If a defendant enters a deferred disposition but but the prosecutor does not agree with the disposition can they still bring it up to a judge and have them decide?
Usually deferred dispositions have an understood outcome so once you get it you're usually good to go. But it's possible to defer disposition and order mitigation and leave the outcome open ended... so they might be consulted for their opinion but usually that's not the case.
You can hire any attorney you want.
Spouse had wife own businesses while she was alive because he had "no credit", got huge loans in her name as guarantor, sometimes under false assertions about losses (SBA EIDL), acted as manager in member-managed LLC without being a manager or member, after 23 years of marriage used... Read more »
Your description requires a series of follow-up questions, but other than the car registration, I don't see anything that is likely to excite a prosecutor. There may well be a question of undue influence or competence at the time she signed everything over to him, but you will likely need to... Read more »
My girlfriend’s son is involved in a large case in VA. His attorney said to him that prosecutor was possibly looking at her for manipulating a witness. What kind of attorney does she need to get,if any at all?
Your son's girlfriend will need a lawyer who handles criminal cases, as tampering with a witness is a criminal offense.
The petitioner alerted the court that I had sent her text messages. This was a violation of a no-contact protective order AND a no contact condition of a sentence that included 12 months of suspended time. However, she also sent text messages and engaged in several lengthy text conversations with... Read more »
Sounds like you're definitely in violation. Hire a lawyer to help minimize what they do.
Under 19.2-305 c, it states courts can’t keep you on probation due to court fines
You need to refer to 19.2-305(A), section C refers to supervised probation, and using fines and costs as being the only reason to keep someone on supervised probation.
The original charge is b&e and petty larceny of 500 or less from a person he had 3 years sentence with 3 years suspended. He picked up 2 new charges and being held without on 2 pb15 violations one fel and one mis. His probation said he absconded from probation but he fell threw the cracks he... Read more »
Without more information, it is not possible for an attorney to give you an estimated sentence. There are numerous factors which include his past criminal record, the number of probation violation, the amount of drugs in his possession, etc.
In 2017 I was brutally assaulted by 6 police officer during a mental health crisis. After I called an officer out for kicking me in the head he charged me with assaulting a police officer. I weighed 115lbs at the time. I was covered in bruises and my wrists were so swollen I couldn't be... Read more »
Unfortunately, you do not have any appeal avenues regarding the criminal matter available because of the passage of time beyond the deadlines.
If you want to seek possible civil rights claims against the police officers, you need to speak to an attorney that is an expert in those matters to... Read more »
Hello, my wife was subpoenaed to testify in a criminal case she witnessed. A long dispute between some neighbors escalated and resulted in 1 death by the use of a hand gun. My wife saw the events unfold while she was at home. Over the next several days detectives took statements from all the... Read more »
As a general rule, witnesses do not need representation. If there is any concern that she may implicate herself while testifying to that crime or any other, then you should consult an attorney before going to court.
Five officers dragged my face along a parking lot then covered it up by claiming I had a "Nose Bleed". I submitted hard evidence to prove my injuries were NOT from blunt force, but from dragging. Both the Civilian Board, Police Auditor or Internal Affairs did not consider ANY OF MY... Read more »
You can file a citizen complaint under Virginia code section 9.1-600. Your attorney should approach the Commonwealth’s attorney about the withholding of exculpatory evidence to see if he or she might reopen the case. This is serious misconduct. Talk with IAD again.
A detective showed up at my dad's door telling him that I need to get a hold of him by the next day or warrant will be issued. I contacted him via phone he won't tell me why or what or anything he just says he's going to give me an opportunity to cooperate and I don't know what... Read more »
You should not talk to the police without a lawyer present! Generally speaking, if the police have enough evidence for a warrant, they will get one, whether you talk to them or not. The police will use the "we'll take out a warrant unless you speak with us" tactic to get you to... Read more »
A witness may be asked about felony convictions and misdemeanors involving moral turpitude - lying, cheating and stealing. These types of crimes reflect on the credibility of the witness.
Yes.
I was a truck driver. I went into the 7 eleven due to a stomach ache for some Tylenol. I didn't see it so I decided to use the bathroom instead. There was an item in front of the door but no do not use sign or out of order sign. Like 5 minutes after I sat down a big loud man Congress banging... Read more »
A lot depends on what the person did, was it on video, etc. Certainly, there is no excuse for chasing someone out of a stall. However in most states emotional distress cases are difficult. You should consult with a member of the Virginia Trial Lawyers Association for the county where it happened.... Read more »
Between a 4 year olds words & an of age man words, court the judge convict the of age man with no evidence?
The court cannot find anyone guilty with no evidence. However any testimony, including a 4yo, is in fact evidence and they of course can find you guilty of there's enough evidence.
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.
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.
Generally, yes.
Different soverign, so double jeopary doesn't apply.
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... Read more »
my last theft was from 3 years ago and all I had for this new theft charge was a necklace and nothing else.
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 »
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 »
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 »
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