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I'm wondering if they violate the 2020 law that was passed regarding trigger activators. The device doesn't explicitly use the recoil energy of the firearm to function the same way a bump stock does, but does use the rearward bolt movement of it to function. I asked the state police but... View More 
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answered on Nov 12, 2024
Litigation at the federal level regarding forced reset triggers seems to be ongoing. The latest ruling I could find is from Texas, where a federal district court ruled against the ATF this summer regarding seizure of these devices. In Virginia, the closest controlling statute I could find is §... View More
Do we both get in trouble? Do I get in trouble? Or Do he just get in trouble because of the threats.
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answered on Nov 11, 2024
You can act in self-defense in certain situations. Whether you committed a crime will depend on a number of factors, including the nature of the threats against you and his behavior in the moments before he was struck by your vehicle. It's not clear from your post whether anyone has been... View More
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answered on Oct 31, 2024
Merely having been accused of something that has since been expunged should not disqualify you from possessing, purchasing, or transporting a firearm in Virginia. If you had received a felony conviction, you would want to get your firearm rights restored before attempting to possess or purchase an... View More
No transcripts were received with my FOIA request from the court. The company who has the transcript quoted cost of $600. As the victim in this case, are any options available to obtain a copy for free?
I later sent this to the court:"Virginia Law § 19.2-165,The reporter or other... View More
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answered on Oct 30, 2024
Unfortunately, FOIA involves the requesting party having to pay for the reasonable costs of production. Additionally, the statute you cite includes the following language: "Upon the request of any counsel of record, or of any party not represented by counsel, and upon payment of the reasonable... View More
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answered on Oct 22, 2024
Generally a charge is either nolle prossed (decline to prosecute) or dismissed. Those often do show up on background checks. You can likely get the record expunged depending on how it precisely was dismissed or dropped... sometimes you cannot expunge them. You might want to find out if you can get... View More
I mis scanned a few items during self checkout ($40 worth) I was stop by a guy and told to go in the security room. He checked my receipt and saw I had mis scanned a few items and asked why? I told him I was in a rush and it wasn’t intentional. He asked if I had my id which I didn’t because I... View More
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answered on Oct 20, 2024
Yes they are trying to build a case against you. That's why they were asking you questions. You can expect that they will review any prior visits to that store. I've seen clients go from one charge to 11 charges. So if you have a history of doing this then I think more charges might come... View More
I had a hair transplant procedure at Virginia Surgical Center in Virginia Beach. They’ve been exposed recently for performing unlicensed surgical procedures. I was not aware at the time of my procedure that these individuals lacked medical education, training, and licensure.
I am... View More
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answered on Oct 17, 2024
I recommend that you consult with a lawyer who handles plaintiffs' work in the Virginia Beach area. Make sure that you preserve all evidence (photos, etc.) of these issues, as well as of your medical appointment itself (bills, etc.). There's no shortage of firms handling such work. You... View More
Credit card maxed out by doing balance transfer amount is 4000$
I was using the same credit card for 3 years in the past
I have moved out of USA as wife lost job
Warrant in debt filed after 3 years I left the country
Hearing happened the same year but I was not in... View More
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answered on Oct 15, 2024
From the facts that you give, it is likely that the statute of limitations has expired and that the creditor can no longer collect on any debt. However, if the creditor got a judgment against you, because you didn't appear, then the judgment may still be valid and collectible if and when they... View More
Search truck was told no . Then brought I. A dog , no tickets for the reason they stopped us. Is that legal
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answered on Oct 12, 2024
If you are lawfully pulled over they can extend a lawful stop for a time to run dogs around the car.
I'm not certain based on what you told me that the stop was indeed lawful. It doesn't take much, but I think it might take more than that. I'm not sure how they would try to... View More
Public def wants to settle on 30 days suspended but this will violate peace and good behavior what can I do
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answered on Oct 4, 2024
Explain the circumstances of that other case to your lawyer. They should hopefully be able to give you advice on how a plea on the current charge could affect a good behavior violation. If the potential good behavior violation is in the same jurisdiction, sometimes the prosecutor could agree not to... View More
I'm a convicted felon and just enrolled into college studying (BA) Psychology. I want to become a substance abuse counselor.
