My friend was accused in sexual battery and he has a court in 2 weeks. He doesn't know what happened or who accused him. Can we find out this information before the court date?
answered on May 27, 2023
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... Read more »
My 22 YO Daughter is the victim of Strangulation & Assault (2 counts of Abduction was dropped) by her then boyfriend. At the Prelim Hearing, the Commonwealth Attorney asked my daughter if she and the defendent were living together. My daughter said yes and ther next thing I know the case has... Read more »
answered on May 22, 2023
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... Read more »
What can I do to drop charges? It’s her first offense. What should we be expecting?
answered on Apr 25, 2023
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... Read more »
If he’s waiting to be sentenced for his federal gun case could they extend his sentencing for breaking the bond conditions and being involved in the hit and run?
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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... Read more »
My nephew has a felony record for possession from a few years ago and was wanting to come visit me, but I am a gun owner and dont know if he is allowed to come and stay for a few days? I don't want to give up my firearm but don't want to get him in trouble.
answered on Jan 25, 2023
It is unlawful for a felon to be in possession of a firearm unless they have had their right to possess a firearm restored. Possession can be actual or constructive and is very fact specific. Actual is obvious, but constructive can be tricky. In court, the questions considered for constructive... Read more »
I have never been in trouble before ever.
answered on Dec 21, 2022
Virginia law criminalizes the possession of a sawed-off shotgun under Virginia Code Section 18.2-300. In Virginia, possession can be actual or constructive. You should consult with an attorney to discuss the facts of your particular case and any defenses you may have. Its not wise to post... Read more »
I was set a bond when I was arrested and it was unsecured because I have no prior criminal record and I’m not violent or a flight risk.
answered on Dec 21, 2022
It sounds like you have already posted a bond and are scheduled for an arraignment. An arraignment is typically to determine if you have retained an attorney or need one to be appointed for you. You should not have a separate bond hearing unless the Commonwealth has filed a motion to revoke your... Read more »
My father and I got our green cards through my mother legally. If my mother commits a crime such as a larceny and gets deported, will my father and I lose our green cards as well since we got them through her? I'm not asking about an immigration crime , we got our green cards without any... Read more »
answered on Dec 18, 2022
No, ‘unless’ either of you are accused of being a part of the criminal scheme. If so, you can be charged, indicted, arrested, and possibly convicted. That may get you deported!
If your mother is involved in a crime, you ‘do not’ have an affirmative responsibility to report her to... Read more »
i was unable to pay 750 dollar tab. I was inebriated and spent a lot of money both on the debit and credit card. I also withdrew a lot from the ATM. Because of this Navy Federal placed an alert on my accounts. I was unable to pay. I attempted to pay with credit card, debit card, attempted to... Read more »
answered on Nov 4, 2022
A class 1 misdemeanor carries a range of punishment of 0-12 months in jail and a fine of $0-2500 if you're found guilty. It does not seem like you had the intent to defraud so an attorney should be able to get this dismissed for you I would think.
I wanted to tell My story because it was such a bizarre day and I informed 7 eleven of the incident and they did nothing. The manager was never punished but he's aware there's a warrant out for assault and he's been avoiding the store or atheist he hasn't been caught. Is it... Read more »
answered on Oct 18, 2022
As a general rule you cannot really completely insulate yourself from being sued. You do protect yourself a bit to the extent you are being completely truthful about what happened and couch your language in opinion or to the best of your recollection and avoid inflammatory labels... stick to the... Read more »
answered on Oct 12, 2022
Yes, probation violations may be brought after the period ends so long as the offense date was during the probation/ good behavior period. There are some exclusions due to time of filing, but typically the charge may be brought for up to one year after the end of probation.
My aunt and I own a home together. I live there. She never even goes there. She gave the police permission to search inside without my permission and opened the door for them when i wasnt there. Is this legal in virginia? This is my mailing address, I reside there. Not her. Was this illegal at all?... Read more »
answered on Sep 20, 2022
You say she is a part owner of the home, so it sounds like it is probably a good search. If you have a signed lease entitling you to sole possession and she has no right to possess/enter/inspect then maybe you have something to base that claim on but it seems unlikely.
answered on Sep 18, 2022
18.2-108. Receiving, etc., stolen goods.
A. If any person buys or receives from another person, or aids in concealing, any stolen goods or other thing, knowing the same to have been stolen, he shall be deemed guilty of larceny thereof, and may be proceeded against, although the principal... Read more »
answered on Sep 15, 2022
I think the rule of thumb is to expect 85 percent. That's not a hard and fast rule I don't think but that's been my experience on felonies in Virginia. So if my math is right that should be about 4 years 8 months then subtract any time served... but I believe this can vary.
It was dropped next day
answered on Aug 6, 2022
Your question is not clear --- assuming that you are asking "When the state drops the larceny charges, can I expect the police to return the "evidence" my belongings to me at that time?" Under Virginia and federal law, the state cannot take property from you without... Read more »
I hear prosecutors will do anything to hold you accountable for a criminal violating my rights and threaten my life and go as far as using my Facebook to prove that I’m not a perfect example of what a human specimen is supposed to be instead of focusing on the career criminal makes me more... Read more »
answered on Jul 28, 2022
Self defense in Virginia is a complex affirmative defense. The facts surrounding the incident will be paramount in whether or not such a defense is successful. Social media posts might be detrimental to such a defense if they show that the actions taken were potentially planned in advance, or a... Read more »
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answered on Jul 25, 2022
It depends on whether your prior conviction was a misdemeanor or felony, and if it was charged as a domestic assault and battery. If you were convicted of a felony you will need to petition a Circuit Court for the restoration of firearm privileges. If convicted of domestic assault and battery... Read more »
I am an employee of a major store. I reported an incident of a man that exposed himself in front of me to the managers. The police came and never spoke to me. I found out 2 weeks later that the man was found and summoned to court. Should I expect a summons as well?
answered on Aug 6, 2022
Paula Hough's answer is spot on. Since the incident took place in front of your managers, the Commonwealth Attorney and the police may feel they don't need you as a witness and you may not hear from them. However, you might want to read the following regarding your rights as a victim... Read more »
I am an employee of a major store. I reported an incident of a man that exposed himself in front of me to the managers. The police came and never spoke to me. I found out 2 weeks later that the man was found and summoned to court. Should I expect a summons as well?
answered on Jul 20, 2022
You should expect a summons to come to court as a witness in this case. If you have not been summoned, but wish to testify, you should reach out to the Commonwealth's Attorney (prosecutor) in the city/county in which the offense occurred to make sure that you do get a subpoena for the case.
Was in an atv accident with my daughter and a virginia state police charged me with reckless endangerment of a minor (no) and persuaded tennessee to extradite. I have not had my court date for the infraction to plead not guilty to this charge.
answered on Jun 9, 2022
It appears that Tennessee issued a warrant of extradition for a misdemeanor which is usually non-etraditable and the VA State police were simply following up that. You may want to ask your former Tennessee attorney for advice on what is going on there. Also advise that attorney that you want to... Read more »
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