I was charged with simple assault in VA. I walked towards my accuser but nothing else as shown on video. He was never touched or threatened. No one but me seems to have the video. The prosecutor does not have it to give to my lawyer. Would my lawyer have to turn this over to the prosecutor? Is it... View More 
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answered on Feb 12, 2024
If you are charged with assault and the video shows you just walked towards the accuser and did not assault him, it sure sounds like that video could help prove your case for you. Either way, good or bad, your attorney does not have to provide that information to the prosecutor. Everything you tell... View More
I received a warrant in detinue from a past tenant for belongings that wasn't left on the property
answered on Feb 7, 2024
A Warrant in Detinue is a pleading used in a Virginia General District Court or small claims court to recover specific personal property, or the value thereof. The Plaintiff has the burden of proving title and that such specific property in the possession or control of the Defendant, or was... View More
I have severe Rheumatoid arthritis which also means I have no immune system. I require the assistance of a walker to walk and require a lot of medical attention.
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answered on Feb 1, 2024
Health conditions can be a factor in sentencing, but are not guaranteed to result in a sentence without incarceration. Gathering supporting documentation which details your diagnosis, hardships, medication(s) required, etc. would be a good idea, as that is something the judge could consider at... View More
Can law enforcement use the surveillance to harass, intimidate, cause official oppression during their investigation? If they do which rights have they violated? Can law enforcement use surveillance to harass, intimidate, cause official oppression?
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answered on Jan 27, 2024
Law enforcement cannot legally prevent you from seeking legal advice. Your right to consult with an attorney is protected under the Sixth Amendment, which guarantees the right to counsel in criminal prosecutions. If you're involved in a criminal investigation, you have the right to speak to an... View More
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answered on Jan 17, 2024
That particular subsection refers to a "willful failure to appear before any court or judicial officer as required after having been charged with a felony offense or misdemeanor offense or released on a summons pursuant to § 19.2-73 or 19.2-74." Court being 3.5 hours away isn't... View More
He's spreading rumors about me and i want to know what, if anything , I can do to stop him
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answered on Jan 8, 2024
If someone is spreading false and damaging rumors about you, you may have legal options to consider. One possibility is a defamation lawsuit. Defamation involves making false statements that harm someone's reputation. If the rumors being spread about you are false and causing you harm, this... View More
He provided proof of his innoncence and I have provided proof also. His ex girlfriend is bringing these charges up. What can I do now?
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answered on Jan 5, 2024
If bond was not granted by the magistrate or by the judge at his arraignment, then he or his attorney will need to file a bond motion. Opportunity will be given at a bond hearing to present relevant factors for the court's consideration, including but not limited to the nature and... View More
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answered on Jan 1, 2024
If you have been sentenced to 12 months with 12 months suspended and you are accused of absconding while on probation, there can be serious consequences. Absconding refers to the act of deliberately avoiding supervision or failing to report to your probation officer as required. Consequences for... View More
I was bonded to a treatment center and had pretrial I went to pretrial before I left and then they made an appointment next month. I was still in treatment. My gf went to show documentation I was there and they stamped it and signed it and she has the copy also asked if I was going to get a warrent... View More
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answered on Dec 28, 2023
Without reviewing the pretrial violation letter I cannot say for sure what they're alleging. But be sure to bring any documents to court that indicate you were still in treatment during the scheduled pretrial appointment. Your girlfriend could be called as a witness if the court takes evidence... View More
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answered on Dec 21, 2023
Drug possession felonies are different from other felonies of the same class for expungement purposes. This means that it may be more difficult or even impossible to get a drug possession felony expunged compared to other types of felonies.
Here's a summary of the situation in... View More
I was teaching girlfriend how to safely shoot bbgun twords the woods,when someone reported us and even after cooperating and voicing it was only a toy with my hands in air they drew 5 guns one to my head in the middle of the street in broad daylight in front of all my neighbors.
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answered on Dec 9, 2023
In considering a case against the police department for their response to you shooting a BB gun, several factors need to be evaluated. The police response, including drawing weapons and handcuffing, is typically assessed based on the reasonableness of their actions given the circumstances they... View More
I have read the motion. Most of it states the conversation is inaudible
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answered on Dec 12, 2023
There is no statutory or constitutional right to a plea offer from the prosecutor. If the prosecutor has extended an offer with a particular deadline attached to it, you may be out of luck. However, the Rules of the Supreme Court of Virginia do specify that you are entitled (for felony trials) to... View More
With many changes and court hearings pertaining to the credits currently, we’re confused as to what if any credits he may qualify for.
answered on Nov 28, 2023
They should qualify for the 85%/86% credit unless it’s a very old offense where parole applies.
My spouse was involuntarily committed for mental health several years ago. He is planning to petition for restoration of his right. If he is denied, can I legally purchase a gun as long as I keep it in a biometric safe that he cannot access? Do I have any alternatives so that my right is not... View More
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answered on Nov 27, 2023
Your rights are not infringed by the statutes governing your spouse. That being said, you ought to take reasonable precautions to secure any firearms so that your possession of them is exclusive and is not a de facto possession by your spouse. It sounds like you are on the right track, both in... View More
I was arrested in a traffic stop my property was seized I went to trial was found innocent in my trial but never received any of my property back I have tried and tried to get a hold of the detective and so is my attorney with no result for I am out $800
and a cell phone that is on my... View More
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answered on Nov 27, 2023
I would recommend that you or (ideally) your lawyer reach out to the prosecutor who handled the case to inform them of your property issue. The prosecutor will be in a good position to contact the detective directly. In the alternative, try reaching out to the law enforcement agency itself. If the... View More
I understand that in Virginia, a person must be 21yo to obtain a Concealed Carry Permit. However, if someone over 21yo with a VA Concealed Carry Permit gifts a pistol to their wife/girlfriend who is 18-21yo, can the wife legally conceal carry that pistol at her place of business if the property... View More
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answered on Nov 18, 2023
In Virginia, the law regarding concealed carry is clear that individuals must be at least 21 years old to obtain a Concealed Carry Permit. Without such a permit, a person aged 18-20 cannot legally carry a concealed handgun in public places or at their place of employment, even if it's private... View More
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answered on Oct 26, 2023
In Virginia, to obtain the original case number for a federal criminal case, contact the Clerk of Court's office for the relevant federal district where the case was filed. Provide any available case details and be prepared to pay any associated fees if required. In some cases, you may need to... View More
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answered on Oct 23, 2023
If you're facing challenges with a civil case in Virginia and are considering moving it to federal court, it's essential to determine whether your case qualifies for federal jurisdiction. To do this, you'll need to file a removal petition, outlining the reasons for the transfer and... View More
Or would giving them the code show that I’m aware of what’s in the safe and be used against me? Also should police even be asking me for the code since I’m already in jail and haven’t read me my rights?
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answered on Oct 15, 2023
While the police may ask for the code to the safe during a lawful search, you have the right to remain silent and consult with an attorney. It's crucial to seek legal counsel to make informed decisions that protect your rights and interests.
I was a passenger in a car that was pulled for theft but not reported stolen, owner was reported missing by his father, can the police legally search and/or detain thepassengers or occupants of vehicle and charge the passengers or honestly, could be said to be abducted occupants who were forcefully... View More
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answered on Oct 15, 2023
In general, if the police have probable cause to believe there is evidence of a crime in a vehicle, they can search the vehicle without a warrant. This can include searching areas accessible to passengers. However, simply being a passenger in a vehicle doesn't automatically give police the... View More
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