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Virginia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Virginia on
Q: I have a assault and battery case, I gave sd card containing video evidence, and the officer lost it
Brian M. Latuga
Brian M. Latuga answered on Aug 5, 2020

The question is, what?

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Real Estate Law for Virginia on
Q: What is the penalty (if any) for HOA board violating the VA Property Owners Association Act?
Elizabeth Crego
Elizabeth Crego answered on Jul 20, 2020

That depends on what they did. Violating the POA Act is unlikely to result in criminal liability on its own. You would want to read the Act in conjunction with the HOA's governing documents to determine what the board did and how to proceed. I recommend getting an attorney to help you... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: I am currently serving time in VA. Release date/earned sentence credit question.

My release date was 8/24/2024 but changed due to probation violation to 7/12/22. If my final sentencing order said that I was sentenced to a period of five years but all five years are suspended for a period of five years how can I be violated if the five year period is up? The original charge was... Read more »

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

This situation is best suited for the lawyer who assisted on your case because you have presented a very fact specific question. I'm going to try to break it down for you. Using the numbers you've given - so you were convicted of PWID in 2009 and given no time to serve but a five year... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Is the Navy able to discharge a sailor for being arrested and charged with a felony without having been convicted yet
Shemeka C Hankins
Shemeka C Hankins answered on Jul 9, 2020

The Navy can start the process of administratively separating you from the military for a number of reasons. They can make their own determinations that are independent of the criminal process going on, especially if the person has given a statement to the military about what has happened.... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Virginia on
Q: I currently have two charges that deal with marijuana. One for possession of paraphernalia and the other for possession

The charges happened in Va in two different counties. They are previous charges from 2015 and 2017

Brian M. Latuga
Brian M. Latuga answered on Jul 7, 2020

Good morning. Is there a question associated with this?

1 Answer | Asked in Criminal Law for Virginia on
Q: I called 9 11 bc I heard people in my house the cops came and searched my house without permission,and found a pipe,

Can they legally do that. I mean can I expect an indictment,or arrest from this

Shemeka C Hankins
Shemeka C Hankins answered on Jul 6, 2020

The answer is it depends. It depends on what areas you allowed them into in order to look for the robbers. If they then saw something in plain view, not hidden away, they can grab that. But there may be a very good cause of action if they were moving things about and searching in containers b/c... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: When you call the police to your home because it's being robbed,can they search your stuff and arrest you without a warr

Without a search warrant,say I call the cops to see if my house is being robbed . can they search my house a look for stuff then arrest me ?

Shemeka C Hankins
Shemeka C Hankins answered on Jul 6, 2020

The answer is it depends. It depends on what areas you allowed them into in order to look for the robbers. If they then saw something in plain view, not hidden away, they can grab that. But there may be a very good cause of action if they were moving things about and searching in containers b/c... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Municipal Law for Virginia on
Q: Has there ever been a case that was successful in the US where city council members were sued for their breach of oath

of office and the prosecutor won?

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

There is a concept called "immunity" in the law that shields people in public office from citizen disputes over discretionary decisions that are made. Police have it, council and school board members have it, judges have it and POTUS has it. An exception to this would be when the public... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: My boyfriend was charged with his first misdemeanor DV charge. He has no criminal record. What will the court prob. say?

My boyfriend was charged with his first misdemeanor DV charge. The victim made a statement under the influence of alcohol and the police took pictures of arm scratches (did not break the skin). He has no criminal record. What will the court most likely rule? Will he go to jail?

Shemeka C Hankins
Shemeka C Hankins answered on Jul 2, 2020

The answer to the question depends on a number of factors. Obviously with no criminal record and minimal injuries, things could be looked at very positively by the court. However, a domestic violence charge in Virginia carries up to twelve months in jail and up to a $2500 fine, if he is found... Read more »

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 »

1 Answer | Asked in Criminal Law for Virginia on
Q: How can I get video surveillance from Target for my petty larceny charges?

I was served with 3 warrants for petty larceny from Target in March. My court date was supposed to be May 7th but still hasn’t been rescheduled due to COVID. My lawyer has sent 2 subpoenas for the evidence but still nothing. Is there any way for me to get it myself?

