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Virginia Criminal Law Questions & Answers
1 Answer | Asked in Domestic Violence and Criminal Law for Virginia on
Q: If a family member calls the police on you in a heated argument and domestic assault becomes a charge

without them wanting legal action, what is typically the result of this?

David G. Parker
David G. Parker
answered on Sep 6, 2023

The situation you have described is not uncommon. The cooperation of the alleged victim in a domestic violence case isn't always necessary; not "wanting legal action" does not prevent the prosecutor from calling the alleged victim as a witness at trial. In some cases where no helpful... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I made a big mistake leaving my gun in my car, now my boyfriend is going to jail for many years. What can I do?

Do to my crippling anxiety, I’m scared to leave my house. I bought a gun so I would feel safe. My mom doesn’t allow guns in the house so I keep it in my car. I drove to Virginia. While there my car broke. My boyfriend was helping me get it fixed. I had the gun on the seat because I don’t have... View More

David G. Parker
David G. Parker
answered on Sep 6, 2023

Although your boyfriend does not have to be the owner of the vehicle or of the firearm in order to be charged and possibly convicted of the offense, your explanation does present a possible defense or at least mitigation of the offense. Your explanation, copies of records (if available) of your... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Can a judge during jury instruction tell the jury that previous witness statements that contradict the testimony during

Trial can not be taken into consideration? That the jury can not consider if a witness is truthful be entered into their decision? They may only go with what was spoken at trial?

David G. Parker
David G. Parker
answered on Sep 6, 2023

Standard (commonly referred to as "model") jury instructions are typically used in criminal jury trials in Virginia. In my experience, the model jury instruction covering inconsistent prior statements of a witness will advise the jury that the purpose of any prior statement of the witness... View More

1 Answer | Asked in Criminal Law and Immigration Law for Virginia on
Q: Hi, Will my 2 misdemeanors present a problem with me vacationing / immigrating to Mexico?

Hi,

I am an American Citizen that plead guilty to 2 misdemeanor charges in August of 2014:

DWI, 1ST , Misdemeanor

DRUGS: POSSESS SCH I OR II, Misdemeanor

I completed a 6 week rehab program and since then have not even received a parking ticket. I have no other... View More

James L. Arrasmith
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answered on Sep 3, 2023

While I can offer legal perspectives based on U.S. law, I cannot guarantee how Mexican authorities will treat your entry given your misdemeanor convictions. Being transparent and following Mexico's entry requirements will be crucial. If you encounter issues, it would be best to consult the... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Immigration Law for Virginia on
Q: Hi, Will my 2 misdemeanors present a problem with me vacationing in Mexico?

Hi,

I am an American Citizen that plead guilty to 2 misdemeanor charges in August of 2014:

DWI, 1ST , Misdemeanor

DRUGS: POSSESS SCH I OR II, Misdemeanor

I completed a 6 week rehab program and since then have not even received a parking ticket. I have no other... View More

James L. Arrasmith
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answered on Sep 3, 2023

Mexico generally allows U.S. tourists to enter without a criminal background check for short visits, but it is within the discretion of the border agents to allow or disallow entry. To minimize issues, make sure you have all required documentation in order, including a valid U.S. passport. If you... View More

1 Answer | Asked in Personal Injury and Criminal Law for Virginia on
Q: Can charges be filed against a clerk of the court for releasing the residential address of a malicious wounding victim?

Victim's personal info released to culprit via postal mail.

T. Augustus Claus
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answered on Sep 1, 2023

n many jurisdictions, clerks of the court and court personnel are responsible for handling sensitive information and maintaining the confidentiality of individuals involved in legal proceedings, including victims of crimes. If a clerk of the court were to release a victim's residential address... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: My lab results from my drug analysis wasn't signed off by forensic

Can i beat my case

Jessica Greenberg
Jessica Greenberg
answered on Aug 15, 2023

There is a very slight possibility that you could use this to get the case dismissed. However, it is likely still possible for the prosecutor to bring the original forensic scientist into court to clear up that issue. It will depend on if the judge considers it a curable error (most errors are... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Virginia on
Q: Can I be charged with any crime for leaving my 10 yr old alone for less than an hour ?

I let my 10 yr old stay alone in my hotel room for less than an hour.He left the room for a soda and locked himself out. He called me on his cell to let me know and I began heading back to him. He decided to ask the hotel lobby for a key and they called the police. Va does not have a minimum age... View More

Derek Allen Colvin
Derek Allen Colvin
answered on Jul 24, 2023

There is likely probable cause to charge you under Virginia Code Section 18.2-371 for rendering the child in need of supervision. There may be additional charges. It sounds like the charging decision is left to the discretion of the prosecutor in that jurisdiction. If charged, you should... View More

1 Answer | Asked in Family Law, Domestic Violence and Criminal Law for Virginia on
Q: Do I have to prove my ex boyfriend strangled me if he says he didn't
Derek Allen Colvin
Derek Allen Colvin
answered on Jul 24, 2023

If he is charged with the criminal offense of strangulation in Virginia, the totality of the evidence will have to prove, beyond any reasonable doubt, that he in fact strangled you. In Virginia, "strangled" occurs when someone "impedes the blood circulation or respiration of another... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Do I have any rights to refuse a warrantless search by law enforcement if my husband is on probation?
T. Augustus Claus
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answered on Jul 20, 2023

Now, generally, law enforcement may not search your home or belongings without a valid search warrant issued by a judge, unless there's an exception to the warrant requirement. However, if your husband is on probation, he may have agreed to certain conditions, which could allow law enforcement... View More

Q: I need to talk to someone about a case where an inmate's constitutional rights and due process are being violated. Pleas
T. Augustus Claus
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answered on Jul 7, 2023

I'm sorry to hear about the situation. If you believe that an inmate's constitutional rights and due process are being violated, it is important to seek legal assistance from an attorney who specializes in civil rights or criminal defense. They can provide guidance and advice based on the... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Can I find out the person who accused me of the charge before the court date?

