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I got a first offense petit larceny from Walmart for amount of 221.89 looking for help on my situation as I have summons to appear in court February 20th , I am terrified and wondering if I’m going to jail or am I able to do something to not good to jail
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answered on Feb 12, 2025
If you do not have any felony convictions, the judge is permitted in his or her discretion to defer your case for dismissal if certain conditions (e.g. payment of restitution, keeping the peace, etc.) are met. It's purely at the judge's discretion and so it will depend on the custom of... View More 
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answered on Feb 10, 2025
If the cases are criminal in nature, you should hire counsel to represent you on those charges & prevent that information to him or her. That person will best advise you as how you can use that information to your advantage. You can request a public defender through the court you’re charged... View More
I got charged with a meth pipe that was it he took me to jail over a possession witch I didn’t have no drugs he didn’t test it or anything but I had pills that wasn’t mine and insulin needles with stuff loaded in it and they had my boyfriend in handcuffs while I was at a friend and I walked... View More
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answered on Feb 9, 2025
You can be charged for any offense that is a violation of law where the officer has probable cause to believe you committed. The officer has to have jurisdiction where the alleged offense occurred.
If somebody else committed a different violation for which they didn't get charged, it... View More
Augusta County, VA- I stopped for the bus unloading kids going the opposite direction as me on a county 2-lane road (double yellow lines). It started moving as did the cars behind it (I was going opposite direction), so we got closer in distance then realized it was stopping AGAIN only a couple... View More
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answered on Feb 6, 2025
Under the circumstances, your response to the bus going back into motion was perfectly reasonable. Regardless, you stopped for the school bus as required as soon as you realized it had stopped for a second time. I see no violation.
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answered on Jan 21, 2025
To be eligible for an expungement, the charge must result in an acquittal, or a nolle prosequi, or be considered "otherwise dismissed" by the court. If you had a plea deal where the judge found that the evidence was sufficient for a conviction, but a guilty finding was withheld and your... View More
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answered on Feb 6, 2025
David's answer from January 21, 2025 is correct about the current state of Virginia expungement law. However, the law is changing on July 1 of this year, & certain Class 6 felonies will be eligible for sealing (a different process than expungement). Whether your particular crime is... View More
He got a gun charge the found the gun in the glove box of a car he was driving. Is it likely he will get bond at circuit court?
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answered on Jan 17, 2025
Violent felons in possession of a firearm can be subject to a five-year mandatory minimum prison sentence. A felony possessing or transporting a firearm with a felony conviction within the past ten years is subject to a 2-year mandatory minimum prison sentence. So either penalty could be a... View More
answered on Jan 10, 2025
Yes, it better yet don't talk to them at all. Anything they say can and will be used against you. They can lie or trick you to get you to confess. You may not even know what the accusation is. They aren't asking because they want to hear your side, they are asking because they want to get... View More
The good behavior is for two felonies POs. Of scheduled 1 or 2 on my juvenile record I caught the charges at 16 charges with them fully at 19 I was give 2 year 2 years suspended one year good behavior my new pending charge is a shoplifting misdemeanor for 10 dollar sunglasses and I accidentally... View More
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answered on Jan 5, 2025
Good behavior violations are not governed by sentencing revocation report guidelines. If you were still under a term of good behavior when you committed a new violation of law, it's possible that you will face a good behavior violation on your old case. But not all good behavior violations are... View More
And is it possible to get a court appointment lawyer before you go to court
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answered on Jan 5, 2025
There is constitutional speedy trial (which depends on the circumstances of your case) and statutory speedy trial. Statutory speedy trial kicks in once a felony charge has been certified by the grand jury. The government has five months (if the defendant is held in custody) or nine months (if the... View More
Original charge is shoplift misdemeanor there were sunglasses I never took them but the store pressed charges so I got a summons I missed my court date due to an concussion I surfed due to a car wreck the day I got my summons never been in trouble in this county I have paperwork to back up... View More
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answered on Jan 3, 2025
You should retain an attorney so they can represent you on these. Courts often do issue no bond warrants when people fail to appear in court. So you will want someone to represent you and to be able to schedule a bond hearing. If not you would need to request a court appointed attorney after you... View More
Original charge is shoplift misdemeanor there were sunglasses I never took them but the store pressed charges so I got a summons I missed my court date due to an concussion I surfed due to a car wreck the day I got my summons never been in trouble in this county I have paperwork to back up... View More
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answered on Jan 4, 2025
If you don't have a lawyer appointed to represent you, you should consider hiring a lawyer. If you had a medical issue that affected your ability to keep track of the court date then you will want documentation to substantiate that. You will also be better served by turning yourself in... View More
Shoplift sunglasses like 15 bucks I didn't take them but clean record expect traffics and juvenile record in a different county never missed court before
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answered on Jan 3, 2025
If you can try to line up a lawyer and a bonds person. Usually they give a bond on misdemeanors but when you miss court sometimes they issue a no bond capias so you may have to have a bond hearing and that can take 2-5 days, or longer if you don't have a lawyer. But it all starts with turning... View More
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answered on Dec 6, 2024
There is no statute of limitations for felony offenses. That being said, it may be difficult to convince an investigator or the Commonwealth's Attorney's Office to charge someone depending on the length of time that has elapsed since the incident(s) you reference. That will depend on the... View More
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
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