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Virginia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Virginia on
Q: For Felony 6 and DV, arrested. Is there anyway not to get guilty?

My husband was arrested for felony 6 and DV against his girlfriend. He told me that they had argument and he strangled her with anger. It is his first time offence. He wasn't arrested at the scene, but after her girlfriend reported. I think she made big report against him. Is it possible to make... Read more »

Gary Kollin
Gary Kollin answered on Nov 2, 2019

Magic does not work. But getting a good attorney is a great start.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Virginia on
Q: So in this case they have no right to break into my house?

If this is the case who do I talk to to file and what should I say since the broke into the house vice going to court?

F. Paul Maloof
F. Paul Maloof answered on Oct 30, 2019

Either talk to the County Attorney's Office for criminal matters or the clerk's office for landlord-tenant matters.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Virginia on
Q: There was no rent and no lease. From what I've read this falls under Tennant at sufferance, but I'm unsure where to go
F. Paul Maloof
F. Paul Maloof answered on Oct 30, 2019

In Virginia, a tenant at sufferance is also known as a hold over tenant. You are required to follow the legal procedure to ask the Court for the return of possession of the premises.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Virginia on
Q: I gave 2 roommates a verbal notice of terms for eviction 2 months ago, they broke the terms 2 weeks ago and I kicked

Them out and expressed why as well as providing proof. The terms were no alcohol. We found 20 cans of Mike's and a small bottle of whiskey.

Those terms were given as well as any items in the house will be withheld, with the exception of personal necessities, to take care of a $1000 debt or... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 30, 2019

If the roommates did not pay the rent on time, then you can give them a written 5 day notice to pay or quit. On the 6th day, you can file an unlawful detainer in the General District Court for the county/city in which the property is located. You can seek an order of possession from the Judge.

1 Answer | Asked in Criminal Law for Virginia on
Q: I need to get record expunged. I am low on capital how do I do this?
Bryan J. Jones
Bryan J. Jones answered on Oct 29, 2019

You should go to your local circuit court and request a petition for expungement. You should fill out the form and pay the filing fee.

1 Answer | Asked in Criminal Law for Virginia on
Q: Is there a time limit on when a person with a felony can petition for a concealed weapons permit?

All rights except the fire arms have been restored

Shemeka C Hankins
Shemeka C Hankins answered on Oct 22, 2019

You can petition the court to get your rights restored as soon as all of your other rights are restored. there isn't a time limit but you do have to realize that a court will look at how soon your criminal behavior was to determine whether or not it is "too soon" to restore you rights to carry a... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: A 17 year old got charged with Larson petit. Will that charge follow him on his adult record if he turns 18 before court
Shemeka C Hankins
Shemeka C Hankins answered on Oct 22, 2019

The charge is still petit larceny if he turns 18 before he is convicted. The age change does not have any bearing on whether or not he is charged with petit larceny. However, there are difference sentencing options that can open up now that he would no longer be a minor. You should also get an... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: can a office enter the home w/ NO warrant invite cause charged for a still in 2 sep pieces NOT using for shine

sheriff enters home no invite no warrant no cause just walked in like he owned the place.

still was confiscated no signs of making moonshine the still was in an old trash barrel in 2 or more seperate pieces

Bryan J. Jones
Bryan J. Jones answered on Oct 22, 2019

It depends. There are some narrow exceptions to the warrant requirement.

1 Answer | Asked in Criminal Law for Virginia on
Q: What are the Statue of Limitations for being charged with Unattended Misdemeanor Hit and Run in Virginia?

My parked car was hit almost a year ago and am curious as to how long the SOL are.

Shemeka C Hankins
Shemeka C Hankins answered on Oct 15, 2019

Any misdemeanor offense has a statute of limitations of one year. If you are the victim, you should have reported this to the police. Unfortunately the more time that has passed, the likelihood of the police being able to do an effective investigation into who hit your car is low.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Virginia on
Q: Can the landlord charge me a fee to repaint after I’ve moved with no damage to the walls?
F. Paul Maloof
F. Paul Maloof answered on Oct 14, 2019

A charge to repaint the premises is generally stated in the lease to give the landlord that right. If the lease has that provision, then maybe the landlord has the right. If the lease is silent regarding that fee, the landlord does not have the right to charge that repainting fee.

