Virginia Criminal Law Questions & Answers
Q: Friend on unsupervised probation, received a reckless on 80mph. Jail time or no?
Daniel P Leavitt's answer
You cannot get reckless driving for driving 80 mph unless it was in a 60 mph zone. We practice regularly along the NC/VA border for interstate 95 and 85 and those are 70 mph zones.
Jail time depends on what court the case is in, and the speed cited if it is reckless by speed. However, you have not provided adequate details as 80 mph is not reckless unless it is in a 60 zone and the area you described would not normally be in that speed zone unless it was on highway 58 which has a 55...
You cannot get reckless driving for driving 80 mph unless it was in a 60 mph zone. We practice regularly along the NC/VA border for interstate 95 and 85 and those are 70 mph zones.
Jail time depends on what court the case is in, and the speed cited if it is reckless by speed. However, you have not provided adequate details as 80 mph is not reckless unless it is in a 60 zone and the area you described would not normally be in that speed zone unless it was on highway 58 which has a 55...
Q: What’s the mandatory sentencing guidelines for possession of a firearm in a school zone in VA
Susan Fremit's answer
Under federal law, sentencing guidelines are mandatory; under VA law, sentencing guidelines are discretionary, which means the Judge can sentence above or below those recommended guidelines. However, in most situations, the Judges will sentence within the top and bottom of the guidelines. In VA, the guidelines take into account the defendant's prior convictions (if any) anywhere in the USA as well as any juvenile record, especially if that record contains a break and entry conviction. Also...
Under federal law, sentencing guidelines are mandatory; under VA law, sentencing guidelines are discretionary, which means the Judge can sentence above or below those recommended guidelines. However, in most situations, the Judges will sentence within the top and bottom of the guidelines. In VA, the guidelines take into account the defendant's prior convictions (if any) anywhere in the USA as well as any juvenile record, especially if that record contains a break and entry conviction. Also...
Q: So if the files are purged every ten years and the arrest still shows up shouldn't there also be records of case disp?
Susan Fremit's answer
Actually, the record check should indicate the case disposition. Why not do a background record check on yourself so that you can see what your potential employers are seeing? Any state police department should be able to do that for you. I am not sure what the cost would be but I am sure it is not a large amount.
Actually, the record check should indicate the case disposition. Why not do a background record check on yourself so that you can see what your potential employers are seeing? Any state police department should be able to do that for you. I am not sure what the cost would be but I am sure it is not a large amount.
Q: My case was appealed J&DR TO CIRCUIT COURT WHERE IT WAS TAKEN UNDER ADVISEMENT.
Daniel P Leavitt's answer
You should be able to access the file. The online system only goes back to 2000 or so. They should be archived somewhere in Henrico. Call the court and they should be able to help you.
You should be able to access the file. The online system only goes back to 2000 or so. They should be archived somewhere in Henrico. Call the court and they should be able to help you.
Q: How long are circuit court case proceedings and final case dispositions kept in va?
Daniel P Leavitt's answer
Not sure what you are getting at. You can go online and locate the information usually in the online court database. Records of convictions are kept a long time. I was able to locate a felony conviction from the 70's for a restoration of rights case.
Not sure what you are getting at. You can go online and locate the information usually in the online court database. Records of convictions are kept a long time. I was able to locate a felony conviction from the 70's for a restoration of rights case.
Q: Does a search warrant hav 2 specifically name a room n the house. 4 example home owner rents rooms 2 different people.
Susan Fremit's answer
A search warrant does not need to specifically describe a room in a house; simply the name of the suspected person, the suspected evidence expected to be found, the location including address and the basis for the warrant. Assuming the renters have a lock on each of the rooms he/she is renting and keep the room locked when the renter is absent, that should be a defense for an unlawful search if contraband is found.
A search warrant does not need to specifically describe a room in a house; simply the name of the suspected person, the suspected evidence expected to be found, the location including address and the basis for the warrant. Assuming the renters have a lock on each of the rooms he/she is renting and keep the room locked when the renter is absent, that should be a defense for an unlawful search if contraband is found.
Q: My child father attacked me in front of our child. His 2nd domestic violence charge. Will he get custody/visitation?
1 Answer
| Asked
in
Child Custody, Criminal Law, Domestic Violence and Family Law
for
Virginia
on
Answered on Mar 9, 2019
Answered on Mar 9, 2019
Susan Fremit's answer
I have moved your question to family law because that is the area of law you have a question about. Domestic violence and criminal law is for those charged with offenses in those areas and requiring answers related to such.
I have moved your question to family law because that is the area of law you have a question about. Domestic violence and criminal law is for those charged with offenses in those areas and requiring answers related to such.
Q: I recently asked a question about parole in the state of Virginia, and I would like a second opinion please.
Paula Hough's answer
Virginia abolished parole for felonies committed in 1995 or after. If someone was sentenced to a felony PRIOR to 1995, he or she would still be eligible for parole.
