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Virginia Federal Crimes Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on
Q: I have court for a situation that occured where I had a firearm on federal property. Need to ask more questions

I was planning on commiting suicide when a friend called the police on me and a firearm was found in my car which was on federal property. I was just given a court appearance citation which is in 2 days. I don't know how much trouble I could be in and I need help.

Brian M. Latuga
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Brian M. Latuga
answered on May 15, 2022

Go to your court appearance and either ask for a public defender or more time to hire an attorney. He will need an attorney report for this type of charge. Generally, it is a misdemeanor.

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on
Q: Can I own a gun if I had a class 1 misdemeanor 11 years ago? It was for third offense driving with a suspended license,
Brian M. Latuga
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Brian M. Latuga
answered on May 7, 2022

There is no bar with a conviction of driving suspended to ownership of a firearm as allowed under other applicable laws of Virginia and the US.

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Federal Crimes for Virginia on
Q: VA Intestate Probate, on day of death, Spouse moved all money out of decedent's businesses he did not own any of

Spouse had wife own businesses while she was alive because he had "no credit", got huge loans in her name as guarantor, sometimes under false assertions about losses (SBA EIDL), acted as manager in member-managed LLC without being a manager or member, after 23 years of marriage used... Read more »

Richard Sternberg
Richard Sternberg
answered on Dec 14, 2021

Your description requires a series of follow-up questions, but other than the car registration, I don't see anything that is likely to excite a prosecutor. There may well be a question of undue influence or competence at the time she signed everything over to him, but you will likely need to... Read more »

1 Answer | Asked in Federal Crimes for Virginia on
Q: I have already been sentenced in federal court and am to self surrender on Nov1, I wrote my sentencing judge and asked f

For electronic monitoring instead of prison, I was denied because she doesn't have jurisdiction since she sentenced me. Who can I talk to about it now.

Ashley Robinson Winn
Ashley Robinson Winn
answered on Oct 14, 2021

Federal court is very strict with procedures and Home electronic monitoring should have been requested at sentencing. If the sentencing judge has lost jurisdiction, there is little that can be done, particularly if the appeal time has passed.

1 Answer | Asked in Consumer Law, Criminal Law and Federal Crimes for Virginia on
Q: Hi. I was wondering during if I would go to jail for a second theft charge?

my last theft was from 3 years ago and all I had for this new theft charge was a necklace and nothing else.

Bernard Crane
Bernard Crane
answered on Jul 19, 2021

Its almost impossible to answer this question in a vacuum. There are too many variables. You say your "LAST" theft charge. You didn't say your "only other" theft charge. If this is your third or more theft charge, there is a higher probaility of at least SOME jail time.... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Military Law for Virginia on
Q: Do military police count as “law enforcement”?

I am active duty and live in Virginia where open carry is legal. My question is, a lot of establishments ban open carry unless you’re law enforcement. I’ve seen different things online, but are we still technically law enforcement?

Matthew Crowley
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Matthew Crowley
answered on Mar 30, 2021

Neither the Commonwealth of Virginia nor the federal government recognize you as a law enforcement officer. You don't have the ability to arrest or do any of the other things that are unique to police powera. That having been said, this is really more about the rules a private entity has set... Read more »

2 Answers | Asked in Criminal Law, Banking, Civil Litigation and Federal Crimes for Virginia on
Q: Is it a crime to deposit/cash a check if it is to 2 named people, he signed the back twice and she didn’t sign

My sister and her husband are going through a bad divorce. He left two weeks before the birth of their last kid. She has the house. He filed taxes jointly, and the federal return came to the house. She held it and they came to an agreement on how to spend it. It was only in a text so nothing... Read more »

Kelly L. Vasta
Kelly L. Vasta
answered on Mar 2, 2021

I would recommend taking the copies of checks you have along with these facts to your local magistrate or police department to discuss the options of pressing charges.

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1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for Virginia on
Q: I was convicted of a felony as a juvenile in Virginia when I was 16 years old. I am now 29, Can I buy a firearm?

Does an underage felony conviction prevent firearm ownership for the rest of my life?

Shemeka C Hankins
Shemeka C Hankins
answered on Jun 22, 2020

At this point, now that you are 29, you should be able to purchase a firearm as long as you weren't convicted of certain violent offenses. You can actually follow up with the State Police to ask them about the firearms form because they run all background checks for firearm purchases. here... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for Virginia on
Q: The feds are saying unless you turn in people they will charge you with a crime you didnt commet
William Jaksa
William Jaksa
answered on Jun 8, 2020

Sounds like they are putting pressure on you with the hopes that you cooperate with them. Call a local criminal lawyer to understand the liability you are facing. There is not enough information in your question to get any meaningful advice here.

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2 Answers | Asked in Contracts, Criminal Law, Admiralty / Maritime and Federal Crimes for Virginia on
Q: How can I be put under a law that I wasn't charged or sentenced under

I was given a plea bargain in 2003 the law was changed in 2005 which is a harsher punishment

Daniel P Leavitt
Daniel P Leavitt
answered on May 7, 2020

You can't.

