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Virginia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Virginia on
Q: If I didnt agree to be a witness for the prosecution, do I have to speak with them before the trial?

I picked my friend up after she allegedly committed a crime. The police came to job and I gave them permission to search my apartment where they found said friend. I had no prior knowledge that this friend had just allegedly committed this crime. That was 9 months ago and now I have been subpoenaed... Read more »

Susan Fremit
Susan Fremit answered on Jan 19, 2020

You don't have to answer any questions but you also don't want to be charged with hiding your friend. However, it is not likely you will be asked any questions by the prosecution until the day of court for which you were subpoenaed.

1 Answer | Asked in Criminal Law for Virginia on
Q: What happens after pressing charges through the magistrate's office?

My fiance pressed charges against my brother for assault and battery and I was there as a witness. I just wanted to know what happens now. I was in a state of shock that I don't fully remember what the administrative assistant said to me. Who determines to issue subpoenas and warrants? When does... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Jan 14, 2020

No need to worry about subpoena it's beyond your control. The warrant would have been issued by the magistrate, or not, if there was no probable cause.

2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Hello so me and my boyfriend got in argument and no physical contact or any hitting was involved but how ever he left

And came back he was angry and I was afraid so I ran and when I ran I cut my legs up like by wood branches how ever he never touched me or pushed but they did charge him with simple assault... what can I do to help him I dont want longterm damage to his life we do have a child in common and I love... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Jan 11, 2020

It's up to the prosecutor to move forward or not. If you are the only witness then they would need your testimony to convict. It's best for you to probably retain a lawyer for an hour to go over everything with you.

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1 Answer | Asked in Criminal Law for Virginia on
Q: I just found out I had court this morning and missed it, it was an arraignment.

I just found out I had court this morning and missed it, it was an arraignment. I was given a summons to appear in court but I just recently moved houses so my paperwork was misplaced. I am already out on bond in another county. Considering today would have been my arraignment where I would’ve... Read more »

Susan Fremit
Susan Fremit answered on Jan 7, 2020

If you can't afford to retain a private attorney to represent you, you are going to need to turn yourself in. You might want to contact your attorney who is representing you in another county for suggestions on how best to proceed, since this new charge may cause that bond to be revoked.

1 Answer | Asked in Criminal Law for Virginia on
Q: I have a recent petty theft misdemeanor.Have been a Practising RN for 5 years. Convicted guilty. How to remove?

I’m in my final year of my nurse practitionef program. Can i sit for boards? Feel like my nursing career is over due to the misdemeanor.

Susan Fremit
Susan Fremit answered on Jan 4, 2020

You cannot get a Virginia misdemeanor conviction expunged in Virginia, no matter how much time has gone by. Whether you can sit for the Boards will be up to the nursing association. Why not ask if there are any reasons for being ineligible to sit the Boards? Worded that way, you can receive... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: can my spouse drop a domestic violence assault and battery charge against me

If my spouse pressed charges on me and I ended up getting a domestic violence assault and battery charge can she drop those charges against my in court if the incident happened in our home and not in public?

Susan Fremit
Susan Fremit answered on Jan 1, 2020

Unfortunately, whether such an alleged assault occurred in your home or in public makes no difference. Your attorney may want to speak to your wife if she does not want to testify against you during your trial. She can't just "drop the charge" because the Commonwealth Attorney now has control of... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Rules of judge who once was a Commonwealth attorney in the same city
Susan Fremit
Susan Fremit answered on Dec 29, 2019

I am uncertain what your question is. Can a judge work in the same county or city where he was a Commonwealth attorney? Yes.

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Virginia on
Q: Can the Virginia Form DC-383 be filed without the respondent's name? Or how else can one stop a private nuisance?

I live in the State of Virginia. I believe that I am being harassed by a neighbor in a manner that I feel meets the definition of a private nuisance. I would like to file a court order to prevent this behavior. I know the origin of the disturbance but I am not sure if I know the individual's name.

F. Paul Maloof
F. Paul Maloof answered on Dec 26, 2019

I regret that I do not handle criminal cases. Sorry.

1 Answer | Asked in Criminal Law for Virginia on
Q: Had a handgun posession charge in 2003 in Maryland I live in va need to have it expunged to be able to purchase in va
Susan Fremit
Susan Fremit answered on Dec 25, 2019

You need to contact a Maryland attorney to see if a gun possession charge there can be expunged. You can only have Virginia charges expunged if you were found not guilty of that VA charge or if it was nolle prossed.

1 Answer | Asked in Criminal Law for Virginia on
Q: My 5th grade daughter was attacked by a classmate. My child is 10, the other child is 11.

This girl has been messing with my daughter all year long and I've been telling her to avoid her at all cost. My daughter does not feel safe and I would like to press charges against this child and/or her mother. Can this be done?

Shemeka C Hankins
Shemeka C Hankins answered on Dec 19, 2019

If you go down to your local magistrate for assault, that is potentially possible but I would suggest taking other action before you do this. Perhaps you can get a protective order for your child against this child. As to the mother, you could potentially take out charges of contributing to the... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Does Virginia Code 19.2-11.01 cover the expenses of recovering a stolen car?

My vehicle was stolen over the weekend and has since been recovered. In order to get my vehicle from the private impound lot i had to pay 400$

Andrew Stewart
Andrew Stewart answered on Dec 18, 2019

If the person who stole the car is prosecuted then you will be eligible to receive restitution from that individual for the the cost of getting your car from the tow lot.

3 Answers | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: If the attorney don't show up on a court date for a reckless driving in VA, who will be at fault ?

I may or may not be able to appear on the court date and have retained an attorney. But want to know the consequences of the attorney does not show up on the court date for any reason.

Daniel P Leavitt
Daniel P Leavitt answered on Dec 17, 2019

Your lawyer should advise you if you need to appear in court or not. Since courts require your presence even with a lawyer. Get it in writing from your lawyer on whether you need to appear or not.

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1 Answer | Asked in Criminal Law for Virginia on
Q: Will i be granted bond for a capias failure to appear with one failure to appear a year prior in another county?

I currently have a capias for failure to appear in Lynchburg, Virginia. A year ago in Campbell County, Virginia I was charged with a failure to appear. I was issued a summons. Considering the factors,what are the chances I will be granted bond by the magistrate?

Susan Fremit
Susan Fremit answered on Dec 12, 2019

It will depend on what your reason for non-appearance is. If you have a documented reason and show it to the magistrate, you may well get bond. Otherwise you will likely be held for a bond hearing before a Judge.

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

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