Virginia abolished parole for felonies committed in 1995 or after. If someone was sentenced to a felony PRIOR to 1995, he or she would still be eligible for parole.
Q: Charges for someone inciting a fight and driving one of the people to fight on the other person's property.
Daniel P Leavitt's answer
It's hard to say on this fact pattern alone. There are certainly fact patterns that can result in both a charge and a conviction if it arises to that level. But it's certainly possible to get charged. Getting charged means there is probable cause which is not a high standard. Getting convicted in a criminal case is guilt beyond all reasonable doubt so it's a much higher legal standard.
It's hard to say on this fact pattern alone. There are certainly fact patterns that can result in both a charge and a conviction if it arises to that level. But it's certainly possible to get charged. Getting charged means there is probable cause which is not a high standard. Getting convicted in a criminal case is guilt beyond all reasonable doubt so it's a much higher legal standard.
Q: Someone recorded our phone conversation without me knowing and shared it with other people
Bryan J. Jones' answer
In Virginia you are allowed to record a phone conversation if you are one of the parties to the conversation.
In Virginia you are allowed to record a phone conversation if you are one of the parties to the conversation.
Q: What is the punishment for a first time offender in an aggravated assualt towards a familiy member
Susan Fremit's answer
If the defendant was charged with committing a class 6 felony, such a charge carries a sentence of one to five years in prison, but with no prior record, any jail time may be suspended. However, if the victim is willing to speak to the prosecutor (and the defendant's attorney), it may be possible get the charge amended to a misdemeanor with mandatory counseling etc. The defendant's attorney may suggest that he enrolls in an anger management program as soon as possible. But the defendant...
If the defendant was charged with committing a class 6 felony, such a charge carries a sentence of one to five years in prison, but with no prior record, any jail time may be suspended. However, if the victim is willing to speak to the prosecutor (and the defendant's attorney), it may be possible get the charge amended to a misdemeanor with mandatory counseling etc. The defendant's attorney may suggest that he enrolls in an anger management program as soon as possible. But the defendant...
Q: I was accused of harassment by computer by an individual.
Susan Fremit's answer
Tpu need to hire a local experienced criminal defence attorney to represent you on the harassment charge. That attorney will get discovery and find out what the allegations are. (You can also go to the General District court vletk’s office and adk for a copy of the criminal complaint.)
Defamation cases are hard to win in VA. Speak to a civil litigator about this course of action because it is not a criminal law matter.
Tpu need to hire a local experienced criminal defence attorney to represent you on the harassment charge. That attorney will get discovery and find out what the allegations are. (You can also go to the General District court vletk’s office and adk for a copy of the criminal complaint.)
Defamation cases are hard to win in VA. Speak to a civil litigator about this course of action because it is not a criminal law matter.
Q: Are there any lawyers with experience in the mental health laws is Virginia?
1 Answer
| Asked
in
Criminal Law, Civil Rights, Constitutional Law and Health Care Law
for
Virginia
on
Answered on Feb 16, 2019
Answered on Feb 16, 2019
Timur Akpinar's answer
One option is to check with the Virginia State Bar's Lawyer Referral Service.
Tim Akpinar
One option is to check with the Virginia State Bar's Lawyer Referral Service.
Tim Akpinar
Q: Someone recorded mu phone conversation with them and didn't tell me i was being recorded
Daniel P Leavitt's answer
In Virginia one party to the conversation can do that as long as they're part of the conversation. However they cannot record if they're not part of the conversation.
In Virginia one party to the conversation can do that as long as they're part of the conversation. However they cannot record if they're not part of the conversation.
Q: Is it illegal for an adult to tell an adult to kill themselves through a text?
Bryan J. Jones' answer
I could be. If you encourage someone to commit a crime. There's a high profile case recently, although in a different state, where someone was convicted of a crime for encouraging someone to commit suicide.
I could be. If you encourage someone to commit a crime. There's a high profile case recently, although in a different state, where someone was convicted of a crime for encouraging someone to commit suicide.
Q: I was wondering if i needed a lawyer to fight my case?
Bryan J. Jones' answer
It would probably be a good idea to have a lawyer because the reckless driving ticket would be a permanent criminal conviction. There's a chance a lawyer could help you get the ticket reduced to a simple traffic infraction.
It would probably be a good idea to have a lawyer because the reckless driving ticket would be a permanent criminal conviction. There's a chance a lawyer could help you get the ticket reduced to a simple traffic infraction.
Q: can a lawyer agree to a set fee and then once fired charge you hourly fees and not refund a signicaint amout of money
Susan Fremit's answer
The problem you are going to encounter is that there was no written contract. Thus it will be your word against that of the lawyer. However, you can contact the VA State Bar to obtain more information on how to best deal with this situation.
The problem you are going to encounter is that there was no written contract. Thus it will be your word against that of the lawyer. However, you can contact the VA State Bar to obtain more information on how to best deal with this situation.
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