Virginia Criminal Law Questions & Answers

Q: What charges can a person face for unauthorized use of a debit card and unauthorized access to an email account?

1 Answer | Asked in Criminal Law and Identity Theft for Virginia on
Answered on Jan 12, 2019
Daniel P Leavitt's answer
The credit/debit card theft is a crime as is credit card fraud. Debit cards are considered credit card. So you have any number of crimes it would be. I am not familiar with the email access but I am positive that that's a crime as well if there was no permission. Credit card theft (not use, just being in possession of a stolen card they know is stolen) is punished like grand larceny.

Q: Can u sue if a adult is found guilty of d.a.m. And the minor has never been in trouble before

1 Answer | Asked in Criminal Law for Virginia on
Answered on Jan 12, 2019
Daniel P Leavitt's answer
Your question is asking about whether you can sue someone in a civil matter. Your question does not involve criminal law, to the extent that your lawsuit would be civil and not criminal. I don't know of any civil suit you could file but I don't practice civil law.

Q: how can I go about to start a petition for my husband to get a parole date?

1 Answer | Asked in Criminal Law for Virginia on
Answered on Jan 12, 2019
Daniel P Leavitt's answer
If he is in MS then you need to contact an MS lawyer who could do that. Virginia abolished parole in most cases. The state that charged him will govern where you file.

Q: Can I file charges against someone for impersonating me on social media and causing me to get arrested behind it?

1 Answer | Asked in Criminal Law and Internet Law for Virginia on
Answered on Jan 12, 2019
Daniel P Leavitt's answer
You need to clear up this issue. The police should be investigating someone who is doing this.

Q: Bf was arrested on DV class 6 felony

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Answered on Jan 12, 2019
Daniel P Leavitt's answer
DV cases are tough. Stay safe. As for what you can do, it's out of your hands and it is up to the prosecutor/judge. You can retain some lawyers to discuss theoretical scenarios of what a person in that situation might do. You don't want to be prosecuted yourself. Stay safe and good luck.

Q: Can a cop say he saw me driving an issue a warrant even though he didn't pull me over

1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Answered on Jan 12, 2019
Daniel P Leavitt's answer
I don't think anything would prevent them from going before a magistrate and swearing out a warrant. I could be wrong about that, but I think they can do that. If they didn't stop you though, how do they prove it was you and not someone that looked like you? So they may have proof issues.

Q: What is the likely hood of jail time and for how long for

2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Answered on Jan 10, 2019
Bryan J. Jones' answer
It's impossible to say with the little information that you've given. Make sure that you have an attorney to represent you. Your attorney will be able to go over all the facts of the case with you and advise you.

Q: Legal advise please

1 Answer | Asked in Criminal Law for Virginia on
Answered on Dec 24, 2018
Daniel P Leavitt's answer
You need reasonable suspicion for a traffic stop. How was the search conducted, etc? There may be issues. You need a lawyer to see if there are issues with the stop/search.

Q: is it illegal for a citizen to install bugs or videos in my house without my permission or to hack into my phone?

2 Answers | Asked in Civil Rights and Criminal Law for Virginia on
Answered on Dec 18, 2018
Daniel P Leavitt's answer
Read the following law:

https://law.lis.virginia.gov/vacode/title19.2/chapter6/section19.2-62/

Virginia is a one party consent state to record. If there is a police report then it appears you reported this to the appropriate investigative body.

Q: Can a person be held on a bond revocation if they were never part of a revocation hearing?

1 Answer | Asked in Criminal Law for Virginia on
Answered on Dec 18, 2018
Daniel P Leavitt's answer
A judge can issue a "no bond" capias. If you are held without bond, you will be able to request a bond hearing.

Q: Hello i was on a adult dating web site called badoo and was in a conversation and sent a nude picture. is this a crime

1 Answer | Asked in Criminal Law for Virginia on
Answered on Dec 18, 2018
Daniel P Leavitt's answer
Not all nudity is a crime but some nudity is. It is a crime to possess certain types of nude pornography. If you got a call from law enforcement, it would be best to consult with a criminal law attorney where you live who can advise you of your rights.

Q: Can someone film you at your front door without your consent?

2 Answers | Asked in Criminal Law for Virginia on
Answered on Dec 18, 2018
Daniel P Leavitt's answer
I doubt there is any issue with someone doing this. If my neighbors were throwing a loud party and I knocked on their door to confront them I would want to have video. Maybe there is a civil remedy but I don't see anything criminal based on what you said.

Q: Can I be charged with underage possession of alcohol if I’m 21 in the state of Virginia

1 Answer | Asked in Criminal Law for Virginia on
Answered on Dec 18, 2018
Daniel P Leavitt's answer
I think what you are asking is whether you can get convicted for a charge of underage possession (now that you are 21), which was originally brought when you were under 21. If that is correct, then yes you can because the violation occurred when you were underage and it was illegal for you to purchase or possess alcohol. Turning 21 doesn't rectify a valid charge if you illegally possessed alcohol when you were underage. That would be like saying if you get a speeding ticket for driving 80 mph...

Q: So is it illegal to try to be friends with a minor? And send pictures that are non sexual just face pictures?

2 Answers | Asked in Criminal Law and Sexual Harassment for Virginia on
Answered on Dec 17, 2018
Bernard Crane's answer
How old was the minor, and is the gender the same or different as yours? If we are talking about a 17 year old girl and you are a 19 year old guy, and there was nothing sexual and it was all above-board, you are probably OK. If this was a 12 year old boy or girl and you are over 20, you are probably not in a very good a situation. Either way, you should not have any further contact with the minor, OR with the parents. I wouldn't give them anything, or take their calls either.

Q: If I transfer SSI to Florida but get violated on misdemeanor probation in Virginia afterwards will I still get SSI in Fl

1 Answer | Asked in Criminal Law for Virginia on
Answered on Dec 17, 2018
Bernard Crane's answer
This is a benefits questions, not a criminal law question. Your SSI benefits will get cut off IF you are revoked and incarcerated. You don['t get cut off for having a criminal conviction or revocation. You get cut off if you are no longer on the street, and no longer need the benefits to survive. You can apply to have the benefits reinstated again after you are released.

Q: im 17 & slapped a pregnant women , i now have a court date what might happen?

1 Answer | Asked in Criminal Law and Juvenile Law for Virginia on
Answered on Dec 12, 2018
Bryan J. Jones' answer
You will probably be put on probation and have to complete counselling and stay out of trouble.

Q: Hi I'm 20 years old and i got a possession of alcohol under 21 charge. The bottle had a sip left. My record is clean

2 Answers | Asked in Criminal Law for Virginia on
Answered on Dec 5, 2018
Bryan J. Jones' answer
You should have an attorney representing you. If you're convicted, it would be a permanent criminal conviction. If you have a clean record, you are probably eligible for the first offender program. The first offender program is like probation, but if you successfully complete the program, the charge gets dismissed so you don't have a permanent criminal conviction on your record.

Q: is there a possibility of getting a deferral in virginia

1 Answer | Asked in Criminal Law for Virginia on
Answered on Dec 4, 2018
Daniel P Leavitt's answer
A true calibration is admissible in court. A judge is free to give it whatever weight he or she wants to. It's best to talk to a lawyer in that area first because it may be unnecessary.

Q: What about my constitutional rights on 4th, 5th, and 6th amendment

3 Answers | Asked in Criminal Law for Virginia on
Answered on Nov 21, 2018
Daniel P Leavitt's answer
What is your question? You have rights.

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