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Virginia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for Virginia on
Q: Can/should I sue ex for Stimulus check funds?

Spouse and I are separated...still legally married. No property settlement. I am sole custodial of our two children. 100% timeshare. She walked away and never contacts the children.

We filed taxes jointly in 2019. She filed primary as I am disabled on SSI.

We were separated when the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 22, 2020

I regret that I do not handle domestic relations maters. This issue should have been covered in your Property Settlement Agreement so you may want to look at it, if you have one.

1 Answer | Asked in Criminal Law for Virginia on
Q: issues related to covid 19, possibly unable to attend upcoming advisement hearing for probation violation.

Im enrolled in the first offenders program and I need to attend a VOP hearing about failure to provide documentation showing I've seen a behavioral health specialist.

I've had contact with a family member who tested positive for covid-19, been around her several times. It is my... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Oct 21, 2020

I would send a letter to the court showing you actually went to get tested. While noone on this forum can tell you that you will automatically be excused, courts are being lenient if you are making a good faith efforts to show you had actual contact and are actually quarantining. I would speak to... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Will i get jail time for my first drug charge
Shemeka C Hankins
Shemeka C Hankins answered on Oct 21, 2020

No one on this forum can answer your question without more information about you and your charge. However, a public forum isn't the best place to engage in this conversation. You need to seek out information from a lawyer in the jurisdiction (area) that you got the charges in. They will... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: I was caught shoplifting at a Walmart in TN,the total was under $100.They have me on camera, and have the torn packages

The police came and issued a misdemeanor ticket.

They did not take me to jail, I was told to go to my arraignment the following morning, which I did. My question is: 1) do I plead guilty or not guilty and 2) is there anyway to keep this off my record, if not is there a way to take it... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Oct 21, 2020

You need to consult a lawyer who practices in the area of Tennessee where you were caught - that person will be the best person to advise you on what to plead and how to work on the situation with the local courts. I would advise speaking to an attorney if you want to keep the charge off your... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: If I was charged with a assault misdemeanor 18.2-57. Does that make me non eligible to posses or buy a firearm?

This happened in 2012

Paula Hough
Paula Hough answered on Oct 20, 2020

If you were merely charged, there should be no issue. If you were CONVICTED of simple assault, you should also be fine to purchase/possess a firearm. HOWEVER, if the charge was a domestic assault / assault on family member, then you are federally prohibited.

1 Answer | Asked in Criminal Law for Virginia on
Q: Can I get a felony reduced after sentencing and completion of probation?

Virginia resident here. I was charged with welfare fraud offense date (in 2013) In 2018. I was sentenced with a felony and 2 yrs supervised probation and to pay it back. I successfully completed my supervised probation (early release from it for good behavior) and paid all restitution. I have a... Read more »

Brian M. Latuga
Brian M. Latuga answered on Oct 20, 2020

It sounds like you have been convicted and sentenced more than 21 days ago. The court has no discretion at this point to reopen your case and change your sentence or reduce your charge. And technically, while some judges would do it at sentencing, a court cannot reduce a felony to a misdemeanor if... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: If someone is your only witness and they plead the fifth are your charges going to be dropped
Shemeka C Hankins
Shemeka C Hankins answered on Oct 8, 2020

Unfortunately, the answer is "it depends." There may be ways for the case to be proven without their testimony if the police were involved. They may not assert their fifth amendment privilege correctly and the court may compel them to answer the question or face contempt. It sounds like... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Intellectual Property and Securities Law for Virginia on
Q: Is it illegal to destroy and tamper with surveillance
Timothy John Billick
Timothy John Billick answered on Oct 6, 2020

Most likely yes. It would depend largely on the purpose for such destruction/tampering.

1 Answer | Asked in Criminal Law for Virginia on
Q: If someone stole my phone and agreed to replace it, isn’t that what they should do instead of just give money?

Recently someone stole my phone with the case screen protector and pop socket, I found this person and agreed not to press charges as long as they replace everything, however this person has gone against this deal and is saying they want to give me money instead, but I don’t want to take money in... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Oct 2, 2020

If you have decided to not go to the police, then unfortunately unless you have a contract with this person, they can do whatever they want. I wouldn't advise this but perhaps you should meet in a public place (with other people along for the ride!) just as a WAWA where there is plenty of... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: When will Virginia begin to expunge minor crimes/convictions from people’s records?

I have three firearms convictions: 1973; discharge firearm within town limits (1) another discharge firearm within town limits; 2013, as well as reckless handling of firearm on same date.