1 Answer | Asked in Criminal Law for Virginia on
Q: Hey I I have questions about three misdemeanors

I have three misdemeanors on face in the court they are obstruction on a officer, public intoxication, misorderly conduct and I’ve already done the maximum penalty for misorderly conduct and public intoxication what do you think my outcome will it is my first offense

Shemeka C Hankins
Shemeka C Hankins answered on Oct 10, 2019

Every case depends on the specific facts of your case. It sounds like you don't have any prior record and this could be helpful to you. But in order to potentially keep your record clean, your best bet would be to get legal representation quickly in order to present any defenses you may have to the... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Virginia on
Q: what usually happens when charged with driving revoked (dui related) first offense
Shemeka C Hankins
Shemeka C Hankins answered on Oct 8, 2019

The answer truly is it depends. The facts from your underlying DUI will come into play, along with the facts of this offense. It is a class one misdemeanor and you can be sentenced to up to 12mos in jail and up to a $2500 fine. If you had a good behavior period on your underlying DUI, this could... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: What if a commonwealth attorney does not respond at all to expungement. Va law requires a response within 21 days
Shemeka C Hankins
Shemeka C Hankins answered on Oct 8, 2019

You should then motion the court to grant your expungement due to lack of response but you will more than likely still have to go before the judge and the Commonwealth will have an opportunity to present it's arguments at that point in time.

1 Answer | Asked in Criminal Law for Virginia on
Q: Helo with first offense mistameanor for possession.

I have never had a driver's license before. I was not driving. I am being charged with possession of marajuana (first offense mistameanor). My question is what the worst thing they can do as far as charges(I can't afford a lawyer so I will be representing myself). Particularly pertaining to the dmv... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Oct 8, 2019

Your charge can only be changed to felony if there are other factors such as the amount of marijuana, other drug paraphernalia, money you were carrying, other indicators of distribution because there is no felony level possession of marijuana, only distribution. For a first offense marijuana... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: facing false police report for lying on the stand to protect a very abusivea who threatened to kill me if I didn't
Shemeka C Hankins
Shemeka C Hankins answered on Oct 8, 2019

I'm assuming your question is what should you do if you are facing this charge. You need to seek an attorney to represent you as this is a class one misdemeanor. You need to discuss your options regarding the charge and tell the police about the threats, that's witness tampering which is a crime.... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Hello my son was in prison last year his girlfriend got caught on the outside now he has felony

From prison indictment

Susan Fremit
Susan Fremit answered on Oct 2, 2019

You have not asked a question. Can you resubmit your concerns by providing a question?

1 Answer | Asked in Criminal Law for Virginia on
Q: Whats the statute of limitations on class 6 felony for escape from a group home on conditional release
Paula Hough
Paula Hough answered on Sep 30, 2019

In Virginia there is no statute of limitations on felony offenses.

1 Answer | Asked in Criminal Law for Virginia on
Q: My husband found a lost dog. It did not have a tag showing the owner. He got charged with a felony

I didn't want the dog in my home so I let my neighbor provide for it. He got charged for my decision. Please help

Gary Kollin
Gary Kollin answered on Sep 26, 2019

He needs an attorney. Pay for one for him

1 Answer | Asked in Criminal Law for Virginia on
Q: How can I help my husband with his charges which resulted from my decision
Gary Kollin
Gary Kollin answered on Sep 26, 2019

It is possible

1 Answer | Asked in Criminal Law for Virginia on
Q: I press charges on someone they have a outstanding warrant do I have to show up for the court given
Bryan J. Jones
Bryan J. Jones answered on Sep 24, 2019

If you are subpoenaed to come to court, you will have to show up. If you're the one who pressed charges, you will probably receive a subpoena.

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