt/welfare application, can I get in trouble if I report her after the fact. I knew she did it but I didn’t make enough to support all of us so I turned a blind eye. I did not submit the application but she... View More
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answered on Jul 8, 2024
An accessory before the fact in a felony is punished the same as the principal offender. To prove it, there must the commission of a crime by the principal, the accessory's absence at the commission of the offense, and (before the commission of the crime) the accessory was in some way... View More
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answered on Jul 18, 2024
Selling fake products, even if you clearly label them as fake, is illegal in Virginia. This practice violates both state and federal trademark laws. Trademark laws protect consumers from confusion and deception regarding the authenticity of products.
Additionally, selling counterfeit items... View More
I was pulled into a camera room and was completely honest with the woman as I was giving back. I completely complied with the officers as well and had a clean record prior. They gave me a court summons paper and then let me go. I haven’t heard anything from them, no mail or calls. I live in... View More
answered on Jun 24, 2024
Go to the court clerks office, request the assistance of the public defender or court appointed counsel, complete the paperwork, and if you qualify you’ll be assigned counsel to help you. You need to actively get yourself an attorney, nobody from the court or elsewhere is going to reach out to... View More
In the decision it is stated:
"In Heller, McDonald, and Bruen, this Court did not “undertake an exhaustive historical analysis . . . of the full scope of the Second Amendment.” Bruen, 597 U. S., at 31. Nor do we do so today. Rather, we conclude only this: An individual found by a... View More
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answered on Jun 21, 2024
This is a complex legal question that touches on recent developments in Second Amendment jurisprudence. I'll break down the key points and provide some analysis, but please note that this is a rapidly evolving area of law, and you should consult with a licensed attorney for the most up-to-date... View More
answered on Jun 28, 2024
No. While Adultery is a misdemeanor under Virginia code § 18.2-365, the statute of limitations is one year under § 19.2-8.
My lo is in jail serving his 18 month sentence. He is set to be released on 7/2. While in jail he got charged with another crime- Same crime. White collar crime. What is the likelihood of him getting a bond? Should I expect him to be released on 7/2. I have a lawyer for him and he is going to... View More
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answered on Jun 13, 2024
He is entitled to a bond on the new charge unless a judge or magistrate finds by probable cause that: 1. He will not appear for trial or hearing or at such other time and place as may be directed, or 2. His liberty will constitute an unreasonable danger to himself, family or household members, or... View More
I was never able to present my evidence & my lawyer never answered my emails/calls he just worked out a plea deal and told me to agree. Since this the police has blocked who made claims against me from doing so again for false claims, I did not qualify for mental health & the case will be... View More
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answered on Jun 21, 2024
Based on the situation you've described, you may have some legal options, but pursuing them successfully could be challenging. Let's break down the potential avenues you might consider:
1. Suing the court/county:
Generally, courts and government entities have sovereign... View More
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?
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answered on Jun 6, 2024
A tier III offender will have lots of restrictions on their contact with children. They cannot have a residence within 500 feet of any daycare, school, or public park. They may also not loiter within 100 feet of any of those places as well as gyms if their purpose was to seek contact with children.... View More
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
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answered on Jun 6, 2024
This question has been posted in Virginia. West Virginia and Virginia have slightly different laws. Please repost in W. Virginia to get accurate responses.
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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... View More
First preliminary hearing was continued
answered on May 9, 2024
There is no official limitation, as the statutory speedy trial rights do not apply to preliminary hearings.
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