David G. Parker Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 6, 2023

The situation you have described is not uncommon. The cooperation of the alleged victim in a domestic violence case isn't always necessary; not "wanting legal action" does not prevent the prosecutor from calling the alleged victim as a witness at trial. In some cases where no helpful... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 3, 2023

While I can offer legal perspectives based on U.S. law, I cannot guarantee how Mexican authorities will treat your entry given your misdemeanor convictions. Being transparent and following Mexico's entry requirements will be crucial. If you encounter issues, it would be best to consult the... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 3, 2023

Mexico generally allows U.S. tourists to enter without a criminal background check for short visits, but it is within the discretion of the border agents to allow or disallow entry. To minimize issues, make sure you have all required documentation in order, including a valid U.S. passport. If you... View More

There is a very slight possibility that you could use this to get the case dismissed. However, it is likely still possible for the prosecutor to bring the original forensic scientist into court to clear up that issue. It will depend on if the judge considers it a curable error (most errors are... View More

If he is charged with the criminal offense of strangulation in Virginia, the totality of the evidence will have to prove, beyond any reasonable doubt, that he in fact strangled you. In Virginia, "strangled" occurs when someone "impedes the blood circulation or respiration of another... View More

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

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

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.

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

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

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... View More

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

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.

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

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

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.

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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