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Virginia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Child Custody and Domestic Violence for Virginia on
Q: Petitioner of no-contact order had me violated for text messages I sent her, but she texted me too before and after then

The petitioner alerted the court that I had sent her text messages. This was a violation of a no-contact protective order AND a no contact condition of a sentence that included 12 months of suspended time. However, she also sent text messages and engaged in several lengthy text conversations with... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Nov 20, 2021

Sounds like you're definitely in violation. Hire a lawyer to help minimize what they do.

1 Answer | Asked in Criminal Law for Virginia on
Q: Probation violation for failure to pay court fines during pandemic in Virginia

Under 19.2-305 c, it states courts can’t keep you on probation due to court fines

Aaron Pomeranz
Aaron Pomeranz answered on Oct 15, 2021

You need to refer to 19.2-305(A), section C refers to supervised probation, and using fines and costs as being the only reason to keep someone on supervised probation.

1 Answer | Asked in Criminal Law for Virginia on
Q: What time is my fiance looking at possibly? Jes been sitting in jail since July 24th and is looking to be in till nov 22

The original charge is b&e and petty larceny of 500 or less from a person he had 3 years sentence with 3 years suspended. He picked up 2 new charges and being held without on 2 pb15 violations one fel and one mis. His probation said he absconded from probation but he fell threw the cracks he... Read more »

Aaron Pomeranz
Aaron Pomeranz answered on Oct 15, 2021

Without more information, it is not possible for an attorney to give you an estimated sentence. There are numerous factors which include his past criminal record, the number of probation violation, the amount of drugs in his possession, etc.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Virginia on
Q: I pled guilty to a charge under duress now I'm a felon. How can I have my case reexamined?

In 2017 I was brutally assaulted by 6 police officer during a mental health crisis. After I called an officer out for kicking me in the head he charged me with assaulting a police officer. I weighed 115lbs at the time. I was covered in bruises and my wrists were so swollen I couldn't be... Read more »

Aaron Pomeranz
Aaron Pomeranz answered on Oct 15, 2021

Unfortunately, you do not have any appeal avenues regarding the criminal matter available because of the passage of time beyond the deadlines.

If you want to seek possible civil rights claims against the police officers, you need to speak to an attorney that is an expert in those matters to...
Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Should my wife seek counsel or just testify based on her recollection?

Hello, my wife was subpoenaed to testify in a criminal case she witnessed. A long dispute between some neighbors escalated and resulted in 1 death by the use of a hand gun. My wife saw the events unfold while she was at home. Over the next several days detectives took statements from all the... Read more »

Aaron Pomeranz
Aaron Pomeranz answered on Oct 15, 2021

As a general rule, witnesses do not need representation. If there is any concern that she may implicate herself while testifying to that crime or any other, then you should consult an attorney before going to court.

1 Answer | Asked in Criminal Law and Civil Rights for Virginia on
Q: I was a victim of police violence, denied my constitutional rights, falsely arrested for and convicted of a crime

Five officers dragged my face along a parking lot then covered it up by claiming I had a "Nose Bleed". I submitted hard evidence to prove my injuries were NOT from blunt force, but from dragging. Both the Civilian Board, Police Auditor or Internal Affairs did not consider ANY OF MY... Read more »

Ashley Robinson Winn
Ashley Robinson Winn answered on Oct 14, 2021

You can file a citizen complaint under Virginia code section 9.1-600. Your attorney should approach the Commonwealth’s attorney about the withholding of exculpatory evidence to see if he or she might reopen the case. This is serious misconduct. Talk with IAD again.

1 Answer | Asked in Criminal Law for Virginia on
Q: What are my legal rights with a detective who claims he'll follow warrants if I don't cooperate and he won't explain why

A detective showed up at my dad's door telling him that I need to get a hold of him by the next day or warrant will be issued. I contacted him via phone he won't tell me why or what or anything he just says he's going to give me an opportunity to cooperate and I don't know what... Read more »

Paula Hough
Paula Hough answered on Sep 7, 2021

You should not talk to the police without a lawyer present! Generally speaking, if the police have enough evidence for a warrant, they will get one, whether you talk to them or not. The police will use the "we'll take out a warrant unless you speak with us" tactic to get you to... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Estate Planning and Personal Injury for Virginia on
Q: If a witness in a case has a criminal record, how does that impact their credibility if they are asked to testify?
James H. Wilson Jr.
James H. Wilson Jr. answered on Aug 31, 2021

A witness may be asked about felony convictions and misdemeanors involving moral turpitude - lying, cheating and stealing. These types of crimes reflect on the credibility of the witness.

1 Answer | Asked in Criminal Law for Virginia on
Q: was there a new reform on probation violations in virginia?
Brian M. Latuga
Brian M. Latuga answered on Aug 24, 2021

Yes.

1 Answer | Asked in Consumer Law, Criminal Law and Personal Injury for Virginia on
Q: Can I sue an establishment as a customer for mental and medical distress from an employee? I contacted 7 eleven already

I was a truck driver. I went into the 7 eleven due to a stomach ache for some Tylenol. I didn't see it so I decided to use the bathroom instead. There was an item in front of the door but no do not use sign or out of order sign. Like 5 minutes after I sat down a big loud man Congress banging... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 19, 2021

A lot depends on what the person did, was it on video, etc. Certainly, there is no excuse for chasing someone out of a stall. However in most states emotional distress cases are difficult. You should consult with a member of the Virginia Trial Lawyers Association for the county where it happened.... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: The law is “innocent until proven guilty” if there is no evidence except “he say she say” could it hold up in court?

