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Virginia White Collar Crime Questions & Answers
1 Answer | Asked in White Collar Crime for Virginia on
Q: My wife is being investigated for Medicaid fraud and we cannot afford a lawyer
Joseph Abrams
Joseph Abrams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2021

If you cannot afford an attorney, request that the court appoint counsel in the case. Your wife has the right to appointed counsel if she cannot afford an attorney. Other options would to be explore discounted or pro bono attorney services.

Q: What type of evidence or witnesses is a defendant limited to , if any ?

Example: defendant is charged with embezzlement by their employer. Defendant has been falsely accused amd is suspicious of being framed by employer . A former employee was also accused of same crime.can defendant reach out to question them? Can defendant question employees that worked there after... View More

F. Paul Maloof
F. Paul Maloof
answered on Apr 26, 2021

I regret that I do not handle criminal law matters. Sorry.

1 Answer | Asked in White Collar Crime, Contracts and Civil Litigation for Virginia on
Q: How do I write a Grounds for Defense without a Bill of Particulars? Or do I use the old one?

My then wife and I signed a lease agreement with a vacation time share company in '95, ended 2012. They sent all correspondence to my ex in another state and got a judgment against both of us in 2017.

I learned of the garnishment 2019 and filed a motion to set aside, proved I was... View More

F. Paul Maloof
F. Paul Maloof
answered on Mar 2, 2020

When the Judge granted your Motion to Set Aside the default judgment, the Judge generally would order a new Bill of Particulars to be filed by the Plaintiff by a date certain and then the Defendant (You) to file a Grounds of Defense by a date certain to the allegations asserted in the Bill of... View More

2 Answers | Asked in Criminal Law, White Collar Crime and Medical Malpractice for Virginia on
Q: Does a conviction of "obtained drug by fraud" fall under the category of a Drug Crime or is it a White Collar Crime?

Or is it both? Also, after reading relevant Virginia Code, it's my understanding that in the State of Virginia it is only possible to be granted an expungement if found not guilty or charges are dismissed by the prosecution. Is that correct?

Susan Fremit
Susan Fremit
answered on Feb 13, 2020

Yes, you are correct: only charges which have been nolle prosequi'd (withdrawn) or dismissed (and not via offender offender program) is a charge eligible for expungement. Even those charges which are eligible are not automatically expunged.

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1 Answer | Asked in Criminal Law, Banking and White Collar Crime for Virginia on
Q: What probable cause is needed to arrest a medical provider for credit card fraud? What about criteria for conviction?

Need guidance on arrest for credit card fraud that I did not commit. I have a clean record and work as a licensed therapist. I own a solo private practice in VA. Last week, I was unexpectedly arrested at home. I was handcuffed in my kitchen and escorted to the police car in the street (blocking... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 16, 2019

Great story, great defenses. Tell everything to a lawyer.

1 Answer | Asked in Criminal Law and White Collar Crime for Virginia on
Q: Does a search warrant hav 2 specifically name a room n the house. 4 example home owner rents rooms 2 different people.

I rent from the home owner 1 of the bedrooms of a house. There is other tenants n the home renting rooms from the home owner also.

Susan Fremit
Susan Fremit
answered on Mar 9, 2019

A search warrant does not need to specifically describe a room in a house; simply the name of the suspected person, the suspected evidence expected to be found, the location including address and the basis for the warrant. Assuming the renters have a lock on each of the rooms he/she is renting and... View More

1 Answer | Asked in Criminal Law and White Collar Crime for Virginia on
Q: Is an ip adress alone enough to get a search warrant And can a magistrate in Caroline county sign a search warrant 4 V.B
Beau  Correll
Beau Correll
answered on Jan 7, 2018

There is a difference between what is legally sufficient for a search warrant and what gets issued. This may rest upon whether the IP address is static or dynamic in nature. You should consult with an experienced attorney in this matter.

1 Answer | Asked in Criminal Law, Identity Theft and White Collar Crime for Virginia on
Q: I was sent what my bank has determined to be a fraudulent cashiers check by someone who clearly intended to defraud me

I did not deposit the check. Has any crime been committed?

Gary D. Godman
Gary D. Godman
answered on Sep 1, 2016

Possibly. If you are a victim of attempted fraud, you should contact your local police or sheriff's department. If the banking system is involved, other law enforcement organizations may need to know about the attempt.

1 Answer | Asked in White Collar Crime for Virginia on
Q: What amount of money constitutes a felony embezzelment charge
Susan Fremit
Susan Fremit
answered on Mar 31, 2015

Allegedly taking more than $200 from an employer is a felony embezzlement

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