My friend was accused in sexual battery and he has a court in 2 weeks. He doesn't know what happened or who accused him. Can we find out this information before the court date?

Faraji A. Rosenthall
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Faraji A. Rosenthall
answered on May 27, 2023

There are often multiple hearings when a person is accused of a crime. The first hearing will likely simply be to determine what the individual is going to do about getting a lawyer. Eventually, and before there is an actual trial, he will be able to know what exactly he is accused of doing and who... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: What are the advantages/disadvantages of Strangulation & Assault being moved from General Distr Ct to Juv Dom Relations

My 22 YO Daughter is the victim of Strangulation & Assault (2 counts of Abduction was dropped) by her then boyfriend. At the Prelim Hearing, the Commonwealth Attorney asked my daughter if she and the defendent were living together. My daughter said yes and ther next thing I know the case has... View More

Derek Allen Colvin
Derek Allen Colvin
answered on May 22, 2023

The Juvenile and Domestic Relations District Court ("JDR") maintains original jurisdiction for these types of claims if the victim/offender cohabitate together. There is no substantive difference between General District Court and JDR in the prosecution of these offenses. The initial... View More

1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Virginia on
Q: My wife was charged with Dom Vio on me. Our oldest son was present. It was a small incident that got out of control.

What can I do to drop charges? It’s her first offense. What should we be expecting?

Robert Tyler Bezilla
Robert Tyler Bezilla
answered on Apr 25, 2023

In Virginia the Commonwealth Attorney decides whether to drop the charges in court. That said, they will listen to your wishes as the "victim." Under the Va code and the Va constitution they have to seek your input before disposing of a case. You will get a chance to tell them you want... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on
Q: My boyfriend was arrested for a gun charge and it got transferred to feds. He got bail and broke his conditions.

If he’s waiting to be sentenced for his federal gun case could they extend his sentencing for breaking the bond conditions and being involved in the hit and run?

James L. Arrasmith
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answered on Mar 19, 2023

It is possible for a federal court to consider a defendant's conduct while on bail or pretrial release when imposing a sentence for a separate offense. If your boyfriend has been charged with violating the conditions of his release and/or for his involvement in a hit and run, these charges... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Can someone with a nonviolent drug felony visit a home where the homeowner owns guns. In Virginia.

My nephew has a felony record for possession from a few years ago and was wanting to come visit me, but I am a gun owner and dont know if he is allowed to come and stay for a few days? I don't want to give up my firearm but don't want to get him in trouble.

Derek Allen Colvin
Derek Allen Colvin
answered on Jan 25, 2023

It is unlawful for a felon to be in possession of a firearm unless they have had their right to possess a firearm restored. Possession can be actual or constructive and is very fact specific. Actual is obvious, but constructive can be tricky. In court, the questions considered for constructive... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I’m charging with a 18.2-300 and I didn’t even touch the gun the plaintive was trying to take me away from my home

I have never been in trouble before ever.

Derek Allen Colvin
Derek Allen Colvin
answered on Dec 21, 2022

Virginia law criminalizes the possession of a sawed-off shotgun under Virginia Code Section 18.2-300. In Virginia, possession can be actual or constructive. You should consult with an attorney to discuss the facts of your particular case and any defenses you may have. Its not wise to post... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I have an arraignment coming soon and I need to know what kind of bail I’ll get

I was set a bond when I was arrested and it was unsecured because I have no prior criminal record and I’m not violent or a flight risk.

Derek Allen Colvin
Derek Allen Colvin
answered on Dec 21, 2022

It sounds like you have already posted a bond and are scheduled for an arraignment. An arraignment is typically to determine if you have retained an attorney or need one to be appointed for you. You should not have a separate bond hearing unless the Commonwealth has filed a motion to revoke your... View More

1 Answer | Asked in Criminal Law and Immigration Law for Virginia on
Q: Can I lose my green card if I got it through my mother and she commits a crime (not immigration fraud)

My father and I got our green cards through my mother legally. If my mother commits a crime such as a larceny and gets deported, will my father and I lose our green cards as well since we got them through her? I'm not asking about an immigration crime , we got our green cards without any... View More

Kevin L Dixler
Kevin L Dixler
answered on Dec 18, 2022

No, ‘unless’ either of you are accused of being a part of the criminal scheme. If so, you can be charged, indicted, arrested, and possibly convicted. That may get you deported!

If your mother is involved in a crime, you ‘do not’ have an affirmative responsibility to report her to...
View More

1 Answer | Asked in Criminal Law for Virginia on
Q: What are the penalties in VA for defrauding an innkeeper if it is a misdemeanor?

i was unable to pay 750 dollar tab. I was inebriated and spent a lot of money both on the debit and credit card. I also withdrew a lot from the ATM. Because of this Navy Federal placed an alert on my accounts. I was unable to pay. I attempted to pay with credit card, debit card, attempted to... View More

Daniel P Leavitt
Daniel P Leavitt
answered on Nov 4, 2022

A class 1 misdemeanor carries a range of punishment of 0-12 months in jail and a fine of $0-2500 if you're found guilty. It does not seem like you had the intent to defraud so an attorney should be able to get this dismissed for you I would think.

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