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Virginia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Virginia on
Q: If you violate the terms of the a 251 disposition what will happen
Susan Fremit
Susan Fremit
answered on Mar 24, 2022

There is usually a "fail out" sentence which is a period of active time in prison. Speak to your attorney about this.

1 Answer | Asked in Criminal Law for Virginia on
Q: convicted at 18 for a crime done at 15 , im now 39 how to get it sealed or removed?

in the state of virgina i comited a crime at the age of 15, was areested and convited of armed robbery at the age of 18 , sentanced did my time and got out , im wanting to know if its possible to have itsealed or something like that so employeers will not be able to see how stupid iwas as a kid ? i... Read more »

Susan Fremit
Susan Fremit
answered on Mar 24, 2022

Generally speaking, criminal convictions in VA are never sealed or removed, especially crimes of violence. It does not matter how many years have passed since conviction or sentence has been served. However, you can write to the VA Governor requesting that you obtain your civil rights back. Then... Read more »

2 Answers | Asked in Criminal Law for Virginia on
Q: If a person waives their right to counsel at their arraignment and later decide they do want counsel how do they do so?
Paula Hough
Paula Hough
answered on Mar 20, 2022

You do not need to do anything other than hire and attorney. Waiving your right to counsel at arraignment doesn't mean you can't have an attorney. It just allows the court to proceed with your case in the event that you don't have one. If you have an attorney with you (or if the... Read more »

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1 Answer | Asked in Criminal Law and Juvenile Law for Virginia on
Q: When convicted of a violent felony as a minor, how do you go about expunging your records? Is it automatic? (Virginia)

We are in virginia. my partner was convicted of a violent felony as a minor (he was 17 at the time). he just turned 21 this year, so we were curious if he would need to petition the courts to have the records sealed/expunged… or if this is something the state will do automatically?

some... Read more »

Susan Fremit
Susan Fremit
answered on Mar 14, 2022

A felony conviction in VA cannot be expunged. When a juvenile is convicted of a violent felony, under current law, it is never sealed, unlike the usual process for juvenile records.

1 Answer | Asked in Criminal Law for Virginia on
Q: I am facing 2 class 1 misdemeanors. And ex roommate with a long criminal history reported me for petty larceny.

I have no lawyer. I own my own store. I have no criminal record other than traffic. And I am a business owner in the area. This guy is also a drug addict and he has been nothing but trouble. The larceny was a mistake I own a thrift store and I have merchandise scattered throughout our property. the... Read more »

Susan Fremit
Susan Fremit
answered on Mar 11, 2022

You said you are "going through the court system" which means you have likely hired your own attorney to represent you or you have a court appointed attorney to represent you. You should speak to that attorney regarding whether you will go to jail since that attorney has the... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: First time in trouble. I'm on pre trial i got a dirty urine I have a warrant or whatever (I'm wanted) will I get.a bond

I got a first offenders ple but court is May 25 will I have to go to jail until then. I'm scared never been in trouble

Susan Fremit
Susan Fremit
answered on Mar 10, 2022

You need to speak to your attorney who helped you with the possibility of getting a first offender's plea. You may still be ok.

1 Answer | Asked in Criminal Law for Virginia on
Q: I need help understanding how an expungement works and perjury used in a trial.

Do you go in front of a Judge to plead your case for an expungement? I have evidence that perjury was used in my trial, my charge was a counter charge after said person was delivered the summons. I was arrested for another false charge by the same person months later. My protective order was also... Read more »

Paula Hough
Paula Hough
answered on Feb 10, 2022

These are two separate questions.

As for expungement, when a person is found not guilty or their case is otherwise dismissed by the Commonwealth, the individual may be eligible to have the charge expunged from their record. That is done by a civil petition to the Circuit Court of the...
Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Virginia on
Q: I got arrested and they didn't read me My Rights told my attorney and she said they didn't have to
Susan Fremit
Susan Fremit
answered on Feb 9, 2022

If after arrest you were not asked any questions about the offense, the arresting officer was not required to read you your Miranda rights.

1 Answer | Asked in Criminal Law for Virginia on
Q: I have a Spyware app on my daughters phone if a recording of child abuse is on it would it be legal evidence?

Only I know the app is on the phone.

Richard W. Noel
Richard W. Noel
answered on Feb 6, 2022

evidence is neither legal nor illegal. It is merely evidence. Whether it's admissible or not is a different story. It may be or it may not be. Speak with an attorney. Evidence of child abuse in any form, from any source, would carry a lot of weight in a case. Explaining how it came to be,... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Someeone I know is apart of a fraudulent group?

Someeone I know is apart of a fraudulent group. He doesn't commit any of the crimes himself however he gets a cut of the pay as he was the "founder" of the group. When he gets caught what legal action would he be facing

for being the ring leader. Note this is all done online.... Read more »

Paula Hough
Paula Hough
answered on Feb 4, 2022

If someone is involved in a crime, they can be charged as a co-conspirator and we subject to the same charges and penalties as the others, regardless of their level of involvement.

1 Answer | Asked in Criminal Law for Virginia on
Q: Quick question regarding deferred disposition

If a defendant enters a deferred disposition but but the prosecutor does not agree with the disposition can they still bring it up to a judge and have them decide?

