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Virginia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Juvenile Law for Virginia on
Q: Can I be charged with any crime for leaving my 10 yr old alone for less than an hour ?

I let my 10 yr old stay alone in my hotel room for less than an hour.He left the room for a soda and locked himself out. He called me on his cell to let me know and I began heading back to him. He decided to ask the hotel lobby for a key and they called the police. Va does not have a minimum age... View More

Derek Allen Colvin
Derek Allen Colvin
answered on Jul 24, 2023

There is likely probable cause to charge you under Virginia Code Section 18.2-371 for rendering the child in need of supervision. There may be additional charges. It sounds like the charging decision is left to the discretion of the prosecutor in that jurisdiction. If charged, you should... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Do I have any rights to refuse a warrantless search by law enforcement if my husband is on probation?
T. Augustus Claus
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answered on Jul 20, 2023

Now, generally, law enforcement may not search your home or belongings without a valid search warrant issued by a judge, unless there's an exception to the warrant requirement. However, if your husband is on probation, he may have agreed to certain conditions, which could allow law enforcement... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Hello. I'm just wondering what kind of penalty it is for failure to obey regulation sign on a department owned lake?
T. Augustus Claus
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answered on Jul 19, 2023

When it comes to disobeying regulation signs on a department-owned lake in Virginia, the specific penalties can vary depending on the nature of the offense and the regulations in place. Typically, failure to obey regulation signs can result in fines, citations, or other penalties.

Q: I need to talk to someone about a case where an inmate's constitutional rights and due process are being violated. Pleas
T. Augustus Claus
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answered on Jul 7, 2023

I'm sorry to hear about the situation. If you believe that an inmate's constitutional rights and due process are being violated, it is important to seek legal assistance from an attorney who specializes in civil rights or criminal defense. They can provide guidance and advice based on the... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Can someone use a voice recording as evidence in Va without the other person knowing they are being recorded
Brian M. Latuga
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Brian M. Latuga
answered on Jun 26, 2023

I’m criminal cases, generally yes. In other types of cases- divorce- generally, no.

2 Answers | Asked in Criminal Law for Virginia on
Q: I have a protective order against me. I need to know my legal rights as we live in the same house

It is a no contact order.

Faraji A. Rosenthall
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Faraji A. Rosenthall
answered on Jun 23, 2023

You should review the terms of the order and possibly contact a lawyer immediately if they are uncertain. Often, a protective order will require a person to leave a house even if they live there.

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Virginia on
Q: I’m just now finding out about this and all of this is completely wrong and untrue! What can I do?

I was not in attendance during the appeal as my lawyer told me that I wasn’t allowed to be and was notified by phone that the appeal was not honored. I’m sure where this information come from or why the police made such statements but they are completely false! I’m assuming they’re getting... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 18, 2023

Take the appellate decision to an experienced appellate specialist for a review of your options.

1 Answer | Asked in Criminal Law for Virginia on
Q: Can I find out the person who accused me of the charge before the court date?

My friend was accused in sexual battery and he has a court in 2 weeks. He doesn't know what happened or who accused him. Can we find out this information before the court date?

Faraji A. Rosenthall
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Faraji A. Rosenthall
answered on May 27, 2023

There are often multiple hearings when a person is accused of a crime. The first hearing will likely simply be to determine what the individual is going to do about getting a lawyer. Eventually, and before there is an actual trial, he will be able to know what exactly he is accused of doing and who... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I have filed assault charges on my uni teacher with 3 witnesses. Would it be wise to pay a lawyer or use court-appointed

I am in nursing school and my teacher put her hands on me as 3 of my classmates witnessed. I immediately called my director and made her aware then my instructor told a completely false narrative in writing that I have shown to my witnesses who have confirmed it's false in every aspect but I... View More

Faraji A. Rosenthall
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Faraji A. Rosenthall
answered on May 27, 2023

Assuming it's a criminal case, then the case and your interests would be handled by the commonwealth attorneys office. Criminal cases are always the Commonwealth of Virginia v. The defendant (your professor) . You would be a witness, but not a party.

You cannot have a private...
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1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: What are the advantages/disadvantages of Strangulation & Assault being moved from General Distr Ct to Juv Dom Relations

My 22 YO Daughter is the victim of Strangulation & Assault (2 counts of Abduction was dropped) by her then boyfriend. At the Prelim Hearing, the Commonwealth Attorney asked my daughter if she and the defendent were living together. My daughter said yes and ther next thing I know the case has... View More

Derek Allen Colvin
Derek Allen Colvin
answered on May 22, 2023

The Juvenile and Domestic Relations District Court ("JDR") maintains original jurisdiction for these types of claims if the victim/offender cohabitate together. There is no substantive difference between General District Court and JDR in the prosecution of these offenses. The initial... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Constitutional Law for Virginia on
Q: I want to ask a judge to change a court order made in a plea agreement years ago; can I use the Motion to Amend/Review?

