My aunt and I own a home together. I live there. She never even goes there. She gave the police permission to search inside without my permission and opened the door for them when i wasnt there. Is this legal in virginia? This is my mailing address, I reside there. Not her. Was this illegal at all?... Read more »
answered on Sep 20, 2022
You say she is a part owner of the home, so it sounds like it is probably a good search. If you have a signed lease entitling you to sole possession and she has no right to possess/enter/inspect then maybe you have something to base that claim on but it seems unlikely.
answered on Sep 18, 2022
18.2-108. Receiving, etc., stolen goods.
A. If any person buys or receives from another person, or aids in concealing, any stolen goods or other thing, knowing the same to have been stolen, he shall be deemed guilty of larceny thereof, and may be proceeded against, although the principal... Read more »
answered on Sep 15, 2022
I think the rule of thumb is to expect 85 percent. That's not a hard and fast rule I don't think but that's been my experience on felonies in Virginia. So if my math is right that should be about 4 years 8 months then subtract any time served... but I believe this can vary.
Failed to appear in Pennsylvania. Have AIDS AND was sick I couldn't travel. Was told I'd be ok except if stopped in Pennsylvania. I called police for assistance out of fear my place was being broken into and the Falls Church city police arrested me even though the national criminal data... Read more »
answered on Aug 28, 2022
You will want to request a court appointed attorney when you are in front of the judge. They should appoint an attorney to represent you if you qualify financially.
It was dropped next day
answered on Aug 6, 2022
Your question is not clear --- assuming that you are asking "When the state drops the larceny charges, can I expect the police to return the "evidence" my belongings to me at that time?" Under Virginia and federal law, the state cannot take property from you without... Read more »
I hear prosecutors will do anything to hold you accountable for a criminal violating my rights and threaten my life and go as far as using my Facebook to prove that I’m not a perfect example of what a human specimen is supposed to be instead of focusing on the career criminal makes me more... Read more »
answered on Jul 28, 2022
Self defense in Virginia is a complex affirmative defense. The facts surrounding the incident will be paramount in whether or not such a defense is successful. Social media posts might be detrimental to such a defense if they show that the actions taken were potentially planned in advance, or a... Read more »
If I go to court in ga and get jail time can they force me to break probation in VA?
answered on Jul 25, 2022
Are you asking about a probation restriction to travel out of state? If so, you can request permission from probation to leave the state.
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answered on Jul 25, 2022
It depends on whether your prior conviction was a misdemeanor or felony, and if it was charged as a domestic assault and battery. If you were convicted of a felony you will need to petition a Circuit Court for the restoration of firearm privileges. If convicted of domestic assault and battery... Read more »
I am an employee of a major store. I reported an incident of a man that exposed himself in front of me to the managers. The police came and never spoke to me. I found out 2 weeks later that the man was found and summoned to court. Should I expect a summons as well?
answered on Jul 20, 2022
You should expect a summons to come to court as a witness in this case. If you have not been summoned, but wish to testify, you should reach out to the Commonwealth's Attorney (prosecutor) in the city/county in which the offense occurred to make sure that you do get a subpoena for the case.
Was in an atv accident with my daughter and a virginia state police charged me with reckless endangerment of a minor (no) and persuaded tennessee to extradite. I have not had my court date for the infraction to plead not guilty to this charge.
answered on Jun 9, 2022
It appears that Tennessee issued a warrant of extradition for a misdemeanor which is usually non-etraditable and the VA State police were simply following up that. You may want to ask your former Tennessee attorney for advice on what is going on there. Also advise that attorney that you want to... Read more »
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.
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.
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.
Attacker used an axe, was on illegal substances, and drew blood.
I'm going to need a court appointment attorney but could any lawyer write it on my behalf? I had train tickets purchased before this message.
answered on Apr 4, 2022
In Virginia you generally would have to get the permission of the court to waive your appearance at the arraignment. You would request a court appointed attorney at the arraignment. So you may be able to reschedule the arraignment by contacting the clerk's office, but if you just send a letter... Read more »
We had a disagreement. Had an exchange of ideas that resulted in her trying to hit me, but she never did touch me. I wasn’t going to do anything about it, but her boyfriend ended up hitting me a week later. I was upset and filed the charges on both of them with the magistrate. I still want to go... Read more »
answered on Apr 1, 2022
It’s actually a common misconception that people can “drop charges” in Virginia. Once the case has been initiated, it is up to the prosecutor how to proceed.
So, if you receive a subpoena to appear in court, it IS a court order that you can’t just disregard because you “don’t... Read more »
answered on Mar 27, 2022
A Virginia attorney could advise best, but your question remains open for a week. It wasn't clear what type of personal injury claim is involved here - negligence (accident) or an intentional act. The details in the post were limited. You could reach out to personal injury law firms for more... Read more »
answered on Mar 24, 2022
There is usually a "fail out" sentence which is a period of active time in prison. Speak to your attorney about this.
in the state of virgina i comited a crime at the age of 15, was areested and convited of armed robbery at the age of 18 , sentanced did my time and got out , im wanting to know if its possible to have itsealed or something like that so employeers will not be able to see how stupid iwas as a kid ? i... Read more »
answered on Mar 24, 2022
Generally speaking, criminal convictions in VA are never sealed or removed, especially crimes of violence. It does not matter how many years have passed since conviction or sentence has been served. However, you can write to the VA Governor requesting that you obtain your civil rights back. Then... Read more »
answered on Mar 20, 2022
You do not need to do anything other than hire and attorney. Waiving your right to counsel at arraignment doesn't mean you can't have an attorney. It just allows the court to proceed with your case in the event that you don't have one. If you have an attorney with you (or if the... Read more »
We are in virginia. my partner was convicted of a violent felony as a minor (he was 17 at the time). he just turned 21 this year, so we were curious if he would need to petition the courts to have the records sealed/expunged… or if this is something the state will do automatically?
some... Read more »
answered on Mar 14, 2022
A felony conviction in VA cannot be expunged. When a juvenile is convicted of a violent felony, under current law, it is never sealed, unlike the usual process for juvenile records.
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