Daniel P Leavitt
Daniel P Leavitt
answered on Jan 26, 2022

Usually deferred dispositions have an understood outcome so once you get it you're usually good to go. But it's possible to defer disposition and order mitigation and leave the outcome open ended... so they might be consulted for their opinion but usually that's not the case.

1 Answer | Asked in Criminal Law for Virginia on
Q: My attorney is very rude and disrespectful. Can I get a new one? Or are most adults/attorneys just rude like this?
Daniel P Leavitt
Daniel P Leavitt
answered on Dec 24, 2021

You can hire any attorney you want.

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Federal Crimes for Virginia on
Q: VA Intestate Probate, on day of death, Spouse moved all money out of decedent's businesses he did not own any of

Spouse had wife own businesses while she was alive because he had "no credit", got huge loans in her name as guarantor, sometimes under false assertions about losses (SBA EIDL), acted as manager in member-managed LLC without being a manager or member, after 23 years of marriage used... Read more »

Richard Sternberg
Richard Sternberg
answered on Dec 14, 2021

Your description requires a series of follow-up questions, but other than the car registration, I don't see anything that is likely to excite a prosecutor. There may well be a question of undue influence or competence at the time she signed everything over to him, but you will likely need to... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: What is manipulation of a witness in VA

My girlfriend’s son is involved in a large case in VA. His attorney said to him that prosecutor was possibly looking at her for manipulating a witness. What kind of attorney does she need to get,if any at all?

Paula Hough
Paula Hough
answered on Dec 9, 2021

Your son's girlfriend will need a lawyer who handles criminal cases, as tampering with a witness is a criminal offense.

1 Answer | Asked in Criminal Law, Child Custody and Domestic Violence for Virginia on
Q: Petitioner of no-contact order had me violated for text messages I sent her, but she texted me too before and after then

The petitioner alerted the court that I had sent her text messages. This was a violation of a no-contact protective order AND a no contact condition of a sentence that included 12 months of suspended time. However, she also sent text messages and engaged in several lengthy text conversations with... Read more »

Daniel P Leavitt
Daniel P Leavitt
answered on Nov 20, 2021

Sounds like you're definitely in violation. Hire a lawyer to help minimize what they do.

1 Answer | Asked in Criminal Law for Virginia on
Q: Probation violation for failure to pay court fines during pandemic in Virginia

Under 19.2-305 c, it states courts can’t keep you on probation due to court fines

Aaron Pomeranz
PREMIUM
Aaron Pomeranz
answered on Oct 15, 2021

You need to refer to 19.2-305(A), section C refers to supervised probation, and using fines and costs as being the only reason to keep someone on supervised probation.

1 Answer | Asked in Criminal Law for Virginia on
Q: What time is my fiance looking at possibly? Jes been sitting in jail since July 24th and is looking to be in till nov 22

The original charge is b&e and petty larceny of 500 or less from a person he had 3 years sentence with 3 years suspended. He picked up 2 new charges and being held without on 2 pb15 violations one fel and one mis. His probation said he absconded from probation but he fell threw the cracks he... Read more »

Aaron Pomeranz
PREMIUM
Aaron Pomeranz
answered on Oct 15, 2021

Without more information, it is not possible for an attorney to give you an estimated sentence. There are numerous factors which include his past criminal record, the number of probation violation, the amount of drugs in his possession, etc.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Virginia on
Q: I pled guilty to a charge under duress now I'm a felon. How can I have my case reexamined?

In 2017 I was brutally assaulted by 6 police officer during a mental health crisis. After I called an officer out for kicking me in the head he charged me with assaulting a police officer. I weighed 115lbs at the time. I was covered in bruises and my wrists were so swollen I couldn't be... Read more »

Aaron Pomeranz
PREMIUM
Aaron Pomeranz
answered on Oct 15, 2021

Unfortunately, you do not have any appeal avenues regarding the criminal matter available because of the passage of time beyond the deadlines.

If you want to seek possible civil rights claims against the police officers, you need to speak to an attorney that is an expert in those matters to...
Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Should my wife seek counsel or just testify based on her recollection?

Hello, my wife was subpoenaed to testify in a criminal case she witnessed. A long dispute between some neighbors escalated and resulted in 1 death by the use of a hand gun. My wife saw the events unfold while she was at home. Over the next several days detectives took statements from all the... Read more »

Aaron Pomeranz
PREMIUM
Aaron Pomeranz
answered on Oct 15, 2021

As a general rule, witnesses do not need representation. If there is any concern that she may implicate herself while testifying to that crime or any other, then you should consult an attorney before going to court.

1 Answer | Asked in Criminal Law and Civil Rights for Virginia on
Q: I was a victim of police violence, denied my constitutional rights, falsely arrested for and convicted of a crime

Five officers dragged my face along a parking lot then covered it up by claiming I had a "Nose Bleed". I submitted hard evidence to prove my injuries were NOT from blunt force, but from dragging. Both the Civilian Board, Police Auditor or Internal Affairs did not consider ANY OF MY... Read more »

Ashley Robinson Winn
Ashley Robinson Winn
answered on Oct 14, 2021

You can file a citizen complaint under Virginia code section 9.1-600. Your attorney should approach the Commonwealth’s attorney about the withholding of exculpatory evidence to see if he or she might reopen the case. This is serious misconduct. Talk with IAD again.

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