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I am being asked by officers to come in for questioning regarding an assault incident where I was present. They have explained why I am being questioned, but I have not received any official documents or subpoenas. Do I legally have to speak with them, and should I consult with a lawyer first to... View More 
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answered on Mar 3, 2025
You are not required to talk to them. I would be concerned that they might later try to claim that you were somehow a participant in the incident. If it were me, I would politely decline to discuss the assault with them. It might be a good idea to consult a local defense attorney about this, but... View More
Is it illegal for a 13-year-old child to look at sexual images on a digital device in public, and what are the potential consequences for the child?
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answered on Feb 27, 2025
A very strict reading of the obscenity laws might make this a class 1 misdemeanor (for exhibiting obscene material), but in the case of a 13-year-old I would be very surprised if a petition were sought against the child. Even if a complaint were lodged, it might go through what's called a... View More
In Virginia, can parents of an adult child be held liable or face legal consequences for sheltering the adult child from law enforcement if there are active warrants for the child's arrest? The warrants are related to breaking orders of protection and making death threats against the... View More
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answered on Feb 27, 2025
Parents cannot be prosecuted as accessories after the fact on a felony offense, if the conduct in question is them assisting their child to avoid arrest or prosecution.
I made an unspecified violent threat to a telemarketer. This is my first incident of this nature, and I have not been contacted by law enforcement or any legal parties regarding this. Should I retain a lawyer, even though I have not been charged?
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answered on Feb 27, 2025
You can always retain a lawyer if you so choose. You could also just consult with a local lawyer to discuss your situation; many lawyers give free consultations. It's possible that the telemarketer is used to people being upset by his cold calls, or that there's no recording of the... View More
I filed for a temporary protective order today. There are no specific conditions mentioned in the order, and I have not been notified of any restrictions. Can I still purchase a firearm under these circumstances?
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answered on Feb 27, 2025
As the petitioner, you are not "subject to" the protective order for purposes of Virginia's gun laws. The prohibitions relate to the respondent you have filed against. You should be fine so long as nothing else disqualifies you from purchasing or possessing a firearm.
I accidentally opened mail sent to our address but addressed to a different name, deposited the check inside, thinking it might be my dad's since I'm responsible for his mail while he's abroad. The bank initially said the deposit wouldn't go through, but the money appeared in my... View More
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answered on Feb 25, 2025
You might get charged with a felony or two. It depends on the facts but you will get notified if they bring the charge.
I was a passenger in a vehicle registered in the driver's name, and an illegal pipe was found inside. No one claimed ownership of the pipe at the scene, but both the driver and I were charged with possession. How is ownership determined in such cases, and what can each of us do to contest... View More
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answered on Feb 25, 2025
Possession is the issue, not ownership. Two people can be in possession of something. Actual possession is when something is found on you whereas constructive possession is not on your person but generally nearby. They have to prove possession based on the facts... proximity, etc although proximity... View More
I was involved in a car crash due to icy road conditions. A police report was filed, but it doesn't mention anything criminal. Some items were confiscated from my vehicle, and I'm concerned about why this happened. What steps should I take to understand the reason for the confiscation and... View More
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answered on Feb 27, 2025
Not knowing about the details about what was seized and circumstances surrounding the seizure (do not share them online), it's hard to say. You can call or visit the agency that took the items, explain your question about your property to the front desk, and you should get an answer either... View More
I am on probation and had to move to a new address within the same city. I left messages for my probation officer on January 29, 2025, January 31, 2025, and February 18, 2025, and also sent a letter providing my new address. My probation officer has not yet visited for a house check, and I have not... View More
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answered on Feb 27, 2025
Possibly. That will depend on if there were any restrictions in place on changing your address without prior approval, or if there was delay in reporting your change of address that runs afoul of their rules. Even if that was the case, not every issue results in a violation letter being sent to the... View More
I have a concealed carry permit in Virginia. Is it legal for me to carry the Shivworks BARRACUDA concealed for self-defense in public places?
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answered on Feb 18, 2025
Va. Code 18.2-308 outlines what categories of weapons an individual may not conceal upon his person. While it seems likely that the weapon you've mentioned is clearly NOT certain weapons that are mentioned in that statute, there is a catch all provision that criminalizes "any weapon of... View More
My boyfriend was recently arrested in Hanover, VA, for a false allegation of simple assault and his third DUI. He was not driving at the time officers contacted him, and the keys were on the passenger seat while he drank after the car was off. He refused a field sobriety test and a Breathalyzer at... View More
answered on Feb 17, 2025
I know this is gonna sound cliché, but the best way to fight the cases is to hire an experienced DUI and criminal defense attorney in Hanover.
