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Virginia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Virginia on
Q: Hi, I have been subpeonaed as a witness for a case involving a woman driving erratically. Do I have to attend?

The court only convenes on Tuesdays, the one day a week I have an office rented and see most of my mental health clients. I can't switch the day and that is my money to live on, as well as my clients need their sessions. Is their an option like a recorded statement that I can legally request.

Paula Hough
Paula Hough answered on Jul 22, 2021

If you are subpoenaed, you are legally required to attend court. You may want to reach out to the Commonwealth's Attorney (prosecutor) in the jurisdiction where you have to go to Court. He or she may be able to help you avoid coming to court, or explain your options if you do not appear.

2 Answers | Asked in Criminal Law for Virginia on
Q: Can the state pick a charge up on you if they dismissed the charges for a federal indictment
Bernard Crane
Bernard Crane answered on Jul 19, 2021

Generally, yes.

Different soverign, so double jeopary doesn't apply.

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1 Answer | Asked in Criminal Law and Health Care Law for Virginia on
Q: What can I do for a family member that is incarcerated and needs psychiatric care?
Bernard Crane
Bernard Crane answered on Jul 19, 2021

Where is he in the process? Is he pretrial, presentence, or serving a sentence?

If he is being held pretrial or presentence, talk to his attorney right away. The attorney will know what resources are available locally to help, and how to get the Pretrial Services Agency or the jail to do...
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1 Answer | Asked in Consumer Law, Criminal Law and Federal Crimes for Virginia on
Q: Hi. I was wondering during if I would go to jail for a second theft charge?

my last theft was from 3 years ago and all I had for this new theft charge was a necklace and nothing else.

Bernard Crane
Bernard Crane answered on Jul 19, 2021

Its almost impossible to answer this question in a vacuum. There are too many variables. You say your "LAST" theft charge. You didn't say your "only other" theft charge. If this is your third or more theft charge, there is a higher probaility of at least SOME jail time.... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Can a judge add specific wording to a binding plea agreement?

We are in WV. My husband signed a binding plea agreement and one of the details was inpatient substance abuse treatment. While at the hearing, the prosecutor insisted on "long term" inpatient treatment, which was not in the original agreement. The judge subsequently added "long... Read more »

Bernard Crane
Bernard Crane answered on Jul 19, 2021

First off, "long term" treatment doesn't mean what it used to. Thirty years ago long term treatment was 1 1/2 to two years - or in some rare cases three years. As treatment got more expensive and more people started needingt it, it shrunk to one year, then 6 months, then 120 days,... Read more »

1 Answer | Asked in Contracts, Criminal Law, Internet Law and Juvenile Law for Virginia on
Q: Can they take my daughter or me to jail for fraud

My daughter had an Instagram (made her delete it) she’s 16 and wants to become a model. Someone approached her saying they were a company, everything was pretty suspicious from what i saw. She said she was interested and filled out a form asking about measurements, phone number, address, model... Read more »

Steven Krieger
Steven Krieger answered on Jun 1, 2021

A contract with a minor is usually unenforceable and it doesn't seem like a criminal violation if they gave her the money (as opposed to her stealing the money). If she's contacted by law enforcement, reach out to a lawyer ASAP. I'm sure anyone who responds would be happy to help. Good luck.

2 Answers | Asked in Criminal Law, Civil Litigation and Probate for Virginia on
Q: Is it unusual for a judge to do searches on the internet of the Plaintiff and defendant in cases they hear?
F. Paul Maloof
F. Paul Maloof answered on May 10, 2021

I do not handle criminal law matters. Sorry.

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2 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Virginia on
Q: How can I get a subpoena without a lawyer? May I object to questions on interrogatories due to dress?

How can I get a subpoena without a lawyer?

May I object to questions on interrogatories due to dress? The questions are absolutely placing me under duress and giving him all of the criminal evidence used against him

Sonja Aoun
Sonja Aoun answered on Apr 29, 2021

In some cases, you may request the clerk's office to issue a subpoena for you. The clerks cannot give you advice about how to request the subpoena, but many courts have forms available. A good place to start is the website of the court your legal matter is in. The Supreme Court of Virginia... Read more »

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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... Read 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 Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Virginia on
Q: My daughter was arrested at court today she had ask to fight her case they are trying to force her into signing a plee

Is that legal to knowingly give a false statement and sign when it's a lie

F. Paul Maloof
F. Paul Maloof answered on Apr 19, 2021

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

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and DUI / DWI for Virginia on
Q: I live in Virginia and need to take ASAP classes, now that marijuana is legal here should I worry about testing positive

The law goes into effect on July 1st, and my first intake appointment isn’t until May 12

Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer answered on Apr 9, 2021

Absolutely, alcohol is also legal but the condition of your ASAP supervision requires no drugs and no alcohol.