Between a 4 year olds words & an of age man words, court the judge convict the of age man with no evidence?

Daniel P Leavitt
Daniel P Leavitt answered on Aug 18, 2021

The court cannot find anyone guilty with no evidence. However any testimony, including a 4yo, is in fact evidence and they of course can find you guilty of there's enough evidence.

1 Answer | Asked in Criminal Law for Virginia on
Q: Hi, I have been subpeonaed as a witness for a case involving a woman driving erratically. Do I have to attend?

The court only convenes on Tuesdays, the one day a week I have an office rented and see most of my mental health clients. I can't switch the day and that is my money to live on, as well as my clients need their sessions. Is their an option like a recorded statement that I can legally request.

Paula Hough
Paula Hough answered on Jul 22, 2021

If you are subpoenaed, you are legally required to attend court. You may want to reach out to the Commonwealth's Attorney (prosecutor) in the jurisdiction where you have to go to Court. He or she may be able to help you avoid coming to court, or explain your options if you do not appear.

2 Answers | Asked in Criminal Law for Virginia on
Q: Can the state pick a charge up on you if they dismissed the charges for a federal indictment
Bernard Crane
Bernard Crane answered on Jul 19, 2021

Generally, yes.

Different soverign, so double jeopary doesn't apply.

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1 Answer | Asked in Criminal Law and Health Care Law for Virginia on
Q: What can I do for a family member that is incarcerated and needs psychiatric care?
Bernard Crane
Bernard Crane answered on Jul 19, 2021

Where is he in the process? Is he pretrial, presentence, or serving a sentence?

If he is being held pretrial or presentence, talk to his attorney right away. The attorney will know what resources are available locally to help, and how to get the Pretrial Services Agency or the jail to do...
Read more »

1 Answer | Asked in Consumer Law, Criminal Law and Federal Crimes for Virginia on
Q: Hi. I was wondering during if I would go to jail for a second theft charge?

my last theft was from 3 years ago and all I had for this new theft charge was a necklace and nothing else.

Bernard Crane
Bernard Crane answered on Jul 19, 2021

Its almost impossible to answer this question in a vacuum. There are too many variables. You say your "LAST" theft charge. You didn't say your "only other" theft charge. If this is your third or more theft charge, there is a higher probaility of at least SOME jail time.... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Can a judge add specific wording to a binding plea agreement?

We are in WV. My husband signed a binding plea agreement and one of the details was inpatient substance abuse treatment. While at the hearing, the prosecutor insisted on "long term" inpatient treatment, which was not in the original agreement. The judge subsequently added "long... Read more »

Bernard Crane
Bernard Crane answered on Jul 19, 2021

First off, "long term" treatment doesn't mean what it used to. Thirty years ago long term treatment was 1 1/2 to two years - or in some rare cases three years. As treatment got more expensive and more people started needingt it, it shrunk to one year, then 6 months, then 120 days,... Read more »

1 Answer | Asked in Contracts, Criminal Law, Internet Law and Juvenile Law for Virginia on
Q: Can they take my daughter or me to jail for fraud

My daughter had an Instagram (made her delete it) she’s 16 and wants to become a model. Someone approached her saying they were a company, everything was pretty suspicious from what i saw. She said she was interested and filled out a form asking about measurements, phone number, address, model... Read more »

Steven Krieger
Steven Krieger answered on Jun 1, 2021

A contract with a minor is usually unenforceable and it doesn't seem like a criminal violation if they gave her the money (as opposed to her stealing the money). If she's contacted by law enforcement, reach out to a lawyer ASAP. I'm sure anyone who responds would be happy to help. Good luck.

2 Answers | Asked in Criminal Law, Civil Litigation and Probate for Virginia on
Q: Is it unusual for a judge to do searches on the internet of the Plaintiff and defendant in cases they hear?
F. Paul Maloof
F. Paul Maloof answered on May 10, 2021

I do not handle criminal law matters. Sorry.

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2 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Virginia on
Q: How can I get a subpoena without a lawyer? May I object to questions on interrogatories due to dress?

How can I get a subpoena without a lawyer?

May I object to questions on interrogatories due to dress? The questions are absolutely placing me under duress and giving him all of the criminal evidence used against him

Sonja Aoun
Sonja Aoun answered on Apr 29, 2021

In some cases, you may request the clerk's office to issue a subpoena for you. The clerks cannot give you advice about how to request the subpoena, but many courts have forms available. A good place to start is the website of the court your legal matter is in. The Supreme Court of Virginia... Read more »

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Q: What type of evidence or witnesses is a defendant limited to , if any ?

Example: defendant is charged with embezzlement by their employer. Defendant has been falsely accused amd is suspicious of being framed by employer . A former employee was also accused of same crime.can defendant reach out to question them? Can defendant question employees that worked there after... Read more »

F. Paul Maloof
F. Paul Maloof answered on Apr 26, 2021

I regret that I do not handle criminal law matters. Sorry.

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