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Virginia Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law for Virginia on

Q: Can I get a 20+ year old Domestic violence charge overturned and cleared?

I was charged by (ex)wife, of Domestic violence for grabbing her in 1996. No arrest, Only offense. Was sent to anger management. and completed course. Had to do a records check recently and All records by court and police were purged after 10 years. Only thing left is a notation that the charge... Read more »

Gary Kollin answered on Sep 11, 2019

You can request the court to notate that the case is closed, etc.

You will probably have to notify her

I was recently successful for a client

1 Answer | Asked in Criminal Law for Virginia on

Q: Number of bond hearings allowed? Court date was put off til feb.2020 so will that help a person get bond?

Mother is also dying of cancer. Will that matter?

Bryan J. Jones answered on Sep 10, 2019

You can have a bond hearing in the district court and you can appeal to the circuit court and have another bond hearing. After that, you're entitled to more bond hearings if you can show that there's been a material change in circumstances. If there's been no change, other than the fact that more... Read more »

1 Answer | Asked in Criminal Law for Virginia on

Q: Can my husband be released from prison early if it is determined that he was given an outrageous amount of time

On a gun charge of which he had never been a felon before and was unaware of the gun where the arrest took place?

William Jaksa answered on Sep 9, 2019

There are a few essential pieces of information missing in your question. Was he found guilty after pleading or after a trial? The outrageous amount of time was his sentence? What was the amount of time he received? Will he be appealing his conviction or sentence? Has he been on probation or parole... Read more »

1 Answer | Asked in Criminal Law and Animal / Dog Law for Virginia on

Q: I got a puppy from someone and didnt pay can they press chatmrges on me

Gary Kollin answered on Sep 1, 2019

Did you steal it or did you get it with the intent to pay?

There is no debtor's prison

1 Answer | Asked in Criminal Law for Virginia on

Q: Can I cancel a polygraph test appointment with the police until I speak with an attorney?

Gary Kollin answered on Aug 31, 2019

Yes, you can cancel. You are never obligated to take a polygraph. Do not speak to the police until you speak to counsel

1 Answer | Asked in Criminal Law and Civil Litigation for Virginia on

Q: How do I get the papers a previous suit when my name is tied in it.

F. Paul Maloof answered on Aug 20, 2019

I do not handle criminal law matters. Sorry.

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on

Q: Am I required to provide my personal info to an officer if I call 911 for someone who was assaulted & left hurt?

I wasn't present on the scene of crime.

William Jaksa answered on Aug 10, 2019

In most jurisdictions, you never need to provide information to police. But don't lie or mislead the police, that could get you in trouble. Politely tell the police you were not a witness to the crime, you were not involved in the incident and your only involvement was to call the police to report... Read more »

2 Answers | Asked in Criminal Law for Virginia on

Q: If I plead guilty to a crime, can a jury still decide to drop all charges

This is a criminal case that's quite complex

Gary Kollin answered on Aug 4, 2019

no

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1 Answer | Asked in Criminal Law and Probate for Virginia on

Q: My bf is on probation and trying to move to Florida with my family and I. They denied him

They said his obligations weren’t met even though his job is down there. If him and I married would they make it a mandatory transfer because my family would turn into his family too

Richard Sternberg answered on Aug 3, 2019

It might be a good idea to have him discuss this with his criminal defense lawyer. Either way, the issue will be decided by Probation or by the judge, and a local, informed perspective matters.

1 Answer | Asked in Criminal Law for Virginia on

Q: Can an unauthorized use of motor vehicle Charge be dropped To A misdemeanor.??

Paula Hough answered on Jul 29, 2019

Yes. Per Virginia Code § 18.2-102 - the case can be charged as either a Felony or Misdemeanor. If you are charged with a felony, the case can be reduced to a misdemeanor if (a) there is not enough evidence to support a felony (i.e., the value is less than $200) OR (b) the Commonwealth's Attorney... Read more »

1 Answer | Asked in Criminal Law for Virginia on

Q: I am being charged with embezzlement from 2 and a half years ago. I left the company in Jan of 2017 they said I used my

Credit card with my name on it 2 times in February. One for 130.00 one for 122.00 can they charge me with felony embezzlement even though I was no longer with company

Paula Hough answered on Jul 25, 2019

Yes. If there are unauthorized charges on the card, it does not matter if you are no longer employed by the company. It is embezzlement if the alleged behavior occurred during your time as an employee.