It was a plea agreement from DUI to "wet reckless" with one of the conditions being to take ASAP before getting my license back. I am unable to take ASAP for financial reasons, can't secure employment, and this is holding me back from life progression.

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on May 3, 2023

You will most likely have no success in doing that because it was plea between you and the Commonwealth which is basically a contract. Additionally, you are well beyond the time to appeal or reopen your case.

1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Virginia on
Q: My wife was charged with Dom Vio on me. Our oldest son was present. It was a small incident that got out of control.

What can I do to drop charges? It’s her first offense. What should we be expecting?

Robert Tyler Bezilla
Robert Tyler Bezilla
answered on Apr 25, 2023

In Virginia the Commonwealth Attorney decides whether to drop the charges in court. That said, they will listen to your wishes as the "victim." Under the Va code and the Va constitution they have to seek your input before disposing of a case. You will get a chance to tell them you want... View More

1 Answer | Asked in Criminal Law, Civil Rights, Child Support and Family Law for Virginia on
Q: I am needing a strong minded person that can handle this challenge. I have paid my dues and document document document

The Commonwealth of Virginia's data system in the criminal child support and social service system has and is continuously causing havoc chaos nightmare in a loop please help I have documentation that shows my proof

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2023

A Virginia attorney could advise best, but your question remains open for two weeks. It looks like you're seeking an attorney. It could be difficult for attorneys on this site to contact you - the format here isn't set up like a referral service - it's basically limited to Q & A.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Virginia on
Q: If I am to challenge the lawfulness of an arrest in Virginia, is this done during the jury trial or before trial?

My PD claimed we are not to raise motion to suppress/strike/dismiss to challenge an unlawful arrest before trial, but let the jury decide during trial. I quoted §19.2-266.2. Defense objections to be raised before trial; hearing; bill of particulars, yet he still rejected and denied. If I am to... View More

Brian M. Latuga
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Brian M. Latuga
answered on Mar 20, 2023

If it is a challenge to reasonable suspicion, probable cause, or other constitutional challenge then that is a pretrial motion under the statute you cited.

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on
Q: My boyfriend was arrested for a gun charge and it got transferred to feds. He got bail and broke his conditions.

If he’s waiting to be sentenced for his federal gun case could they extend his sentencing for breaking the bond conditions and being involved in the hit and run?

James L. Arrasmith
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answered on Mar 19, 2023

It is possible for a federal court to consider a defendant's conduct while on bail or pretrial release when imposing a sentence for a separate offense. If your boyfriend has been charged with violating the conditions of his release and/or for his involvement in a hit and run, these charges... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Can you be charged in Virginia for drug possession for giving someone mushrooms while in DC, before driving back to VA?

I acquired & handed off to my younger cousin (under 21) while physically in DC, but we drove back to VA in the same car. He admitted to his mom he took them & she brought him to the police station. No physical evidence, just text messages, but I was charged with possession to accomodate and... View More

Brian M. Latuga
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Brian M. Latuga
answered on Mar 9, 2023

The question you're asking would require a bit of legal research, knowledge of the exact text messages and circumstances, and is going to be best addressed by your lawyer representing you in court. Bring this issue up with your lawyer so they can properly represent you - and if you don't... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Virginia on
Q: Is the smell of alcohol and having "glassy eyes" sufficient probable cause to make arrest on a Drunk In Public charge?

Cop testified the defendant was not acting in an obscene way, was not stumbling, did not have slurry speech, no blood-shot eyes, nor mentioned drinking alcohol or had any on his person.

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Mar 1, 2023

There is certainly a fertile argument, that he was not impaired without a visible effect to his muscular, skeletal movement.

1 Answer | Asked in Criminal Law for Virginia on
Q: Am I able to give Commonwealth of VA evidence that I think will help a case?
James Panagis
James Panagis
answered on Feb 25, 2023

There is no prohibition against individuals speaking to law enforcement or Commonwealth Attorneys in Virginia. There is also no requirement they use or act on the information provided to them.

1 Answer | Asked in Criminal Law and Probate for Virginia on
Q: If you went to your court date and was granted a motion of continuance but still went to jail what and why ?
Richard Sternberg
Richard Sternberg
answered on Feb 8, 2023

This is a question that should be directed to your lawyer. Nobody can give you a competent answer without knowing the facts and the procedural setting.

1 Answer | Asked in Criminal Law for Virginia on
Q: Can 3rd degree theft be removed from a record in Alabama? And how much will cost?
James Panagis
James Panagis
answered on Feb 25, 2023

The laws of expungement in every state are different. You will need to contact an attorney licensed in the state of Alabama.

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