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Virginia Criminal Law Questions & Answers

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.

1 Answer | Asked in Traffic Tickets and Criminal Law for Virginia on

Q: Can I get my license suspended if I received one speeding ticket this year, one in 2018 and two in 2017 ?

Daniel P Leavitt answered on Jun 1, 2019

It depends on your age and prior driving record. If you're licensed in Virginia and 20 or older it doesn't sound like it would get suspended. The court can suspend if it's reckless driving by speed though.

1 Answer | Asked in Criminal Law for Virginia on

Q: My husband and i was charged with welfare fraud and perjury

i was the one not at the address permanently so i plead guilty. At the time we were not married and i was ordered to stay with my kids elsewhere. I had done the applications for emergency assistance in the past. He had only applied this one time. We are now married and are trying to get help on... Read more »

Daniel P Leavitt answered on May 23, 2019

He should consult with a lawyer in the location he's charged.

2 Answers | Asked in Criminal Law and Traffic Tickets for Virginia on

Q: case dismissed one month found guilty the next? what can be done about this?

4/09/2014 case dismissed (Expired Registration) case dismissed

5/29/2014 found guilty (Expired Registration) guilty

Jun 30 2014 License suspended by dmv

Nov 2014 license surrendered no prior knowledge of license suspension until this date when I was informed by chesterfield... Read more »

Paula Hough answered on May 19, 2019

It appears from what you've written that the DMV suspension was for not paying fines and/or costs for the May expired registration charge.

I do not know the facts of either of the expired r

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1 Answer | Asked in Criminal Law for Virginia on

Q: My son get this charge. What is the meaning of this offense in common words please? He was under drugs effects or what?

Paula Hough answered on May 16, 2019

Thank you for your question. It is unclear for what offense your son has been charged. Please provide a code section (it will usually start with "18.2-...") or the name of the specific charge.

1 Answer | Asked in Criminal Law for Virginia on

Q: Ex admitted during testimony to throwing mail in the trash, a felony. What REALISTIC legal measures can we take now?

Son's ex had him in court today in Virginia for something stupid that was ultimately dismissed. During TESTIMONY she mentioned mail he hadn't know of that she "finally just started throwing it in the trash". A felony! Everyone (judge, attorney, etc.) ignored it to focus on the current case, but now... Read more »

Bryan J. Jones answered on May 6, 2019

Only the police can charge people with felonies so you would have to report it to the police and ask them to investigate.

1 Answer | Asked in Criminal Law for Virginia on

Q: how can I be arrested for a finalized case?

I was arrested and found guilty served 30 days jail and issued no probation in 2015.court papers even say this very thing. two days ago was pulled over and arrested for a probation violation on misd offence. how is this even happening?

Daniel P Leavitt answered on Apr 25, 2019

You need to hire a lawyer where this happened asap to look into this.

2 Answers | Asked in Gov & Administrative Law, Contracts and Criminal Law for Virginia on

Q: Under Virginia Code 18.2-115 is simply moving a vehicle out of the state enough to be considered fraudulent conversion?

Daniel P Leavitt answered on Apr 23, 2019

There are elements to the charge the Commonwealth would need to prove. Contact a lawyer in the area where your charge is and they may be able to locate a defense.

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1 Answer | Asked in Criminal Law for Virginia on

Q: The highest level of authority in criminal law is?

Daniel P Leavitt answered on Apr 22, 2019

Be more specific about what you are asking.

1 Answer | Asked in Criminal Law for Virginia on

Q: Why can the magistrate's verbiages as they put on criminal arrest warrants in Virginia be found on line like everything?

For an example: 18.2-57, one version is: assault and batter (insert name of victim). there are more than one verbiage language version under 18.2-57 that the magistrates use.

Daniel P Leavitt answered on Apr 22, 2019

not sure I understand your question... the online case information system doesn't post everything... the warrant is the official charging document

1 Answer | Asked in Criminal Law for Virginia on

Q: I have a a charge of indecent liberties with child in Virginia,since they have changed law and made it violent offense

What can I do

Paula Hough answered on Apr 19, 2019

You need to speak with an attorney right away. You should not discuss this case or anything about it with anyone other than a lawyer. Do not talk to the police. An attorney will explain your next steps (i.e., arraignment, preliminary hearing, trial, etc.)

Indecent Liberties can be...
Read more »

1 Answer | Asked in Criminal Law for Virginia on

Q: Charge of 18-08-02 9 counts. What is the worst thing that can happen

Paula Hough answered on Apr 18, 2019

The numbers you gave do not correspond with any Virginia criminal code sections. Typically, they will start with "18.2-...". You may want to look at your summons or warrant to find out the specific coffee section.

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