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answered on Sep 24, 2024
The Virginia Board of Counseling seems to have broad discretion on certification decisions. There does not appear to be any conviction that would act as an automatic bar to certification. Each candidate appears to be evaluated on a case-by-case basis. For more information, the Board of Counseling... View More
He was dismissed from the school bc of another incident. What to do
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answered on Sep 23, 2024
There is no statute of limitations on felony offenses in Virginia. I obviously do not know what specifics act(s) your daughter is alleging, but a felony offense could potentially be prosecuted even after more than a decade. If your daughter suspects a crime happened and wishes to report it, she... View More
Multiple stabs wounds
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answered on Sep 22, 2024
I would recommend first that you attempt to meet with the Commonwealth's Attorney for the jurisdiction where this happened. Such a meeting would give you an opportunity to voice your concerns about the investigation and possibly get some answers from the lead prosecutor as to why no criminal... View More
Will a sealed conviction need to be disclosed on an immigration application?
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answered on Sep 17, 2024
Not likely; Rule 1:1 of the Rules of the Supreme Court of Virginia states that the conviction and sentencing order in your criminal case has long since been made final.
There is, however, a new law that should come into effect next year that may allow you to petition to have your felony... View More
I completed 10 hours of community service between May 1st and 18th. I brought this to the judge on May 30th. The judge assigned me 20 hours of community service. Do I need to do 10 additional hours or 20 in total?
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answered on Sep 15, 2024
Without being there I couldn't tell you. I recommend calling the clerk's office for the court in question and asking if there are any notes on your warrant or summons that indicate what the judge wanted. At the very least, you can tell the judge you double-checked with the clerk's if... View More
I took about $100 worth of items from a car. I gave the items back to the officer so they got their stuff back. The officer specifically told me that she seen the video and had a list of the missing items which she lied and did not and coerced me into telling her I did it and threatened me and my... View More
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answered on Sep 15, 2024
If you have been charged with an offense it is always better to turn yourself in rather to be arrested at an inopportune time by an officer. I recommend doing so early in the work week so that if for some reason the magistrate holds you without bond you won't sit around all weekend in the... View More
My fiance is incarcerated we have zero income now,, he is charged with enter structure, poss. Of burglary tools,
petite larceny. Accused of these crimes because fiancee vehicle license plate was seen on flock camera in the area , vehicle matching description was seen on camera a block... View More
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answered on Sep 13, 2024
Unfortunately you generally can get court appointed/public defender or retain an attorney you choose. The standard is not extremely high and most court appointed attorneys and public defenders meet that minimum level. But if you're not happy you would likely need to hire an attorney. If... View More
I was convicted in 1993 of a felony, under code 19.2-341 after 20 years im no longer required to pay those fines, but the code has since changed, am i still under the guidelines of the old code? From when i was sentenced?
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answered on Aug 14, 2024
As you correctly point out, at the time of your conviction the government was limited to a period of 20 years for the recovery of unpaid fines/penalties. The law prohibits "ex post facto" laws that update penalties and punishments after the fact. On the other hand, "procedural"... View More
I was out on probation for shoplifting alcohol at college. my probation officer said i only needed to come to a few meetings since i would be leaving to go back home in a month. I went to 2 then slept through the 3rd and she called me wanting to reschedule but i never contacted her because i was... View More
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answered on Aug 14, 2024
The best thing you can do is to contact your probation officer as soon as possible. Probation officers have discretion on whether to report a violation to the trial court and so it is in your best interest to re-establish contact. With any luck, you can smooth things over with your probation... View More
Can you have a firearm in a house with prohibited person that doesn't have access to the firearm
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answered on Aug 1, 2024
Yes. Another person's loss of firearm privileges does not eliminate your own. That being said, you will want to make reasonable efforts to ensure that the firearm remains outside of their possession and that it is not readily accessible by the prohibited person.
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