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Virginia Criminal Law Questions & Answers
1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and DUI / DWI for Virginia on
Q: I live in Virginia and need to take ASAP classes, now that marijuana is legal here should I worry about testing positive

The law goes into effect on July 1st, and my first intake appointment isn’t until May 12

Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer answered on Apr 9, 2021

Absolutely, alcohol is also legal but the condition of your ASAP supervision requires no drugs and no alcohol.

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
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 »

1 Answer | Asked in Criminal Law for Virginia on
Q: If I or someone in my family is currently being blackmailed or extorted.. what do we do? Contact the authorities?

I have an investigator.. do we contact lawyer or authorities?

Susan Fremit
Susan Fremit answered on Mar 19, 2021

Might be better to seek an attorney’s opinion in the county where you live

1 Answer | Asked in Criminal Law for Virginia on
Q: My ex boyfriend told me I could keep my cat when I move out but now he’s saying I can’t

I have been living at the location for over a year and I have residency. I moved out about a day ago and he told me over text once I move into a new place I can come and get my cat. Now he’s saying I can’t come and get him taking back what he said. I have text proof of him saying I can come get... Read more »

Susan Fremit
Susan Fremit answered on Mar 18, 2021

Why not go to the magistrate's office in the county where your ex lives and ask for charge to be brought against him. If you simply go to the house to get your cat, he may have you charged with robbery or theft.

1 Answer | Asked in Criminal Law for Virginia on
Q: My brother has some pretty serious charges in the state of VA. He also has 4 violation of probation charges.

He is stating that all the charges are being dismissed and he gets out of jail in a few months and all he is going to have to do is go to rehab. Is this possible? Wondering if the courts may charge him with the violation charges because he has 8 years hanging over his head.

Susan Fremit
Susan Fremit answered on Mar 17, 2021

What you are saying does not sound correct. The fact that he is serving time in jail and then being released implies that he likely has a suspended sentence hanging over his head and he will need to report to probation. If he was on probation and caught the newest charges, he could well be facing... Read more »

1 Answer | Asked in Criminal Law and Divorce for Virginia on
Q: Is this considered physical abuse? A husband and wife are in a heated argument. It escalates into a war of words.

He decides he now wants to move out of their shared room. He goes to a guest room and is trying to move some of her stored stuff out, so he can move in there. She says I will move my stuff myself, and for him not to touch her stuff.

He proceeds to start dumping her stuff rudely in the... Read more »

Susan Fremit
Susan Fremit answered on Mar 10, 2021

The scenario describes an assault and battery. Call the police or go to the magistrate’s office to bring charges.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Virginia on
Q: A state appeal is pending taking longer than 12 months does that increase success rate?
Charles William Michaels
Charles William Michaels answered on Mar 2, 2021

Generally, no. The appeal decision could be delayed by many reasons, some not having anything to do with the case.

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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2 Answers | Asked in Criminal Law, Domestic Violence and Juvenile Law for Virginia on
Q: Can your mom send you a trespassing notice and have you arrested if you go near her property?

My parents are separated and going through a legal divorce. After my mom cheated on my dad and moved in with her boyfriend she and her boyfriend who has a criminal record have been threatening me and my little siblings. She recently sent a trespassing notice to my family saying we could not be near... Read more »

Susan Fremit
Susan Fremit answered on Feb 28, 2021

Since your sent you a no trespassing notice and you acknowledge receipt of that notice by tearing it up and throwing it at the front door of where she lives, she can now call the police, if you go on her property, and have you charged with the criminal misdemeanor of trespassing. She can also look... Read more »

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1 Answer | Asked in Criminal Law for Virginia on
Q: Can a cop ask you to pull down your mask or something like that so they can "get a better look at your face"?
Susan Fremit
Susan Fremit answered on Feb 23, 2021

This depends on the entire facts surrounding the situation. If the officer has a reasonable suspicion that someone has committed/is committing an offense, and that officer can requests that an individual lower his/her mask in order to make a positive identification. I don't believe a Court... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: I would like to know charges for disorderly conduct first offense in va. Could you tell me?
Susan Fremit
Susan Fremit answered on Feb 23, 2021

If convicted, this misdemeanor carries up to 12 months in jail, but for a first offense and an otherwise clean criminal history, likely a suspended sentence. It is never a good idea to just accept a criminal conviction so hire an attorney and see if the completion of community service would... Read more »

2 Answers | Asked in Criminal Law for Virginia on
Q: If my charges will be dismissed after 1 year of under advisement was I convicted of a crime?
Paula Hough
Paula Hough answered on Feb 22, 2021

If your case is under advisement, then you have not yet been convicted of anything. Your case is still pending. When the year is over, and you go back to court - if you've successfully complied with the terms for dismissal, then your case will be dismissed and you will not have been convicted.

