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Virginia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Virginia on
Q: If a phone is in someone else’s name but I paid over $200 for it can they report it stolen if they didn’t pay for it.
F. Paul Maloof
F. Paul Maloof answered on Apr 9, 2020

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

1 Answer | Asked in Criminal Law and Juvenile Law for Virginia on
Q: Can I move out on probation if I’m considered ‘low-risk’ at 18?

(I’m on juvenile probation) I need to move out of an emotionally, verbally (and previously physically) abusive household with my mother, but I am on probation, my documents all say I am low risk, I only need to be seen once a month, but I’m not entire sure what that means. I just need to get... Read more »

David Joseph Dischley
David Joseph Dischley answered on Mar 31, 2020

Assuming you are 18 years old and on adult probation, the probation officer shouldn't have to contact your mother. Provided you are not ordered to remain in your current residence, talking through this issue with the Probation Officer should result in you being able to move provided it is in the... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: What can I be charged with for not being incarcerated but turned self in on time to start incarceration to be denied

The jail said they could not let me in and did not have any information on me. So I left.

Shemeka C Hankins
Shemeka C Hankins answered on Mar 23, 2020

Did you gather any information from the jail or anyone showing that you appeared? I would go back to the court and ask to have your matter placed on the docket to tell the court you tried to turn yourself in but were turned away. The responsibility is yours - no matter what happens - the court is... Read more »

2 Answers | Asked in Criminal Law for Virginia on
Q: I have a pending felony charge for possession of hash oil. The state legislature passed legislation decriminalizing

What will happen if/when the governor signs and the change takes effect? Is is it possible to get my court date be continued until 07/01 so I can be tried under the new/modified law? Thanks!

Susan Fremit
Susan Fremit answered on Mar 15, 2020

It will depend on the wording of the law whether it applies at the date of the offense or the date of conviction. You may already have a defense under the current law, so speak to you defense attorney.

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1 Answer | Asked in Criminal Law for Virginia on
Q: Does the charge exist or not? I cant find a record of it.

I was charged with a domestic violence charge several years ago and plead guilty, took the required courses... did 2 years good behavior. The case was dismissed and I cant find a record of the case in the virginia system at all. I'm wondering if it is showing up in background checks for jobs and... Read more »

Susan Fremit
Susan Fremit answered on Mar 15, 2020

Charges that involve juveniles or those like child endangerment & domestic assault are process in Juvenile & Domestic Relations court. Cases in that court are not posted on line. Yes, a domestic assault charge will likely show up on a criminal record check: that you were charge and it was... Read more »

2 Answers | Asked in Criminal Law for Virginia on
Q: Wht happens when the amount of drugs in the police report do not match the amount sent to the chemist for analysis
Brian M. Latuga
Brian M. Latuga answered on Mar 14, 2020

They seldom match. The police don’t send all the suspected materials to the lab. Only a minuscule amount needs to be tested for the suspected substance.

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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Virginia on
Q: Got first DWI in VA on felony probation. was told id be violated. been 3 months and nothing. do i have to be convicted?
Shemeka C Hankins
Shemeka C Hankins answered on Mar 12, 2020

You do not have to be convicted but sometimes this is the way that the probation officer will do it as long as you have let them know about the arrest. You are technically not in violation until you are convicted if the arrest is reported to probation as well.

1 Answer | Asked in Criminal Law for Virginia on
Q: Does this go on record?

Hello,

So recently in the state of Virginia my relative got into a heated dispute while at my parent's house with another family member. The police was called and my relative lost his temper and he physically struck my family member. The officer check his ID and told us they will leave him... Read more »

F. Paul Maloof
F. Paul Maloof answered on Mar 11, 2020

Generally in Virginia, a police officer has discretion to make an incident, such as the one your described, to be made a record. You should call the police officer and ask your question to him/her to find out the true facts.

1 Answer | Asked in Criminal Law for Virginia on
Q: My boyfriend was sentenced to 1 year 4months on a felony violation of probation charge in Virginia back in October.

He was arrested July and was in jail until a week ago, he was then taken to prison to get his DOC number and finish his time. I've contacted Doc but never been given a release date. Could you give me an estimate on a release date? Also the jusde did grant him the 41 days he had pulled before court... Read more »

Susan Fremit
Susan Fremit answered on Mar 10, 2020

Generally speaking, you take the time given and subtract the amount of time he has already done (41 days); he will serve 85% of the remainder.