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2 Answers | Asked in Criminal Law, Federal Crimes, Probate and Gov & Administrative Law for Virginia on
Q: Can my probation officer make me bring ib my pills that is a narcotic to my appointment

The office ia at the jail and I was thinking all I need to do is bring a print out of the script instead of the pills them self

Susan Fremit
Susan Fremit
answered on Feb 26, 2020

Ask your probation officer whether you should bring the pills in their container or whether you should simply bring a pharmacy printout.

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2 Answers | Asked in Civil Litigation, Contracts, Criminal Law and Federal Crimes for Virginia on
Q: Court did not complete plea agreement. Plead guilty to misdemeanor instead of felony. Court processsed as felony.

More than one legal issue regarding the trial of case. However most important issue is the plea agreememt was to plea guilty to two misdemeanors instead of 2 felony charges. Just got a letter about not voting rights, so looked up charge online. Court said plead guilty to a felony. I have plea... Read more »

Shemeka C Hankins
Shemeka C Hankins
answered on Feb 10, 2020

Sounds like it could be a paperwork error. You need to have a lawyer file a post-trial motion on your behalf to make sure the court's records are correct.

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2 Answers | Asked in Contracts, Criminal Law, Federal Crimes and Landlord - Tenant for Virginia on
Q: Can my boyfriend be evicted from a property for being convicted of a felony? There was nothing in the lease about it.

My boyfriend signed a lease on January 11 for a rental property starting on February 8th. The property is a condo with three other adult renters on the property. On January 27th he was convicted of a felony in North Carolina for Grand Larceny, this crime occurred over a year and a half ago and he... Read more »

F. Paul Maloof
F. Paul Maloof
answered on Feb 3, 2020

Assuming the credit application and the lease do not require a disclosure about a previous crime, he may not have to disclose it. I would need to review all the documents before I could tell you for sure.

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1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on
Q: Am I required to provide my personal info to an officer if I call 911 for someone who was assaulted & left hurt?

I wasn't present on the scene of crime.

William Jaksa
William Jaksa
answered on Aug 10, 2019

In most jurisdictions, you never need to provide information to police. But don't lie or mislead the police, that could get you in trouble. Politely tell the police you were not a witness to the crime, you were not involved in the incident and your only involvement was to call the police to... Read more »

2 Answers | Asked in Federal Crimes and Civil Litigation for Virginia on
Q: Why can I not get any attorney to help a friend who as been sexually abused in federal prison by a member of staff ???

No attorney will take the case they won’t even look into it! All remedies filed up to DC. Bivens filled now waiting defendants to be served. We have substantial evidence the member of staff was dismissed due to misconduct. My friend desperately needs help to bring this lawsuit to court. None of... Read more »

F. Paul Maloof
F. Paul Maloof
answered on Aug 8, 2019

I regret that I do not handle criminal law or sexual abuse cases. Sorry.

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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... Read more »

Bryan J. Jones
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 and Federal Crimes for Virginia on
Q: What happens in a case if a co defendant dies before the trial

If 2 people wrote false accusations on a person and one of them dies what happens with the deceased statement

Daniel P Leavitt
Daniel P Leavitt
answered on Oct 26, 2018

It is hard to give a definitive answer. The general rule is you have a right to confront your accusers. However, there are exceptions to this rule. The rules of evidence where the case is brought will govern. It can depend on the type of case it is, and the nature of the facts surrounding the... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for Virginia on
Q: Can a felon have his conviction removed or dismissed from his records without the crime being dismissed in SC.
Susan Fremit
Susan Fremit
answered on May 7, 2018

If a person was convicted of a felony outside of VA, the person will need to look at the law of that state to see if the conviction can be removed. If the felony was committed in VA and the the person was ultimately convicted, under current VA law, that felony can never be removed from the... Read more »

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1 Answer | Asked in Animal / Dog Law, Criminal Law and Federal Crimes for Virginia on
Q: a woman was going to give me 2 dogs, had me spend money on things they needed in order to get them and then backed out

She was coming from virginia, she is a friend of a friend agreed to bring 2 husky puppies because she was basically fostering them and couldn’t keep them, she said she would bring them once I had fencing set up for them we agreed and went and bought fencing kennel and told her she said she would... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Mar 5, 2018

You can sue her for the extras on the grounds of detrimental reliance. But you'd have to sue her there, go down to court there. May just be as you were set on getting two pups to look around and get one you like for starters and leave that issue be.

1 Answer | Asked in Criminal Law, Federal Crimes and Sexual Harassment for Virginia on
Q: Can i refuse to take a lie detector test even after signing paperwork stating that i will?.

Im being investigated for a felony crime

Susan Fremit
Susan Fremit
answered on Feb 4, 2018

It depends. If a condition of your probation for a sexual assault conviction is to comply with everything your probation officer requests and she/he requests that you take a lie detector test and you refuse, it could be a problem. In that case, you need to speak to the attorney who represented... Read more »

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