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Virginia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Tax Law and Employment Law for Virginia on
Q: Can I put a suite on a employer who illegally changed my federal and state w4 (year 2016) which enabled me to get refund
James L. Arrasmith
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answered on Mar 14, 2024

If your employer illegally altered your federal and state W-4 forms without your consent, leading to a situation where you were unable to receive a tax refund, you may have grounds for taking legal action. Such actions by an employer can have serious implications for your finances and legal... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Are the police suppose to show you the evidence that they are charging you with?

I was arrested because they stated they found a baggy of residue In my door handle but I had just been dumpster diving

Brian M. Latuga
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Brian M. Latuga
answered on Mar 8, 2024

You will get some disclosure of the evidence through the criminal court process- typically called Discovery. Your attorney will file motions to handle your case and the allegations. It can take weeks or months for information to get to you through that process.

2 Answers | Asked in Criminal Law and Constitutional Law for Virginia on
Q: Who are the West Virginia attorneys answering questions on this here forum?
James L. Arrasmith
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answered on Feb 22, 2024

Justia is primarily a website offering legal information, content, and forms, rather than direct attorney-client advice or acceptance of cases. Feel free to browse this website to find the West Virginia attorney that suits your needs.

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2 Answers | Asked in Criminal Law for Virginia on
Q: On probation had court reporting date on Feb 5 Po text me told me didn't have to be present 13 Feb probation was first

Time police came to house looking for me for probation violation if turn myself in do I get locked up or get out on or Po told me no jail time was involved before court had 3 dirty urines last one told Po up front

Derek Allen Colvin
Derek Allen Colvin
answered on Feb 19, 2024

It is not clear what you are asking. You should talk to a local attorney in Roanoke (or whatever locality is alleging a violation). There are typically two ways you can be locked up for a probation violation - pre-hearing (if you are denied bail or cannot post it) or post-hearing (if you are... View More

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2 Answers | Asked in Criminal Law and Federal Crimes for Virginia on
Q: convicted of a non violent felony that was then dropped to a misdemeanor

would i still be able to own a gun if it was dropped to a misdemeanor

James L. Arrasmith
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answered on Feb 25, 2024

While your felony charge being dropped to a misdemeanor is a positive development, it's important to understand that federal law still prohibits individuals convicted of any misdemeanor crime of domestic violence from possessing firearms. Additionally, state laws regarding firearm ownership... View More

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1 Answer | Asked in Criminal Law for Virginia on
Q: I have video footage that incriminates me. The prosecutor doesn't have it. Do I give it to my defense attorney

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

Reid DeChant
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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

3 Answers | Asked in Criminal Law, Landlord - Tenant and Civil Litigation for Virginia on
Q: What do I need to do when a past tenet takes me with a warrent in detinue for belonging that wasn't left on the property

I received a warrant in detinue from a past tenant for belongings that wasn't left on the property

James H. Wilson Jr.
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James H. Wilson Jr.
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

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1 Answer | Asked in Criminal Law for Virginia on
Q: Can I go to jail if I have Rheumatoid arthritis

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.

David G. Parker
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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

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Virginia on
Q: Can law enforcement stop you from seeking legal advice during there investigation?

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?

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law for Virginia on
Q: I have this 18.2-456(a) (6), i never gave false info. Or impeded justice, the court was 3.5 hrs away and i have no way
David G. Parker
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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

1 Answer | Asked in Criminal Law and Libel & Slander for Virginia on
Q: I had a court case where I was raped while heavily dosed on sleep,depression,and pain medication. The scumbag is now out

He's spreading rumors about me and i want to know what, if anything , I can do to stop him

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law and Sexual Harassment for Virginia on
Q: How can I get my son a bond? He doesn't have a criminal record or history.

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?

David G. Parker
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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

1 Answer | Asked in Criminal Law for Virginia on
Q: So I was sentenced to 12monrhs 12. Months suspended 12 months. Probation said I absconded what r the consequences
T. Augustus Claus
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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

1 Answer | Asked in Criminal Law for Virginia on
Q: I have a Warrant out for missing pretrial and they bonded me to treatment

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

David G. Parker
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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

1 Answer | Asked in Criminal Law for Virginia on
Q: Do any states treat drug possession felonies differently from other felonies of the same class for expungement purposes?
T. Augustus Claus
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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...
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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Virginia on
Q: Do I have a case against the police department for being put in handcuffs with six guns drawn on me for shooting bbgun?

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.

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law for Virginia on
Q: Do I have a right to view my motion of discovery (audio, video) before I agree to any plea?

I have read the motion. Most of it states the conversation is inaudible

David G. Parker
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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

2 Answers | Asked in Criminal Law for Virginia on
Q: Under current law, if a loved one is convicted of second degree murder, do they qualify for earned time credits?

With many changes and court hearings pertaining to the credits currently, we’re confused as to what if any credits he may qualify for.

Brian M. Latuga
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Brian M. Latuga
answered on Nov 28, 2023

They should qualify for the 85%/86% credit unless it’s a very old offense where parole applies.

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2 Answers | Asked in Criminal Law, Constitutional Law and Health Care Law for Virginia on
Q: How are a spouse's gun rights affected by involuntary detention for mental health?

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

David G. Parker
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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

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2 Answers | Asked in Criminal Law for Virginia on
Q: How do I get seized money from an arrest that I was found not guilty of

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

David G. Parker
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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

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