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1 Answer | Asked in Criminal Law, Consumer Law and Civil Litigation for Virginia on
Q: I need help on deciding whether to file a criminal or civil case. I recently bought a vehicle and was given a fake title

I bought a truck under the agreement that I would be provided a clean title. The guy gave me a complete different title then what was promised. I then found out he never registered the truck in his name therefore he would be title jumping with isn’t allowed. I believe what he did was fraud or... Read more »

F. Paul Maloof
F. Paul Maloof answered on Feb 17, 2021

You can speak with a law enforcement officer and a Magistrate Judge about filing a criminal charge. You more likely have a civil complaint and you should file a complaint with the Virginia DMV.

1 Answer | Asked in Criminal Law for Virginia on
Q: Can a shoplifting charge be heard if the receipts used in the case are not accurate when tallied up?

There are 6 misdemeanor charges against me with target suggesting I altered tags on 6 different occasions. Surveillance does not show me altering tags. The commonwealth attorney is going to try and convict me of these charges based on suspicious receipts and supposed suspicious behavior on camera!... Read more »

Susan Fremit
Susan Fremit answered on Feb 13, 2021

Your attorney can review all the store video surveillance tapes and see what they show about your alleged behavior. Speak to your attorney about the cash register tapes.

1 Answer | Asked in Criminal Law for Virginia on
Q: confidential informant has drugs on them before a control buy and the cops found does the buy stick

and I have copies of all the messages between the ci and the cop. Showing the ci was dirty for drugs before court and the ci asked for help to stay out of jail the next day for court and the cop helped ci. Can I beat distribution chRges

Susan Fremit
Susan Fremit answered on Feb 12, 2021

Since you were charged with distribution, you very likely need to speak to your attorney about this because he or she knows far more about the situation.

1 Answer | Asked in Criminal Law for Virginia on
Q: How to obtain gun rights for felon convicted 15 years in the past?

Stat. burglary convicted in 2002

Susan Fremit
Susan Fremit answered on Feb 11, 2021

It would be better to hire sn experienced attorney for both phases, but you may be able to do the first one. You need the governor to give you back your civil rights, then an application can be brought in circuit court for the restoration of your guns rights.

2 Answers | Asked in Domestic Violence and Criminal Law for Virginia on
Q: Can I refuse to testify as a domestic violence victim against my boyfriend?

I filled out a criminal complaint against my partner after an argument that got physical. It resulted in multiple charges being filed, including two felonies. I already have a PFA prohibiting acts of abuse and I really don’t wish to cooperate due to a myriad of reasons. We’ve since reconciled,... Read more »

Susan Fremit
Susan Fremit answered on Feb 10, 2021

Since you started the legal process by contacting the police and giving a statement, you will be required to be available to testify at any trial. If you are subpoenaed and do not show up to testify at court, the prosecutor can ask the judge to issue a warrant for your arrest. If you refuse to... Read more »

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1 Answer | Asked in Criminal Law for Virginia on
Q: what will happen if a girls father from a dating site calls the police one because he wants money
Susan Fremit
Susan Fremit answered on Feb 9, 2021

I doubt he will call the police. This is part of a scam including the threat to call the police. Don’t pay anything and stop talking to the girl. IF the police do bring charges, say nothing and contact an attorney.

2 Answers | Asked in Criminal Law for Virginia on
Q: can I be arrested for solicitation of a minor scam

girls father wants money

Susan Fremit
Susan Fremit answered on Feb 9, 2021

You can not be arrested for responding to a scam. Simply ignore the "father" and the "daughter". Better yet, avoid the site you were using.

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2 Answers | Asked in Criminal Law for Virginia on
Q: Can law enforcement enter a locked attic door or a room in my house that has locks if its roomates?
Brian M. Latuga
Brian M. Latuga answered on Feb 2, 2021

A lot more facts are needed to give an answer to that question. Which then leads to a potentially complicated analysis. If you’ve been charged with something from such search then you should consult with a local lawyer for representation.

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