My boyfriend was falsely accused of abuse. A colleague called the police and gave a false statement, but I denied the allegations. However, he was still taken into custody. He was charged with simple assault (secured bond) and a DUI (unsecured bond). Despite seeing a judge and being told of his... View More
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answered on Feb 15, 2025
If he has a bond then they have to let you bond him out. It stinks that it's on the weekend and it's a holiday weekend. So the courts are closed.
I've had the jail blame the court before and say they don't have the proper paperwork from the court. If that's truly... View More
I received a call from HR stating that they have videos of me allegedly stealing food from the cafeteria. They mentioned the incident happened 8 times over the last couple of months. I haven't been formally accused yet but was asked if I recall it happening. I haven't reviewed the videos,... View More
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answered on Feb 14, 2025
Consuming food, supplies, or other resources belonging to your employer without authorization could be considered embezzlement in Virginia. It is best to consult with a criminal defense and/or employment attorney about the options available to you based on the terms of your employment & how the... View More
I was arrested along with my spouse because the police couldn't determine an aggressor during an incident. We both signed an Emergency Protective Order (EPO). We have a court date after the EPO expires, and my spouse and I plan to settle our differences before then. There are no anticipated... View More
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answered on Feb 13, 2025
Generally domestic assault and battery cases are determined by what evidence there is and how the prosecutor decides to proceed. Any statements you and/or your husband made are admissible against yourselves. I had had cases where the other spouse doesn't want to proceed but the prosecutor... View More
I am a non-violent offender and was sentenced to 2.5 years (30 months) in DOC. I had already served 15 months before sentencing. Upon sentencing, I received credit for those 15 months, leaving 15 months remaining. The DOC applied the 65% good time credit to the remaining 15 months rather than the... View More
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answered on Feb 13, 2025
The Department of Corrections should be contacted if you have concerns. They advertise that defendants may reach out to them with questions about time computation at:
Virginia Department of Corrections
ATTN: Correspondence Unit/Court & Legal Section
PO Box 26963... View More
I got a first offense petit larceny from Walmart for amount of 221.89 looking for help on my situation as I have summons to appear in court February 20th , I am terrified and wondering if I’m going to jail or am I able to do something to not good to jail
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answered on Feb 12, 2025
If you do not have any felony convictions, the judge is permitted in his or her discretion to defer your case for dismissal if certain conditions (e.g. payment of restitution, keeping the peace, etc.) are met. It's purely at the judge's discretion and so it will depend on the custom of... View More
Or was He giving a Attorney that did His Job! And whenever asked 4 a new attorney & trial was denied. There is footage of the crime & the real asalants. Witch wasn't looked into & a eye witnesses suspended & not called. Production withheld evidence. Witnesses was caught lieing... View More
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answered on Feb 10, 2025
I didn't see a question posted. Seems like it was a disputed case. If you're looking for review you would want to consult with an appellate attorney.
I got charged with a meth pipe that was it he took me to jail over a possession witch I didn’t have no drugs he didn’t test it or anything but I had pills that wasn’t mine and insulin needles with stuff loaded in it and they had my boyfriend in handcuffs while I was at a friend and I walked... View More
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answered on Feb 9, 2025
You can be charged for any offense that is a violation of law where the officer has probable cause to believe you committed. The officer has to have jurisdiction where the alleged offense occurred.
If somebody else committed a different violation for which they didn't get charged, it... View More
Augusta County, VA- I stopped for the bus unloading kids going the opposite direction as me on a county 2-lane road (double yellow lines). It started moving as did the cars behind it (I was going opposite direction), so we got closer in distance then realized it was stopping AGAIN only a couple... View More
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answered on Feb 6, 2025
Under the circumstances, your response to the bus going back into motion was perfectly reasonable. Regardless, you stopped for the school bus as required as soon as you realized it had stopped for a second time. I see no violation.
I'm talking no involvement what so ever. Wasn't at her residence, she didn't know anything that allegedly occured has zero involvement, she didn't provide anyone anything she didn't have anything at all to do with the case what so ever in literally any capacity. They just... View More
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answered on Feb 4, 2025
I would guess someone misunderstood what the judge did. The judge can decide whether or not to even give a bond, they can put no contact conditions etc. I would imagine someone here misunderstood what the judge actually did.
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