Shemeka C Hankins
Shemeka C Hankins answered on Oct 2, 2020

Unfortunately Virginia does not allow for the expungement of any crimes of which you plead or were found guilty at this time. This would be an argument to plead to the legislature so they could enact some kind of plan regarding misdemeanor expungement in Virginia. As of right now, these crimes... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: What if you never been offered a motion for discovery and charges go back 3yrs ago, all they have is video what can I do

I've been charged with dist of a drug 4 counts from a period of 2yrs and that is almost 3yrs ago now and no motion for discovery has been offered and never was informed of how, who where what caused me these charges, then was charged with 3 they make mistake 2 mins after seeing magistrate they... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Oct 2, 2020

Sounds like what you probably need to do is hire your own attorney. Unfortunately, not because they aren't good attorneys, but because of the workload that is placed on some court appointed attorneys, you may not be able to receive the attention you need to have all of your questions answered.... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Virginia on
Q: Hi, I am searching a Pro Bono or an affordable lawyer for an Habeas Corpus!

No one ever comes back to me. It would be a Habeas Corpus for Ineffective Assistance of Counselling. I am searching for a lawyer who can do some Pro Bono work and some paid work, I am fine with this either. You need to be eager to fight and must have the willing to win. I want a release date, this... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Sep 14, 2020

You can file your own Habeas Corpus motion without counsel if you need to. Depending on where you received your sentence, I would look for a lawyer who works in that area in order to assist you with what you may need to have done to potentially help you with the habeas petition and anything else... Read more »

2 Answers | Asked in Domestic Violence and Criminal Law for Virginia on
Q: I am in the process of getting my Second Amendment Rights restored.< VA > I have 2 dismissed Domestics. Possible prob?

One was back in 2007 or 08. The other was 2018. Both Dismissed

Anthony M. Avery
Anthony M. Avery answered on Sep 10, 2020

You will need to get both Charges also EXPUNGED from your record. Dismissals do not also include erasing the charges from your criminal record. You will probably need a competent attorney, and I recommend calling the NRA for a referral.

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1 Answer | Asked in Criminal Law for Virginia on
Q: What does nolle prosequi mean?
Faraji A. Rosenthall
Faraji A. Rosenthall answered on Sep 8, 2020

Nolle prosequi is a motion by the prosecutor indicating that the government is not going forward with a charge. It has the same impact as a dismissal. It is typically a dismissal without prejudice, so at least theoretically, the government may be able to reinstate the charges at a later date.

1 Answer | Asked in Criminal Law for Virginia on
Q: What would happen if I change my stament if I filed a police report

A couple months ago I thought my boyfriend took my card without my permission and so I told my dad and HE called the cops. I realize now a month or two later I forgot I told him he could use it a couple nights before. So I totally forgot. Will I get in trouble for changing my story? It was an... Read more »

Paula Hough
Paula Hough answered on Aug 31, 2020

You should not be in any trouble at all if you did not speak with the police. If you did tell the police that your card was used without permission, and your boyfriend is charged, you may want to get an attorney if want to testify to something other than what you told the police.

1 Answer | Asked in Criminal Law and Lemon Law for Virginia on
Q: Hello, If charged with petit larceny 3rd- offense class 6 felony. Is it mandatory that I go to jail?

I have not been i trouble since 2015

Faraji A. Rosenthall
Faraji A. Rosenthall answered on Aug 22, 2020

No, petit larceny as a third offense is a class 6 Felony. There is no mandatory jail time. However, that doesn't mean that a punishment involving jail time isn't possible, or even likely, it simple means it isn't required. If you are found guilty a judge can give 0 days in jail up to... Read more »

1 Answer | Asked in Criminal Law, Business Law, Civil Litigation and Identity Theft for Virginia on
Q: My personal information was stolen by a business employee. What are my options?

I ordered food from a local sandwich shop. A few days later I received a call from a person claiming to represent that shop, who then tried to solicit me for "opportunities for extra cash" from PFS Incorporated. Which is not affiliated with the sandwich shop at all. This shop employee... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 18, 2020

I regret that I do not handle criminal law matters. Sorry.

2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: if my husband has a strangulation charge in Chesapeake and I have written a letter

to the common wealth attorney & the prosecutor that I'm no interested in pursuing charges do I still need to be at the preliminary hearing

Paula Hough
Paula Hough answered on Aug 14, 2020

If you are given a subpoena, you are required to go to court. If you have concerns about testifying as a witness for the prosecution (commonwealth's attorney), you may want to reach out to a local attorney to discuss your legal options.

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1 Answer | Asked in Criminal Law for Virginia on
Q: I have a assault and battery case, I gave sd card containing video evidence, and the officer lost it
Brian M. Latuga
Brian M. Latuga answered on Aug 5, 2020

The question is, what?

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Real Estate Law for Virginia on
Q: What is the penalty (if any) for HOA board violating the VA Property Owners Association Act?
Elizabeth Crego
Elizabeth Crego answered on Jul 20, 2020

That depends on what they did. Violating the POA Act is unlikely to result in criminal liability on its own. You would want to read the Act in conjunction with the HOA's governing documents to determine what the board did and how to proceed. I recommend getting an attorney to help you... Read more »

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