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answered on Jan 1, 2024
If you have been sentenced to 12 months with 12 months suspended and you are accused of absconding while on probation, there can be serious consequences. Absconding refers to the act of deliberately avoiding supervision or failing to report to your probation officer as required. Consequences for... View More 
I was bonded to a treatment center and had pretrial I went to pretrial before I left and then they made an appointment next month. I was still in treatment. My gf went to show documentation I was there and they stamped it and signed it and she has the copy also asked if I was going to get a warrent... View More
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answered on Dec 28, 2023
Without reviewing the pretrial violation letter I cannot say for sure what they're alleging. But be sure to bring any documents to court that indicate you were still in treatment during the scheduled pretrial appointment. Your girlfriend could be called as a witness if the court takes evidence... View More
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answered on Dec 21, 2023
Drug possession felonies are different from other felonies of the same class for expungement purposes. This means that it may be more difficult or even impossible to get a drug possession felony expunged compared to other types of felonies.
Here's a summary of the situation in... View More
I have read the motion. Most of it states the conversation is inaudible
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answered on Dec 12, 2023
There is no statutory or constitutional right to a plea offer from the prosecutor. If the prosecutor has extended an offer with a particular deadline attached to it, you may be out of luck. However, the Rules of the Supreme Court of Virginia do specify that you are entitled (for felony trials) to... View More
I was teaching girlfriend how to safely shoot bbgun twords the woods,when someone reported us and even after cooperating and voicing it was only a toy with my hands in air they drew 5 guns one to my head in the middle of the street in broad daylight in front of all my neighbors.
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answered on Dec 9, 2023
In considering a case against the police department for their response to you shooting a BB gun, several factors need to be evaluated. The police response, including drawing weapons and handcuffing, is typically assessed based on the reasonableness of their actions given the circumstances they... View More
My spouse was involuntarily committed for mental health several years ago. He is planning to petition for restoration of his right. If he is denied, can I legally purchase a gun as long as I keep it in a biometric safe that he cannot access? Do I have any alternatives so that my right is not... View More
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answered on Nov 28, 2023
If your spouse was involuntarily committed for mental health reasons, federal law, specifically the Gun Control Act of 1968, generally prohibits them from possessing firearms. In Virginia, your spouse can petition the court to have this right restored, but the process can be complex and the outcome... View More
My spouse was involuntarily committed for mental health several years ago. He is planning to petition for restoration of his right. If he is denied, can I legally purchase a gun as long as I keep it in a biometric safe that he cannot access? Do I have any alternatives so that my right is not... View More
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answered on Nov 27, 2023
Your rights are not infringed by the statutes governing your spouse. That being said, you ought to take reasonable precautions to secure any firearms so that your possession of them is exclusive and is not a de facto possession by your spouse. It sounds like you are on the right track, both in... View More
I was arrested in a traffic stop my property was seized I went to trial was found innocent in my trial but never received any of my property back I have tried and tried to get a hold of the detective and so is my attorney with no result for I am out $800
and a cell phone that is on my... View More
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answered on Nov 27, 2023
I would recommend that you or (ideally) your lawyer reach out to the prosecutor who handled the case to inform them of your property issue. The prosecutor will be in a good position to contact the detective directly. In the alternative, try reaching out to the law enforcement agency itself. If the... View More
I understand that in Virginia, a person must be 21yo to obtain a Concealed Carry Permit. However, if someone over 21yo with a VA Concealed Carry Permit gifts a pistol to their wife/girlfriend who is 18-21yo, can the wife legally conceal carry that pistol at her place of business if the property... View More
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answered on Nov 18, 2023
In Virginia, the law regarding concealed carry is clear that individuals must be at least 21 years old to obtain a Concealed Carry Permit. Without such a permit, a person aged 18-20 cannot legally carry a concealed handgun in public places or at their place of employment, even if it's private... View More
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answered on Oct 26, 2023
In Virginia, to obtain the original case number for a federal criminal case, contact the Clerk of Court's office for the relevant federal district where the case was filed. Provide any available case details and be prepared to pay any associated fees if required. In some cases, you may need to... View More
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answered on Oct 23, 2023
If you're facing challenges with a civil case in Virginia and are considering moving it to federal court, it's essential to determine whether your case qualifies for federal jurisdiction. To do this, you'll need to file a removal petition, outlining the reasons for the transfer and... View More
I was a passenger in a car that was pulled for theft but not reported stolen, owner was reported missing by his father, can the police legally search and/or detain thepassengers or occupants of vehicle and charge the passengers or honestly, could be said to be abducted occupants who were forcefully... View More
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answered on Oct 15, 2023
In general, if the police have probable cause to believe there is evidence of a crime in a vehicle, they can search the vehicle without a warrant. This can include searching areas accessible to passengers. However, simply being a passenger in a vehicle doesn't automatically give police the... View More
without them wanting legal action, what is typically the result of this?
