Lawyers, Answer Questions  & Get Points Log In
Virginia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Virginia on
Q: What are the Statue of Limitations for being charged with Unattended Misdemeanor Hit and Run in Virginia?

My parked car was hit almost a year ago and am curious as to how long the SOL are.

Shemeka C Hankins
Shemeka C Hankins answered on Oct 15, 2019

Any misdemeanor offense has a statute of limitations of one year. If you are the victim, you should have reported this to the police. Unfortunately the more time that has passed, the likelihood of the police being able to do an effective investigation into who hit your car is low.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Virginia on
Q: Can the landlord charge me a fee to repaint after I’ve moved with no damage to the walls?
F. Paul Maloof
F. Paul Maloof answered on Oct 14, 2019

A charge to repaint the premises is generally stated in the lease to give the landlord that right. If the lease has that provision, then maybe the landlord has the right. If the lease is silent regarding that fee, the landlord does not have the right to charge that repainting fee.

1 Answer | Asked in Criminal Law for Virginia on
Q: Hey I I have questions about three misdemeanors

I have three misdemeanors on face in the court they are obstruction on a officer, public intoxication, misorderly conduct and I’ve already done the maximum penalty for misorderly conduct and public intoxication what do you think my outcome will it is my first offense

Shemeka C Hankins
Shemeka C Hankins answered on Oct 10, 2019

Every case depends on the specific facts of your case. It sounds like you don't have any prior record and this could be helpful to you. But in order to potentially keep your record clean, your best bet would be to get legal representation quickly in order to present any defenses you may have to the... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Virginia on
Q: what usually happens when charged with driving revoked (dui related) first offense
Shemeka C Hankins
Shemeka C Hankins answered on Oct 8, 2019

The answer truly is it depends. The facts from your underlying DUI will come into play, along with the facts of this offense. It is a class one misdemeanor and you can be sentenced to up to 12mos in jail and up to a $2500 fine. If you had a good behavior period on your underlying DUI, this could... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: What if a commonwealth attorney does not respond at all to expungement. Va law requires a response within 21 days
Shemeka C Hankins
Shemeka C Hankins answered on Oct 8, 2019

You should then motion the court to grant your expungement due to lack of response but you will more than likely still have to go before the judge and the Commonwealth will have an opportunity to present it's arguments at that point in time.

1 Answer | Asked in Criminal Law for Virginia on
Q: Helo with first offense mistameanor for possession.

I have never had a driver's license before. I was not driving. I am being charged with possession of marajuana (first offense mistameanor). My question is what the worst thing they can do as far as charges(I can't afford a lawyer so I will be representing myself). Particularly pertaining to the dmv... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Oct 8, 2019

Your charge can only be changed to felony if there are other factors such as the amount of marijuana, other drug paraphernalia, money you were carrying, other indicators of distribution because there is no felony level possession of marijuana, only distribution. For a first offense marijuana... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: facing false police report for lying on the stand to protect a very abusivea who threatened to kill me if I didn't
Shemeka C Hankins
Shemeka C Hankins answered on Oct 8, 2019

I'm assuming your question is what should you do if you are facing this charge. You need to seek an attorney to represent you as this is a class one misdemeanor. You need to discuss your options regarding the charge and tell the police about the threats, that's witness tampering which is a crime.... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Hello my son was in prison last year his girlfriend got caught on the outside now he has felony

From prison indictment

Susan Fremit
Susan Fremit answered on Oct 2, 2019

You have not asked a question. Can you resubmit your concerns by providing a question?

1 Answer | Asked in Criminal Law for Virginia on
Q: Whats the statute of limitations on class 6 felony for escape from a group home on conditional release
Paula Hough
Paula Hough answered on Sep 30, 2019

In Virginia there is no statute of limitations on felony offenses.