1 Answer | Asked in Criminal Law for Virginia on

Q: Is It legal for a police officer to ask you for your identification if your not doing anything illegal.?

Gary Kollin answered on Jul 4, 2019

In a voluntary encounter a police officer can always ask. The question becomes whether you have to show it.

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on

Q: Am I in trouble for Fraud if I don't have access to money?

Am I in trouble for Fraud if I leave the founder role in the small group? I'm one of the founder who DOESN'T have any access to the money. There is about $7,000 in total and money comes from people and sponsors. Money is used to put up the website and set up something for member to talk on as well... Read more »

Bryan J. Jones answered on Jun 25, 2019

Your question is not clear. If you are saying that $7000 is missing from the group, then you could be charged with fraud if they can show that you took the money. If they cannot show that you can access to the money, then you probably won't be charged. Of course, if you helped someone take the... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Workers' Compensation for Virginia on

Q: If I was sexually assaulted & no one sent me to get checked out but 5yrs later I am now having major issues...

Happened in VA while at work with a client. No one made me get checked out. Therapy and psychiatrist bills due to PTSD were never paid by agency. Now I have had to have neck surgery due to an injury that most likely came from that. Can I file a work man's comp claim? I know it was never reported.... Read more »

F. Paul Maloof answered on Jun 23, 2019

I regret that I do not handle workman compensation claims or personal injury matters. Sorry.

1 Answer | Asked in Criminal Law and Juvenile Law for Virginia on

Q: My 16 year old son got caught with someone that had beer and weed on them what will happen

The cops just called for me to go pick him up

Paula Hough answered on Jun 17, 2019

Was your son charged? If not, nothing will happen to him. If he was charged, you should reach out to an attorney for advice and a consultation regarding the charge(es). Both underage possession of alcohol and possession of marijuana are criminal misdemeanor charges.

1 Answer | Asked in Criminal Law, Banking and White Collar Crime for Virginia on

Q: What probable cause is needed to arrest a medical provider for credit card fraud? What about criteria for conviction?

Need guidance on arrest for credit card fraud that I did not commit. I have a clean record and work as a licensed therapist. I own a solo private practice in VA. Last week, I was unexpectedly arrested at home. I was handcuffed in my kitchen and escorted to the police car in the street (blocking... Read more »

Bruce Alexander Minnick answered on Jun 16, 2019

Great story, great defenses. Tell everything to a lawyer.

1 Answer | Asked in Criminal Law for Virginia on

Q: If someone was on video taking from a pawn shop and admited to officer on phone What do they do next?

Officer called and wants to get item and take it back to pawn shop after I call him back at 330 tomorrow. What should I do? I don't know if charges are filed. I figure no if officer told me on phone to call tomorrow. He said not to go or contact pawn shop. I'm a regualr there. They know me well.... Read more »

Bryan J. Jones answered on Jun 14, 2019

The officer is likely trying to get you to incriminate yourself. It seems like you'll probably be charged with theft.

1 Answer | Asked in Criminal Law for Virginia on

Q: how to reduce malicious wounding and felony strangulation charges?

my boyfriend and i were having issues last week and we shoved each other i went to the hospital just to make sure i didnt have a concussion and the hospital called the police and now he has some serious charges. I need to help him he has young children that need him!

Paula Hough answered on Jun 6, 2019

You may be subpoenaed to testify against your boyfriend. You likely will both want to speak to separate attorneys.

1 Answer | Asked in Criminal Law for Virginia on

Q: My husband has been falsely accused of inappropriately touching a minor. The minor says it happened about 8 years ago.

Its been 8 years ago. Can they realy try to take this to court now on just her accusations?

Bryan J. Jones answered on Jun 5, 2019

They can take it to court if they have probable cause to believe a crime was committed. Just because the allegation is eight years old, does not mean they cannot pursue the charge.

1 Answer | Asked in Criminal Law for Virginia on

Q: I have been charged with Abduction : Deprivation of liberty ,

because my girlfriend got angry after reading a text from another girl and attempted throwing things around in room and breaking stuff in room.I held her hand to stop her and explain her and calm her down. She slapped me and i slapped her in self defense and then she punched me and i had injury... Read more »

Daniel P Leavitt answered on Jun 2, 2019

You definitely want to consult with a good criminal defense lawyer in the court your case is in. They will be able to review your case and locate any potential defenses.

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