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

If your lawyers have sent to subpoenas, then your lawyer knows how to move the court to compel it being turned over or other remedies since the request is not being honored. There really isn't another way for you to get the video above what your lawyer is doing.

1 Answer | Asked in Criminal Law for Virginia on
Q: Are criminal judges mandated to have mental health and addiction training?
Shemeka C Hankins
Shemeka C Hankins answered on Jun 22, 2020

They do go through training about potential defendants who are suffering from these issues and the different programs that the state or local agencies have to help them.

1 Answer | Asked in Criminal Law for Virginia on
Q: When charged in a criminal case, is it unusual to get a change of venue in Virginia?

Can a case be moved to a different county or jurisdiction?

Susan Fremit
Susan Fremit answered on Jun 19, 2020

Generally speaking, it is very difficult to get a chance of venue in VA. I tried, and lost, on the basis of incredible negative publicity AND postings on that jurisdiction's sheriff's website (so how could we get an untainted jury for trial?).

1 Answer | Asked in Criminal Law for Virginia on
Q: I have a charger where drug perfinallia was found in car it wasn't my car it was my girlfreinds and she will admit the w

Was hers will the drop the charges on me

Shemeka C Hankins
Shemeka C Hankins answered on Jun 17, 2020

Basically, you are stating that you were stopped and drug paraphernalia was found in the car. The car belongs to your gf and she is willing to say that whatever was inside was hers. I would get an attorney to help you get the most out of your GF's testimony on your behalf. The police will... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Can evidence from a previous DISMISSED DV case be used to convict a defendant in a new DV case?

1st DV case dismissed without any court proceedings. Victim didn't show, case dismissed.

2nd DV case 3 month later, prosecutor and judge used evidence from first dismissed case, to establish "history" and convict defendant, with bare minimum evidence for this new case.

Shemeka C Hankins
Shemeka C Hankins answered on Jun 11, 2020

Typically, the answer to your question would be no unless they overcame an exception to the rules of evidence about patterns or modus operandi which means a method in which you operate to commit the crime. I would speak to your lawyer about what happened in court. You have a right to appeal... 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 Criminal Law, Real Estate Law and Landlord - Tenant for Virginia on
Q: Are there legal/civil repercussions I can take for an apartment complex charging more rent than what’s on the lease?

I signed a lease for August 2019 to August 2020 at a college apartment complex in Lynchburg. The lease states that I will be charged $450 per month for rent. I have just been made aware that they have been charging $500 a month. I never knew because I paid for the whole leasing term in August. They... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jun 6, 2020

You have two alternatives. You can bring a small claims lawsuit for the excess/overage amount of rent in the General District Court of Lynchburg. You can also contact the Virginia Attorney General's Office and make a formal complaint.

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1 Answer | Asked in Criminal Law for Virginia on
Q: When I was younger my brother stabbed me with a snow shovel (metal tip) would he be sent to a JDC? If so for how long?

I think my parents never spanked him because he was the first born, however it left some good cuts, but less than an inch deep. When he was born he had his umbilical cord wrapped around his head, would this change the outcome? He was around 14 I was around 7.

F. Paul Maloof
F. Paul Maloof answered on May 20, 2020

I regret that I do not handle criminal cases or personal injury matters. Sorry.

1 Answer | Asked in Criminal Law and Constitutional Law for Virginia on
Q: Indicted by the grand jury

If you are arrested by a police officer and the officer says that you have been indicted by the grand jury do they still have to read you your Miranda Rights

Brian M. Latuga
Brian M. Latuga answered on May 8, 2020

One has nothing to do with the other. Indictment by a Grand Jury results in a charging document. Miranda rights are required after a custodial arrest and questioning about the subject of the arrest. A police officer can make an arrest on an indictment and simply not ask any questions about the... Read more »

1 Answer | Asked in Criminal Law, Antitrust and Small Claims for Virginia on
Q: What happens if you're a arrested and the wrong name is on the warrant?

If a police officers charges you with a crime but didn't spell the name on the summons or warrant correctly what happens?

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

They will fix it for you if you tell them it's not spelled right.

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