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Virginia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Virginia on
Q: If a sheriff deputy want to interview you because there is an accusation against you, do you need a lawyer present?
Faraji A. Rosenthall
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Faraji A. Rosenthall
answered on Jan 10, 2025

Yes, it better yet don't talk to them at all. Anything they say can and will be used against you. They can lie or trick you to get you to confess. You may not even know what the accusation is. They aren't asking because they want to hear your side, they are asking because they want to get... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Juvenile Law for Virginia on
Q: I’m on good behavior in a different county will a Fta misdemeanor cause me to violate

The good behavior is for two felonies POs. Of scheduled 1 or 2 on my juvenile record I caught the charges at 16 charges with them fully at 19 I was give 2 year 2 years suspended one year good behavior my new pending charge is a shoplifting misdemeanor for 10 dollar sunglasses and I accidentally... View More

David G. Parker
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answered on Jan 5, 2025

Good behavior violations are not governed by sentencing revocation report guidelines. If you were still under a term of good behavior when you committed a new violation of law, it's possible that you will face a good behavior violation on your old case. But not all good behavior violations are... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Speedy trail and rights to get a fast court date and not be held

And is it possible to get a court appointment lawyer before you go to court

David G. Parker
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answered on Jan 5, 2025

There is constitutional speedy trial (which depends on the circumstances of your case) and statutory speedy trial. Statutory speedy trial kicks in once a felony charge has been certified by the grand jury. The government has five months (if the defendant is held in custody) or nine months (if the... View More

2 Answers | Asked in Criminal Law for Virginia on
Q: I have a Fta from Nov 7 warrant wasn’t issued till the 20th will I get bond

Original charge is shoplift misdemeanor there were sunglasses I never took them but the store pressed charges so I got a summons I missed my court date due to an concussion I surfed due to a car wreck the day I got my summons never been in trouble in this county I have paperwork to back up... View More

Daniel P Leavitt
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answered on Jan 3, 2025

You should retain an attorney so they can represent you on these. Courts often do issue no bond warrants when people fail to appear in court. So you will want someone to represent you and to be able to schedule a bond hearing. If not you would need to request a court appointed attorney after you... View More

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2 Answers | Asked in Criminal Law for Virginia on
Q: I have a Fta from Nov 7 warrant wasn’t issued till the 20th will I get bond

Original charge is shoplift misdemeanor there were sunglasses I never took them but the store pressed charges so I got a summons I missed my court date due to an concussion I surfed due to a car wreck the day I got my summons never been in trouble in this county I have paperwork to back up... View More

David G. Parker
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answered on Jan 4, 2025

If you don't have a lawyer appointed to represent you, you should consider hiring a lawyer. If you had a medical issue that affected your ability to keep track of the court date then you will want documentation to substantiate that. You will also be better served by turning yourself in... View More

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1 Answer | Asked in Criminal Law for Virginia on
Q: I accidentally missed my court date due to a concussion from a car wreck will I get bond original charge misdemeanor

Shoplift sunglasses like 15 bucks I didn't take them but clean record expect traffics and juvenile record in a different county never missed court before

Daniel P Leavitt
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answered on Jan 3, 2025

If you can try to line up a lawyer and a bonds person. Usually they give a bond on misdemeanors but when you miss court sometimes they issue a no bond capias so you may have to have a bond hearing and that can take 2-5 days, or longer if you don't have a lawyer. But it all starts with turning... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Can I sue my molester, if too late to press charges?
David G. Parker
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answered on Dec 6, 2024

There is no statute of limitations for felony offenses. That being said, it may be difficult to convince an investigator or the Commonwealth's Attorney's Office to charge someone depending on the length of time that has elapsed since the incident(s) you reference. That will depend on the... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Are FRTs legal in the state of Virginia?

I'm wondering if they violate the 2020 law that was passed regarding trigger activators. The device doesn't explicitly use the recoil energy of the firearm to function the same way a bump stock does, but does use the rearward bolt movement of it to function. I asked the state police but... View More

David G. Parker
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answered on Nov 12, 2024

Litigation at the federal level regarding forced reset triggers seems to be ongoing. The latest ruling I could find is from Texas, where a federal district court ruled against the ATF this summer regarding seizure of these devices. In Virginia, the closest controlling statute I could find is §... View More

2 Answers | Asked in Criminal Law for Virginia on
Q: My boyfriend sent me threats over the phone. So when I seen him By my neighborhood.I hit him with my car.

Do we both get in trouble? Do I get in trouble? Or Do he just get in trouble because of the threats.

David G. Parker
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answered on Nov 11, 2024

You can act in self-defense in certain situations. Whether you committed a crime will depend on a number of factors, including the nature of the threats against you and his behavior in the moments before he was struck by your vehicle. It's not clear from your post whether anyone has been... View More

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1 Answer | Asked in Criminal Law for Virginia on
Q: Non violent 2nd degree burglary charge that has been expunged in south carolina, can I possess an antique firearm in va?
David G. Parker
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answered on Oct 31, 2024

Merely having been accused of something that has since been expunged should not disqualify you from possessing, purchasing, or transporting a firearm in Virginia. If you had received a felony conviction, you would want to get your firearm rights restored before attempting to possess or purchase an... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Trying to obtain transcript of a specific court date in PW County Virginia criminal court case in which I was the victim

No transcripts were received with my FOIA request from the court. The company who has the transcript quoted cost of $600. As the victim in this case, are any options available to obtain a copy for free?

