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Virginia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Virginia on
Q: What I can do about someone harassing me from another state

Since February my boyfriend's ex has been creating new Facebook pages every time we block her & harassing us. We are in Virginia and she is in Louisiana. I was wondering if there's anything I can do about this legally being that she hasn't threatened us and is just more of a nuisance than anything.

Susan Fremit
Susan Fremit answered on Dec 5, 2019

Specifically tell her, in writing, to stop whatever action she is doing which you feel is harassment. You don't need to feel threatened, just harassed. If the behavior does not stop, after you have put in writing to her to stop, call the Federal Court Clerk's office in Richmond about the next... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: How do I get a complete copy of the case files from the commonwealth's attorney, for a dismissed criminal case in VA
Bryan J. Jones
Bryan J. Jones answered on Dec 5, 2019

The Commonwealth's Attorney's Office is not required by law to give you a copy of your case files, even if the case was dismissed. If you had an attorney, you should contact your attorney to request that he give you a copy of his file.

1 Answer | Asked in Criminal Law for Virginia on
Q: First offender program with a conspiracy charge?

For a first offender in Virginia facing a felony drug possession and conspiracy to possess charge, how does the conspiracy charge work with the 251 dismissal?

Susan Fremit
Susan Fremit answered on Dec 5, 2019

The conspiracy charge is usually withdrawn (nolle prossed).

1 Answer | Asked in Criminal Law for Virginia on
Q: If the state of VA does not have a defendant to press charges does that mean the state does not have a case?

arrested for "assault on family member"

Officer stated that VA code requires someone to be arrested if the police are called for a domestic issue. My husband threatened to leave with our child. I pulled his shirt to stop him and also beeped his horn so a neighbor would assist. They called... Read more »

James H. Wilson Jr.
James H. Wilson Jr. answered on Dec 4, 2019

It is not unusual in family abuse cases for the complaining witness to decline prosecution, after thinking the matter over. Nevertheless, a criminal offense is considered an offense against the state, not between two private parties, and the state could compel a witness to testify against that... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Can my spouse still have a concealed carry permit in virginia if i am a felon
Susan Fremit
Susan Fremit answered on Nov 23, 2019

As long as your spouse is not a convicted felon or convicted of a domestic assault, your conviction should not impact on spouse obtaining or maintaining such a permit. The big issue for you is: where would be spouse's gun be stored and would there be an argument that you have "access" to your... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: I was arrested for a misdemeanor domestic violence assault.

I was arrested for a domestic violence assault charge. We were both highly intoxicated she kept changing her stories to police and had no injuries. I was arrested and taken to the magistrate and released on a summons. My question is will I go to jail or have to have a bond on my first court date?

Susan Fremit
Susan Fremit answered on Nov 17, 2019

You already have bond; that’s what released on a summons means. At your next court hearing you will be asked if you will be hiring your own attorney or not and a trial date will be set.

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1 Answer | Asked in Criminal Law for Virginia on
Q: What was the impact of United States v. Leon?

Has this case influenced other cases? Has the decision of this US v. Leon changed for following cases?

Gary Kollin
Gary Kollin answered on Nov 15, 2019

This site is not designed to answers questions of the nature of yours.

If yo wish to find a comprehensive answer I am sure by googling you can discover some

1 Answer | Asked in Criminal Law, Employment Law and Immigration Law for Virginia on
Q: an illegal immigrant who works at a store is accused of theft where paid under table. Should store owner report crime?

An illegal immigrant who works at a store is accused of theft where paid under the table. Who has more to lose if the store owner wants to report the crime because he/she employed the employee without documentation. The store owner might have video surveillance that shows the crime but can't prove... Read more »

Bryan J. Jones
Bryan J. Jones answered on Nov 15, 2019

I would say that the immigrant is more likely to be deported than the store owner get in trouble, especially if the amount stolen is $500 or more because that would be a felony.

1 Answer | Asked in Criminal Law for Virginia on
Q: For Felony 6 and DV, arrested. Is there anyway not to get guilty?

My husband was arrested for felony 6 and DV against his girlfriend. He told me that they had argument and he strangled her with anger. It is his first time offence. He wasn't arrested at the scene, but after her girlfriend reported. I think she made big report against him. Is it possible to make... Read more »

Gary Kollin
Gary Kollin answered on Nov 2, 2019

Magic does not work. But getting a good attorney is a great start.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Virginia on
Q: So in this case they have no right to break into my house?

If this is the case who do I talk to to file and what should I say since the broke into the house vice going to court?

F. Paul Maloof
F. Paul Maloof answered on Oct 30, 2019

Either talk to the County Attorney's Office for criminal matters or the clerk's office for landlord-tenant matters.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Virginia on
Q: There was no rent and no lease. From what I've read this falls under Tennant at sufferance, but I'm unsure where to go
F. Paul Maloof
F. Paul Maloof answered on Oct 30, 2019

In Virginia, a tenant at sufferance is also known as a hold over tenant. You are required to follow the legal procedure to ask the Court for the return of possession of the premises.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Virginia on
Q: I gave 2 roommates a verbal notice of terms for eviction 2 months ago, they broke the terms 2 weeks ago and I kicked

Them out and expressed why as well as providing proof. The terms were no alcohol. We found 20 cans of Mike's and a small bottle of whiskey.

Those terms were given as well as any items in the house will be withheld, with the exception of personal necessities, to take care of a $1000 debt or... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 30, 2019

If the roommates did not pay the rent on time, then you can give them a written 5 day notice to pay or quit. On the 6th day, you can file an unlawful detainer in the General District Court for the county/city in which the property is located. You can seek an order of possession from the Judge.

1 Answer | Asked in Criminal Law for Virginia on
Q: I need to get record expunged. I am low on capital how do I do this?
Bryan J. Jones
Bryan J. Jones answered on Oct 29, 2019

You should go to your local circuit court and request a petition for expungement. You should fill out the form and pay the filing fee.

1 Answer | Asked in Criminal Law for Virginia on
Q: Is there a time limit on when a person with a felony can petition for a concealed weapons permit?

All rights except the fire arms have been restored

Shemeka C Hankins
Shemeka C Hankins answered on Oct 22, 2019

You can petition the court to get your rights restored as soon as all of your other rights are restored. there isn't a time limit but you do have to realize that a court will look at how soon your criminal behavior was to determine whether or not it is "too soon" to restore you rights to carry a... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: A 17 year old got charged with Larson petit. Will that charge follow him on his adult record if he turns 18 before court
Shemeka C Hankins
Shemeka C Hankins answered on Oct 22, 2019

The charge is still petit larceny if he turns 18 before he is convicted. The age change does not have any bearing on whether or not he is charged with petit larceny. However, there are difference sentencing options that can open up now that he would no longer be a minor. You should also get an... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: can a office enter the home w/ NO warrant invite cause charged for a still in 2 sep pieces NOT using for shine

sheriff enters home no invite no warrant no cause just walked in like he owned the place.

still was confiscated no signs of making moonshine the still was in an old trash barrel in 2 or more seperate pieces

Bryan J. Jones
Bryan J. Jones answered on Oct 22, 2019

It depends. There are some narrow exceptions to the warrant requirement.

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 »

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