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answered on Sep 6, 2023
The situation you have described is not uncommon. The cooperation of the alleged victim in a domestic violence case isn't always necessary; not "wanting legal action" does not prevent the prosecutor from calling the alleged victim as a witness at trial. In some cases where no helpful... View More
Do to my crippling anxiety, I’m scared to leave my house. I bought a gun so I would feel safe. My mom doesn’t allow guns in the house so I keep it in my car. I drove to Virginia. While there my car broke. My boyfriend was helping me get it fixed. I had the gun on the seat because I don’t have... View More
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answered on Sep 6, 2023
Although your boyfriend does not have to be the owner of the vehicle or of the firearm in order to be charged and possibly convicted of the offense, your explanation does present a possible defense or at least mitigation of the offense. Your explanation, copies of records (if available) of your... View More
Trial can not be taken into consideration? That the jury can not consider if a witness is truthful be entered into their decision? They may only go with what was spoken at trial?
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answered on Sep 6, 2023
Standard (commonly referred to as "model") jury instructions are typically used in criminal jury trials in Virginia. In my experience, the model jury instruction covering inconsistent prior statements of a witness will advise the jury that the purpose of any prior statement of the witness... View More
Hi,
I am an American Citizen that plead guilty to 2 misdemeanor charges in August of 2014:
DWI, 1ST , Misdemeanor
DRUGS: POSSESS SCH I OR II, Misdemeanor
I completed a 6 week rehab program and since then have not even received a parking ticket. I have no other... View More
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answered on Sep 3, 2023
While I can offer legal perspectives based on U.S. law, I cannot guarantee how Mexican authorities will treat your entry given your misdemeanor convictions. Being transparent and following Mexico's entry requirements will be crucial. If you encounter issues, it would be best to consult the... View More
Hi,
I am an American Citizen that plead guilty to 2 misdemeanor charges in August of 2014:
DWI, 1ST , Misdemeanor
DRUGS: POSSESS SCH I OR II, Misdemeanor
I completed a 6 week rehab program and since then have not even received a parking ticket. I have no other... View More
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answered on Sep 3, 2023
Mexico generally allows U.S. tourists to enter without a criminal background check for short visits, but it is within the discretion of the border agents to allow or disallow entry. To minimize issues, make sure you have all required documentation in order, including a valid U.S. passport. If you... View More
Victim's personal info released to culprit via postal mail.
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answered on Sep 1, 2023
n many jurisdictions, clerks of the court and court personnel are responsible for handling sensitive information and maintaining the confidentiality of individuals involved in legal proceedings, including victims of crimes. If a clerk of the court were to release a victim's residential address... View More
Can i beat my case
answered on Aug 15, 2023
There is a very slight possibility that you could use this to get the case dismissed. However, it is likely still possible for the prosecutor to bring the original forensic scientist into court to clear up that issue. It will depend on if the judge considers it a curable error (most errors are... View More
I let my 10 yr old stay alone in my hotel room for less than an hour.He left the room for a soda and locked himself out. He called me on his cell to let me know and I began heading back to him. He decided to ask the hotel lobby for a key and they called the police. Va does not have a minimum age... View More
answered on Jul 24, 2023
There is likely probable cause to charge you under Virginia Code Section 18.2-371 for rendering the child in need of supervision. There may be additional charges. It sounds like the charging decision is left to the discretion of the prosecutor in that jurisdiction. If charged, you should... View More
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