(I’m on juvenile probation) I need to move out of an emotionally, verbally (and previously physically) abusive household with my mother, but I am on probation, my documents all say I am low risk, I only need to be seen once a month, but I’m not entire sure what that means. I just need to get... Read more »
Assuming you are 18 years old and on adult probation, the probation officer shouldn't have to contact your mother. Provided you are not ordered to remain in your current residence, talking through this issue with the Probation Officer should result in you being able to move provided it is in the...Read more »
Did you gather any information from the jail or anyone showing that you appeared? I would go back to the court and ask to have your matter placed on the docket to tell the court you tried to turn yourself in but were turned away. The responsibility is yours - no matter what happens - the court is...Read more »
It will depend on the wording of the law whether it applies at the date of the offense or the date of conviction. You may already have a defense under the current law, so speak to you defense attorney.
I was charged with a domestic violence charge several years ago and plead guilty, took the required courses... did 2 years good behavior. The case was dismissed and I cant find a record of the case in the virginia system at all. I'm wondering if it is showing up in background checks for jobs and... Read more »
Charges that involve juveniles or those like child endangerment & domestic assault are process in Juvenile & Domestic Relations court. Cases in that court are not posted on line. Yes, a domestic assault charge will likely show up on a criminal record check: that you were charge and it was...Read more »
You do not have to be convicted but sometimes this is the way that the probation officer will do it as long as you have let them know about the arrest. You are technically not in violation until you are convicted if the arrest is reported to probation as well.
So recently in the state of Virginia my relative got into a heated dispute while at my parent's house with another family member. The police was called and my relative lost his temper and he physically struck my family member. The officer check his ID and told us they will leave him... Read more »
Generally in Virginia, a police officer has discretion to make an incident, such as the one your described, to be made a record. You should call the police officer and ask your question to him/her to find out the true facts.
He was arrested July and was in jail until a week ago, he was then taken to prison to get his DOC number and finish his time. I've contacted Doc but never been given a release date. Could you give me an estimate on a release date? Also the jusde did grant him the 41 days he had pulled before court... Read more »
A man a know was recently arrested. He is 19 years old. His charges are currently as follows: Armed burglary entering house with intent to murder/robbery, robbery of a residence with a gun, use of firearm in felony 1st offense, wearing a mask. He has never been in legal trouble before. How many... Read more »
Realistically, he should inquire from his lawyer what time he is potentially facing. Each one of those charges has range of time that is governed by the statute such as Armed Burglary is a Class 2 felony which is twenty years to life as a time of imprisonment. Use of a Firearm in the commission...Read more »
I found an SUV with a desirable stereo amongst other wrecked cars. During the middle of my part pull they informed me that it was not a junker but a re-po. Remember, no tags, doors unlocked, amongst other junk cars. Did I break any laws?
I guess the determination is did you take the parts away from the scene after being informed the car was for repo. Then you have committed crime of theft. You may have excuse for the actual removal of the stereo if you can show that a reasonable person would believe that the SUV was abandoned and...Read more »
You seem to be making the nature of their relationship seem more of a dating relationship than "hanging out" when you bring up sex. There are things that are "not sex" that can be done between someone who is an adult and someone who is a minor (under the age of 18). Especially in the digital age...Read more »
Likely you will be offered a first offender program: complete anger management, alcohol treatment if alcohol involved and maybe community service for dismissal of charge. Such a route is never eligible for expungement but at least a conviction is avoided.
Or is it both? Also, after reading relevant Virginia Code, it's my understanding that in the State of Virginia it is only possible to be granted an expungement if found not guilty or charges are dismissed by the prosecution. Is that correct?
Yes, you are correct: only charges which have been nolle prosequi'd (withdrawn) or dismissed (and not via offender offender program) is a charge eligible for expungement. Even those charges which are eligible are not automatically expunged.
Yes, you may hire a lawyer to defend criminal or traffic charges. The State of Virginia has its own attorneys called Commonwealth Attorneys to prosecute criminal and traffic charges. Contact an experienced attorney in your area for a consultation.
Since you are able to do research, you should also consult 19.2-61 and 18.2-420.2 - while you can give consent in VA as a one party consent state, there are stricter guidelines if this is a telephone conversation versus an in person conversation and whether or not that type of evidence can be used...Read more »
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