1 Answer | Asked in Criminal Law for Virginia on
Q: My husband found a lost dog. It did not have a tag showing the owner. He got charged with a felony

I didn't want the dog in my home so I let my neighbor provide for it. He got charged for my decision. Please help

Gary Kollin
Gary Kollin answered on Sep 26, 2019

He needs an attorney. Pay for one for him

1 Answer | Asked in Criminal Law for Virginia on
Q: How can I help my husband with his charges which resulted from my decision
Gary Kollin
Gary Kollin answered on Sep 26, 2019

It is possible

1 Answer | Asked in Criminal Law for Virginia on
Q: I press charges on someone they have a outstanding warrant do I have to show up for the court given
Bryan J. Jones
Bryan J. Jones answered on Sep 24, 2019

If you are subpoenaed to come to court, you will have to show up. If you're the one who pressed charges, you will probably receive a subpoena.

1 Answer | Asked in Criminal Law, Internet Law and Sexual Harassment for Virginia on
Q: My ex husband stole my iPhone and hacked my worked social media accounts (I am an entertainer at a Gentleman’s club)

My ex husband stole my iPhone (I let my 7 year old son borrow it for the day and it can only be used on WiFi) my ex husband and or his girlfriend hacked my work social media accounts. I changed my Instagram picture to a NUDE photo of me and put his phone number on my Instagram to try to get the... Read more »

Bryan J. Jones
Bryan J. Jones answered on Sep 18, 2019

You could file a civil lawsuit against him. If you'd like to do that, you should go to your local General District Court and tell them the situation and they will give you the paperwork to file the suit.

If he's stolen your phone, he could be charged with larceny. If he's hacked into your...
Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Can I get a 20+ year old Domestic violence charge overturned and cleared?

I was charged by (ex)wife, of Domestic violence for grabbing her in 1996. No arrest, Only offense. Was sent to anger management. and completed course. Had to do a records check recently and All records by court and police were purged after 10 years. Only thing left is a notation that the charge... Read more »

Gary Kollin
Gary Kollin answered on Sep 11, 2019

You can request the court to notate that the case is closed, etc.

You will probably have to notify her

I was recently successful for a client

1 Answer | Asked in Criminal Law for Virginia on
Q: Number of bond hearings allowed? Court date was put off til feb.2020 so will that help a person get bond?

Mother is also dying of cancer. Will that matter?

Bryan J. Jones
Bryan J. Jones answered on Sep 10, 2019

You can have a bond hearing in the district court and you can appeal to the circuit court and have another bond hearing. After that, you're entitled to more bond hearings if you can show that there's been a material change in circumstances. If there's been no change, other than the fact that more... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Can my husband be released from prison early if it is determined that he was given an outrageous amount of time

On a gun charge of which he had never been a felon before and was unaware of the gun where the arrest took place?

William Jaksa
William Jaksa answered on Sep 9, 2019

There are a few essential pieces of information missing in your question. Was he found guilty after pleading or after a trial? The outrageous amount of time was his sentence? What was the amount of time he received? Will he be appealing his conviction or sentence? Has he been on probation or parole... Read more »

1 Answer | Asked in Criminal Law and Animal / Dog Law for Virginia on
Q: I got a puppy from someone and didnt pay can they press chatmrges on me
Gary Kollin
Gary Kollin answered on Sep 1, 2019

Did you steal it or did you get it with the intent to pay?

There is no debtor's prison

1 Answer | Asked in Criminal Law for Virginia on
Q: Can I cancel a polygraph test appointment with the police until I speak with an attorney?
Gary Kollin
Gary Kollin answered on Aug 31, 2019

Yes, you can cancel. You are never obligated to take a polygraph. Do not speak to the police until you speak to counsel

1 Answer | Asked in Criminal Law and Civil Litigation for Virginia on
Q: How do I get the papers a previous suit when my name is tied in it.
F. Paul Maloof
F. Paul Maloof answered on Aug 20, 2019

I do not handle criminal law matters. Sorry.

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 report... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.