I later sent this to the court:"Virginia Law § 19.2-165,The reporter or other... View More

David G. Parker
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answered on Oct 30, 2024

Unfortunately, FOIA involves the requesting party having to pay for the reasonable costs of production. Additionally, the statute you cite includes the following language: "Upon the request of any counsel of record, or of any party not represented by counsel, and upon payment of the reasonable... View More

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1 Answer | Asked in Criminal Law and Employment Law for Virginia on
Q: Will my Sterling background check include a pubic intoxication that was nolle prosequi dismissed?
Daniel P Leavitt
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answered on Oct 22, 2024

Generally a charge is either nolle prossed (decline to prosecute) or dismissed. Those often do show up on background checks. You can likely get the record expunged depending on how it precisely was dismissed or dropped... sometimes you cannot expunge them. You might want to find out if you can get... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I was detained at Walmart and given a court date for 10/28 (arraignment). Is there additional charges against me?

I mis scanned a few items during self checkout ($40 worth) I was stop by a guy and told to go in the security room. He checked my receipt and saw I had mis scanned a few items and asked why? I told him I was in a rush and it wasn’t intentional. He asked if I had my id which I didn’t because I... View More

Daniel P Leavitt
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answered on Oct 20, 2024

Yes they are trying to build a case against you. That's why they were asking you questions. You can expect that they will review any prior visits to that store. I've seen clients go from one charge to 11 charges. So if you have a history of doing this then I think more charges might come... View More

1 Answer | Asked in Criminal Law, Personal Injury and Health Care Law for Virginia on
Q: I recently found out that I had a surgical procedure performed by an unlicensed individual, can I initiate a lawsuit?

I had a hair transplant procedure at Virginia Surgical Center in Virginia Beach. They’ve been exposed recently for performing unlicensed surgical procedures. I was not aware at the time of my procedure that these individuals lacked medical education, training, and licensure.

I am... View More

David G. Parker
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answered on Oct 17, 2024

I recommend that you consult with a lawyer who handles plaintiffs' work in the Virginia Beach area. Make sure that you preserve all evidence (photos, etc.) of these issues, as well as of your medical appointment itself (bills, etc.). There's no shortage of firms handling such work. You... View More

3 Answers | Asked in Bankruptcy, Consumer Law, Criminal Law and Immigration Law for Virginia on
Q: what should be done to avoid criminal proceedings or any other proceeding for credit debt default judgement ?

Credit card maxed out by doing balance transfer amount is 4000$

I was using the same credit card for 3 years in the past

I have moved out of USA as wife lost job

Warrant in debt filed after 3 years I left the country

Hearing happened the same year but I was not in... View More

Martha Warriner Jarrett
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answered on Oct 15, 2024

From the facts that you give, it is likely that the statute of limitations has expired and that the creditor can no longer collect on any debt. However, if the creditor got a judgment against you, because you didn't appear, then the judgment may still be valid and collectible if and when they... View More

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1 Answer | Asked in Criminal Law for Virginia on
Q: We were pulled over because the bed of the truck was primer gray , different then title . Didn't ticket . But asked to

Search truck was told no . Then brought I. A dog , no tickets for the reason they stopped us. Is that legal

Daniel P Leavitt
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answered on Oct 12, 2024

If you are lawfully pulled over they can extend a lawful stop for a time to run dogs around the car.

I'm not certain based on what you told me that the stop was indeed lawful. It doesn't take much, but I think it might take more than that. I'm not sure how they would try to...
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1 Answer | Asked in Criminal Law for Virginia on
Q: I have Ben accused of a concealment charge and I have a prior charge of peace and good behavior with 5 years hanging

Public def wants to settle on 30 days suspended but this will violate peace and good behavior what can I do

David G. Parker
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answered on Oct 4, 2024

Explain the circumstances of that other case to your lawyer. They should hopefully be able to give you advice on how a plea on the current charge could affect a good behavior violation. If the potential good behavior violation is in the same jurisdiction, sometimes the prosecutor could agree not to... View More

2 Answers | Asked in Civil Rights, Federal Crimes and Criminal Law for Virginia on
Q: will convictions of felony eluding (5 yrs. old) and Grand Larceny (7 yrs. old) prevent me from being certified in va

I'm a convicted felon and just enrolled into college studying (BA) Psychology. I want to become a substance abuse counselor.

David G. Parker
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answered on Sep 24, 2024

The Virginia Board of Counseling seems to have broad discretion on certification decisions. There does not appear to be any conviction that would act as an automatic bar to certification. Each candidate appears to be evaluated on a case-by-case basis. For more information, the Board of Counseling... View More

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1 Answer | Asked in Criminal Law and Sexual Harassment for Virginia on
Q: My 21 year old daughter just told me that when she was in 5th grade a teacher did some very inappropriate things.

He was dismissed from the school bc of another incident. What to do

David G. Parker
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answered on Sep 23, 2024

There is no statute of limitations on felony offenses in Virginia. I obviously do not know what specifics act(s) your daughter is alleging, but a felony offense could potentially be prosecuted even after more than a decade. If your daughter suspects a crime happened and wishes to report it, she... View More

1 Answer | Asked in Criminal Law and Wrongful Death for Virginia on
Q: I believe my Aunt was murdered and her case was ruled a suicide. What can I do? Can I get access to any evidence?

Multiple stabs wounds

David G. Parker
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answered on Sep 22, 2024

I would recommend first that you attempt to meet with the Commonwealth's Attorney for the jurisdiction where this happened. Such a meeting would give you an opportunity to voice your concerns about the investigation and possibly get some answers from the lead prosecutor as to why no criminal... View More

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