Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Virginia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Virginia on
Q: If magistrates denied bond can you ask for bond at next arraignment date in Virginia
David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

Judges can (and frequently do) review a defendant's bond status at the arraignment whenever a magistrate holds a person without bond. Even if the judge does not grant bond at the arraignment, a defendant or their attorney can file a motion for a bond hearing. Bond hearings are held within a... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Should i plead guilty at arraignment or hope for the best and plead not guilty?

I am being charged with unauthorized use of a motor vehicle as well as false information to a police officer. I have no criminal record and I am a student. I cannot afford a lawyer. I have arraignment coming up and I don’t know if I should plead guilty and hope that the judge knows i’m a first... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 28, 2024

At your arraignment you will have the opportunity to answer a list of financial questions to see whether you qualify for a public defender/court-appointed attorney. Unauthorized use of a motor vehicle is almost always a felony charge and so you will likely be scheduling a preliminary hearing in... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: if i own my own home and a raid happen i should have paper work from the law if someone beside my self lives there

i let someone live there and they raid it i should get some type paper work

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024

By law, a copy of the search warrant and affidavit must be served by law enforcement either on the property owner or (if the owner is not present) on an adult occupant. If no one is present, then the documents are to be left in a conspicuous location at the property. Additionally, law enforcement... View More

1 Answer | Asked in Criminal Law, Landlord - Tenant and Sexual Harassment for Virginia on
Q: what do I do if my landlord sexually assaulted me & now says he's going to begin staying in my guest room

Given the sensitive nature of my situation, I would appreciate your guidance on the following: My landlord, who is also the father of my long-time best friend, sexually assaulted me. Now, he has informed me that he intends to begin staying in my guest room. The condo I reside in was purchased by... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

I'm so sorry you are going through this incredibly difficult and scary situation. What your landlord has done is sexual assault and the coercion he is engaging in now is abusive and illegal. You have every right to feel safe in your own home. I would advise the following steps to protect... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Are paid criminal attorneys in Virginia required to do a certain amount of pro bono cases per year?
Jessica Greenberg
Jessica Greenberg
answered on Apr 15, 2024

No, pro bono time is entirely at the discretion of the individual attorney.

1 Answer | Asked in Civil Rights, Criminal Law and Juvenile Law for Virginia on
Q: So recently my gf parents got mad at me for having a sexual relationship when me and my gf were (15 M) & (14F)

I was wondering if that was illegal now that I'm 19 and she's 18 would I get in trouble for that?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2024

Based on the information you've provided, it seems that when you and your girlfriend engaged in a sexual relationship, you were both minors under the age of consent in Virginia, which is 18 years old.

In this situation, even though you were close in age, the close-in-age exemption in...
View More

1 Answer | Asked in Civil Rights, Criminal Law and Juvenile Law for Virginia on
Q: What if a person older then a 15 year old have a sexual activity with a 14 year old is that considered illegal? in VA.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2024

In Virginia, the age of consent is 18 years old. This means that an individual who is 18 years or older cannot legally engage in sexual activity with someone under the age of 18, even if the younger person agrees to it.

However, Virginia does have a close-in-age exemption, sometimes known...
View More

1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Virginia on
Q: Is it legal to have a sexual relationship when both are minors?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2024

In general, sexual activity between minors may be illegal even if both parties consent, as they are below the legal age of consent. There are sometimes "close-in-age exemptions" that reduce or eliminate criminal charges if both parties are close in age, but the specifics depend on local... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Juvenile Law for Virginia on
Q: Can I get in trouble for talking to someone I shouldn't be talking to because they're threatening to call the police?

due to the fact that their parents don't like me spending time with them

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024

It's important to understand that the specific legal consequences, if any, would depend on the details of the situation and the laws where you live. However, here are a few key points to consider:

1. Age of the individuals involved: If you and the person you're communicating with...
View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I was wondering if a cop is allowed to search a locked container, glove box, and trunk if I was pulled over. I’m in VA.

I was just curious as to if a cop can search glove box, a bag that’s locked, or a container that is also locked without a warrant if I was to be pulled over in a traffic stop. And/or if for some reason they have probable cause to search the vehicle at all would they then be able to search the... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2024

The law has allowed warrantless searches of automobiles since the 1920s, as long as probable cause exists to justify the search. The locked status of the containers or compartments of the vehicle shouldn't matter if there's probable cause to justify the search. The inability to readily... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Can i own a gun if my roommate is a felon

Im not on probation and do not have any other legal/medical restrictions from owning a fire arm

Jessica Greenberg
Jessica Greenberg
answered on Apr 15, 2024

You are legally permitted to possess a firearm, but I would strongly advise safe storage practices (get a gun safe, I believe the Richmond police have had several giveaways for it and there are a number of affordable options). If your roommate is found to be in possession of it (and that is not a... View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
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?
Tim Akpinar
Tim Akpinar
answered on Feb 29, 2024

It's more or less random - whichever attorney picks up a question and answers it. Good luck

View More Answers

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

View More Answers

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
PREMIUM
Reid DeChant pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
PREMIUM
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

View More Answers

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
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.