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Public def wants to settle on 30 days suspended but this will violate peace and good behavior what can I do
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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 
I'm a convicted felon and just enrolled into college studying (BA) Psychology. I want to become a substance abuse counselor.
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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
He was dismissed from the school bc of another incident. What to do
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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
Multiple stabs wounds
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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
Will a sealed conviction need to be disclosed on an immigration application?
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answered on Sep 17, 2024
Not likely; Rule 1:1 of the Rules of the Supreme Court of Virginia states that the conviction and sentencing order in your criminal case has long since been made final.
There is, however, a new law that should come into effect next year that may allow you to petition to have your felony... View More
I completed 10 hours of community service between May 1st and 18th. I brought this to the judge on May 30th. The judge assigned me 20 hours of community service. Do I need to do 10 additional hours or 20 in total?
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answered on Sep 15, 2024
Without being there I couldn't tell you. I recommend calling the clerk's office for the court in question and asking if there are any notes on your warrant or summons that indicate what the judge wanted. At the very least, you can tell the judge you double-checked with the clerk's if... View More
I took about $100 worth of items from a car. I gave the items back to the officer so they got their stuff back. The officer specifically told me that she seen the video and had a list of the missing items which she lied and did not and coerced me into telling her I did it and threatened me and my... View More
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answered on Sep 15, 2024
If you have been charged with an offense it is always better to turn yourself in rather to be arrested at an inopportune time by an officer. I recommend doing so early in the work week so that if for some reason the magistrate holds you without bond you won't sit around all weekend in the... View More
My fiance is incarcerated we have zero income now,, he is charged with enter structure, poss. Of burglary tools,
petite larceny. Accused of these crimes because fiancee vehicle license plate was seen on flock camera in the area , vehicle matching description was seen on camera a block... View More
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answered on Sep 13, 2024
Unfortunately you generally can get court appointed/public defender or retain an attorney you choose. The standard is not extremely high and most court appointed attorneys and public defenders meet that minimum level. But if you're not happy you would likely need to hire an attorney. If... View More
I was convicted in 1993 of a felony, under code 19.2-341 after 20 years im no longer required to pay those fines, but the code has since changed, am i still under the guidelines of the old code? From when i was sentenced?
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answered on Aug 14, 2024
As you correctly point out, at the time of your conviction the government was limited to a period of 20 years for the recovery of unpaid fines/penalties. The law prohibits "ex post facto" laws that update penalties and punishments after the fact. On the other hand, "procedural"... View More
I was out on probation for shoplifting alcohol at college. my probation officer said i only needed to come to a few meetings since i would be leaving to go back home in a month. I went to 2 then slept through the 3rd and she called me wanting to reschedule but i never contacted her because i was... View More
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answered on Aug 14, 2024
The best thing you can do is to contact your probation officer as soon as possible. Probation officers have discretion on whether to report a violation to the trial court and so it is in your best interest to re-establish contact. With any luck, you can smooth things over with your probation... View More
Can you have a firearm in a house with prohibited person that doesn't have access to the firearm
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answered on Aug 1, 2024
Yes. Another person's loss of firearm privileges does not eliminate your own. That being said, you will want to make reasonable efforts to ensure that the firearm remains outside of their possession and that it is not readily accessible by the prohibited person.
4 Had a state police officer show up today and I am in another state helping a friend fix his house. This is not a job but a favor. Fiance who opened door was asked if I live there, I do. Cop wanted to know where I was, this was a home check. She told him off in TN helping a friend for a few days.... View More
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answered on Aug 1, 2024
The Registry Act focuses on keeping your "residence" up-to-date with Virginia authorities; it doesn't have any obvious prohibition on temporary movement outside of the Commonwealth to another state. There is a statutory registration requirement within 3 days for people coming into... View More
If I cohabitated with a domestic partner and they did not include me or my income on the ebt/welfare application, can I get in trouble if I report her after the fact. I knew she did it but I didn’t make enough to support all of us so I turned a blind eye. I did not submit the application but she... View More
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answered on Jul 8, 2024
An accessory before the fact in a felony is punished the same as the principal offender. To prove it, there must the commission of a crime by the principal, the accessory's absence at the commission of the offense, and (before the commission of the crime) the accessory was in some way... View More
I was pulled into a camera room and was completely honest with the woman as I was giving back. I completely complied with the officers as well and had a clean record prior. They gave me a court summons paper and then let me go. I haven’t heard anything from them, no mail or calls. I live in... View More
answered on Jun 24, 2024
Go to the court clerks office, request the assistance of the public defender or court appointed counsel, complete the paperwork, and if you qualify you’ll be assigned counsel to help you. You need to actively get yourself an attorney, nobody from the court or elsewhere is going to reach out to... View More
I was pulled into a camera room and was completely honest with the woman as I was giving back. I completely complied with the officers as well and had a clean record prior. They gave me a court summons paper and then let me go. I haven’t heard anything from them, no mail or calls. I live in... View More
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answered on Jun 30, 2024
Your first court appearance should be an arraignment, at which time the judge will ask if you're seeking a court-appointed lawyer. I recommend hiring or (if you cannot afford to hire) requesting a court-appointed attorney to assist you in your defense. Also, Virginia has a 1st-offender... View More
I was never able to present my evidence & my lawyer never answered my emails/calls he just worked out a plea deal and told me to agree. Since this the police has blocked who made claims against me from doing so again for false claims, I did not qualify for mental health & the case will be... View More
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answered on Jun 21, 2024
Based on the situation you've described, you may have some legal options, but pursuing them successfully could be challenging. Let's break down the potential avenues you might consider:
1. Suing the court/county:
Generally, courts and government entities have sovereign... View More
In the decision it is stated:
"In Heller, McDonald, and Bruen, this Court did not “undertake an exhaustive historical analysis . . . of the full scope of the Second Amendment.” Bruen, 597 U. S., at 31. Nor do we do so today. Rather, we conclude only this: An individual found by a... View More
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answered on Jun 21, 2024
This is a complex legal question that touches on recent developments in Second Amendment jurisprudence. I'll break down the key points and provide some analysis, but please note that this is a rapidly evolving area of law, and you should consult with a licensed attorney for the most up-to-date... View More
My lo is in jail serving his 18 month sentence. He is set to be released on 7/2. While in jail he got charged with another crime- Same crime. White collar crime. What is the likelihood of him getting a bond? Should I expect him to be released on 7/2. I have a lawyer for him and he is going to... View More
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answered on Jun 13, 2024
He is entitled to a bond on the new charge unless a judge or magistrate finds by probable cause that: 1. He will not appear for trial or hearing or at such other time and place as may be directed, or 2. His liberty will constitute an unreasonable danger to himself, family or household members, or... View More
A person who is a level 3 offender and has to be on the sex offender registry their actual charge was murder of a baby under 2yrars old but my question is what is the law in regards to them being around other children?
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answered on Jun 6, 2024
A tier III offender will have lots of restrictions on their contact with children. They cannot have a residence within 500 feet of any daycare, school, or public park. They may also not loiter within 100 feet of any of those places as well as gyms if their purpose was to seek contact with children.... View More
answered on Jun 28, 2024
TSA has access to the FBI National Crime Information Center Database. While TSA might not always check state warrants, you should take care of the outstanding warrant before boarding any aircraft. Even for minor issues such as a suspended license.
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