2 Answers | Asked in Criminal Law for Virginia on
Q: My husband has violation of probation he has a hearing Monday for reinstatement and appoint counsel

Violation of probation

Commerced by Reinstatement

Currently in custody of Newport news city jail

Susan Fremit
Susan Fremit answered on Mar 7, 2020

Not sure what your question is. He has an attorney so he should speak ti him or her.

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1 Answer | Asked in Criminal Law for Virginia on
Q: If an underage individual were to overdose in a parked car in a parking lot (after curfew), would they take my license
Shemeka C Hankins
Shemeka C Hankins answered on Mar 3, 2020

Taking your license seems to be the least of your worries here. There can be a number of legal violations that arise from these actions and yes, one of those can be that they will take your license.

2 Answers | Asked in Criminal Law, Federal Crimes, Probate and Gov & Administrative Law for Virginia on
Q: Can my probation officer make me bring ib my pills that is a narcotic to my appointment

The office ia at the jail and I was thinking all I need to do is bring a print out of the script instead of the pills them self

Susan Fremit
Susan Fremit answered on Feb 26, 2020

Ask your probation officer whether you should bring the pills in their container or whether you should simply bring a pharmacy printout.

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1 Answer | Asked in Criminal Law for Virginia on
Q: Can I get an estimate of a possible sentencing for my friend?

A man a know was recently arrested. He is 19 years old. His charges are currently as follows: Armed burglary entering house with intent to murder/robbery, robbery of a residence with a gun, use of firearm in felony 1st offense, wearing a mask. He has never been in legal trouble before. How many... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Feb 24, 2020

Realistically, he should inquire from his lawyer what time he is potentially facing. Each one of those charges has range of time that is governed by the statute such as Armed Burglary is a Class 2 felony which is twenty years to life as a time of imprisonment. Use of a Firearm in the commission... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Did I break any laws by taking parts from the wrong car at a junk yard?

I found an SUV with a desirable stereo amongst other wrecked cars. During the middle of my part pull they informed me that it was not a junker but a re-po. Remember, no tags, doors unlocked, amongst other junk cars. Did I break any laws?

Shemeka C Hankins
Shemeka C Hankins answered on Feb 24, 2020

I guess the determination is did you take the parts away from the scene after being informed the car was for repo. Then you have committed crime of theft. You may have excuse for the actual removal of the stereo if you can show that a reasonable person would believe that the SUV was abandoned and... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Is it okay for my 15 year old daughter to hang out with a 21 year old as long as there's no sex
Shemeka C Hankins
Shemeka C Hankins answered on Feb 24, 2020

You seem to be making the nature of their relationship seem more of a dating relationship than "hanging out" when you bring up sex. There are things that are "not sex" that can be done between someone who is an adult and someone who is a minor (under the age of 18). Especially in the digital age... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: I was wondering what could possibly be the outcome at court for a class 1 misdemeanor for assault first offense?

I was intoxicated and argued with my husband and it got a little physical and was arrested for assault because he had a red mark on him .

Susan Fremit
Susan Fremit answered on Feb 22, 2020

Likely you will be offered a first offender program: complete anger management, alcohol treatment if alcohol involved and maybe community service for dismissal of charge. Such a route is never eligible for expungement but at least a conviction is avoided.

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2 Answers | Asked in Criminal Law for Virginia on
Q: How much is it to get a misdemeanor petty theft off your record and can I do it myself or do I need a lawyer

Expungement

Susan Fremit
Susan Fremit answered on Feb 18, 2020

If it is a conviction or dismissal pursuant to a first offender program, you cannot get it off your record (expunged)

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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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2 Answers | Asked in Criminal Law for Virginia on
Q: Can I get a lawyer for criminal law
Wilfred Yeargan
Wilfred Yeargan answered on Feb 11, 2020

Yes, you may hire a lawyer to defend criminal or traffic charges. The State of Virginia has its own attorneys called Commonwealth Attorneys to prosecute criminal and traffic charges. Contact an experienced attorney in your area for a consultation.

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1 Answer | Asked in Criminal Law and Military Law for Virginia on
Q: As a party to a conversation in the state of Virginia can i record a conversation if i have given consent to be recorded

As it pertains to Virginia Code 19.2-62 and 18 USC 251. also as it pertains to military matters not affecting national security

Shemeka C Hankins
Shemeka C Hankins answered on Feb 10, 2020

Since you are able to do research, you should also consult 19.2-61 and 18.2-420.2 - while you can give consent in VA as a one party consent state, there are stricter guidelines if this is a telephone conversation versus an in person conversation and whether or not that type of evidence can be used... Read more »

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