1 Answer | Asked in Criminal Law, Federal Crimes and Military Law for Virginia on
Q: Do military police count as “law enforcement”?

I am active duty and live in Virginia where open carry is legal. My question is, a lot of establishments ban open carry unless you’re law enforcement. I’ve seen different things online, but are we still technically law enforcement?

Matthew Crowley
Matthew Crowley answered on Mar 30, 2021

Neither the Commonwealth of Virginia nor the federal government recognize you as a law enforcement officer. You don't have the ability to arrest or do any of the other things that are unique to police powera. That having been said, this is really more about the rules a private entity has set... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: If I or someone in my family is currently being blackmailed or extorted.. what do we do? Contact the authorities?

I have an investigator.. do we contact lawyer or authorities?

Susan Fremit
Susan Fremit answered on Mar 19, 2021

Might be better to seek an attorney’s opinion in the county where you live

1 Answer | Asked in Criminal Law for Virginia on
Q: My ex boyfriend told me I could keep my cat when I move out but now he’s saying I can’t

I have been living at the location for over a year and I have residency. I moved out about a day ago and he told me over text once I move into a new place I can come and get my cat. Now he’s saying I can’t come and get him taking back what he said. I have text proof of him saying I can come get... Read more »

Susan Fremit
Susan Fremit answered on Mar 18, 2021

Why not go to the magistrate's office in the county where your ex lives and ask for charge to be brought against him. If you simply go to the house to get your cat, he may have you charged with robbery or theft.

1 Answer | Asked in Criminal Law for Virginia on
Q: My brother has some pretty serious charges in the state of VA. He also has 4 violation of probation charges.

He is stating that all the charges are being dismissed and he gets out of jail in a few months and all he is going to have to do is go to rehab. Is this possible? Wondering if the courts may charge him with the violation charges because he has 8 years hanging over his head.

Susan Fremit
Susan Fremit answered on Mar 17, 2021

What you are saying does not sound correct. The fact that he is serving time in jail and then being released implies that he likely has a suspended sentence hanging over his head and he will need to report to probation. If he was on probation and caught the newest charges, he could well be facing... Read more »

1 Answer | Asked in Criminal Law and Divorce for Virginia on
Q: Is this considered physical abuse? A husband and wife are in a heated argument. It escalates into a war of words.

He decides he now wants to move out of their shared room. He goes to a guest room and is trying to move some of her stored stuff out, so he can move in there. She says I will move my stuff myself, and for him not to touch her stuff.

He proceeds to start dumping her stuff rudely in the... Read more »

Susan Fremit
Susan Fremit answered on Mar 10, 2021

The scenario describes an assault and battery. Call the police or go to the magistrate’s office to bring charges.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Virginia on
Q: A state appeal is pending taking longer than 12 months does that increase success rate?
Charles William Michaels
Charles William Michaels answered on Mar 2, 2021

Generally, no. The appeal decision could be delayed by many reasons, some not having anything to do with the case.

2 Answers | Asked in Criminal Law, Banking, Civil Litigation and Federal Crimes for Virginia on
Q: Is it a crime to deposit/cash a check if it is to 2 named people, he signed the back twice and she didn’t sign

My sister and her husband are going through a bad divorce. He left two weeks before the birth of their last kid. She has the house. He filed taxes jointly, and the federal return came to the house. She held it and they came to an agreement on how to spend it. It was only in a text so nothing... Read more »

Kelly L. Vasta
Kelly L. Vasta answered on Mar 2, 2021

I would recommend taking the copies of checks you have along with these facts to your local magistrate or police department to discuss the options of pressing charges.

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2 Answers | Asked in Criminal Law, Domestic Violence and Juvenile Law for Virginia on
Q: Can your mom send you a trespassing notice and have you arrested if you go near her property?

My parents are separated and going through a legal divorce. After my mom cheated on my dad and moved in with her boyfriend she and her boyfriend who has a criminal record have been threatening me and my little siblings. She recently sent a trespassing notice to my family saying we could not be near... Read more »

Susan Fremit
Susan Fremit answered on Feb 28, 2021

Since your sent you a no trespassing notice and you acknowledge receipt of that notice by tearing it up and throwing it at the front door of where she lives, she can now call the police, if you go on her property, and have you charged with the criminal misdemeanor of trespassing. She can also look... Read more »

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1 Answer | Asked in Criminal Law for Virginia on
Q: Can a cop ask you to pull down your mask or something like that so they can "get a better look at your face"?
Susan Fremit
Susan Fremit answered on Feb 23, 2021

This depends on the entire facts surrounding the situation. If the officer has a reasonable suspicion that someone has committed/is committing an offense, and that officer can requests that an individual lower his/her mask in order to make a positive identification. I don't believe a Court... Read more »

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