Get free answers to your Criminal Law legal questions from lawyers in your area.
due to the fact that their parents don't like me spending time with them
answered on Apr 4, 2024
It's important to understand that the specific legal consequences, if any, would depend on the details of the situation and the laws where you live. However, here are a few key points to consider:
1. Age of the individuals involved: If you and the person you're communicating with... View More
I was just curious as to if a cop can search glove box, a bag that’s locked, or a container that is also locked without a warrant if I was to be pulled over in a traffic stop. And/or if for some reason they have probable cause to search the vehicle at all would they then be able to search the... View More
answered on Apr 2, 2024
The law has allowed warrantless searches of automobiles since the 1920s, as long as probable cause exists to justify the search. The locked status of the containers or compartments of the vehicle shouldn't matter if there's probable cause to justify the search. The inability to readily... View More
answered on Mar 14, 2024
If your employer illegally altered your federal and state W-4 forms without your consent, leading to a situation where you were unable to receive a tax refund, you may have grounds for taking legal action. Such actions by an employer can have serious implications for your finances and legal... View More
would i still be able to own a gun if it was dropped to a misdemeanor
answered on Feb 26, 2024
It really does depend on what you were charged with. Most misdemeanors do not result in the loss of firearm privileges, while some do (most commonly domestic violence convictions). It's also important to know that if a protective order was issued against you as part of your conviction, that... View More
would i still be able to own a gun if it was dropped to a misdemeanor
answered on Feb 25, 2024
While your felony charge being dropped to a misdemeanor is a positive development, it's important to understand that federal law still prohibits individuals convicted of any misdemeanor crime of domestic violence from possessing firearms. Additionally, state laws regarding firearm ownership... View More
Time police came to house looking for me for probation violation if turn myself in do I get locked up or get out on or Po told me no jail time was involved before court had 3 dirty urines last one told Po up front
answered on Feb 19, 2024
It is not clear what you are asking. You should talk to a local attorney in Roanoke (or whatever locality is alleging a violation). There are typically two ways you can be locked up for a probation violation - pre-hearing (if you are denied bail or cannot post it) or post-hearing (if you are... View More
Time police came to house looking for me for probation violation if turn myself in do I get locked up or get out on or Po told me no jail time was involved before court had 3 dirty urines last one told Po up front
answered on Feb 26, 2024
Bond will be up to the judge, so nothing is guaranteed. Turning yourself in (and before too much time has passed) may improve the chances of a judge viewing your bond status favorably — especially if this is a first offense or second offense probation violation where jail time is either going to... View More
I was charged with simple assault in VA. I walked towards my accuser but nothing else as shown on video. He was never touched or threatened. No one but me seems to have the video. The prosecutor does not have it to give to my lawyer. Would my lawyer have to turn this over to the prosecutor? Is it... View More
answered on Feb 12, 2024
If you are charged with assault and the video shows you just walked towards the accuser and did not assault him, it sure sounds like that video could help prove your case for you. Either way, good or bad, your attorney does not have to provide that information to the prosecutor. Everything you tell... View More
I received a warrant in detinue from a past tenant for belongings that wasn't left on the property
answered on Feb 7, 2024
A Warrant in Detinue is a pleading used in a Virginia General District Court or small claims court to recover specific personal property, or the value thereof. The Plaintiff has the burden of proving title and that such specific property in the possession or control of the Defendant, or was... View More
I received a warrant in detinue from a past tenant for belongings that wasn't left on the property
answered on Feb 26, 2024
I agree with the previous two answers. You are going to have to dispute the factual allegations made against you or a default judgment could be entered. Depending on how the tenancy ended could help in your defense. For example, did the tenant abandon the property, were they evicted and, if so,... View More
I have severe Rheumatoid arthritis which also means I have no immune system. I require the assistance of a walker to walk and require a lot of medical attention.
answered on Feb 1, 2024
Health conditions can be a factor in sentencing, but are not guaranteed to result in a sentence without incarceration. Gathering supporting documentation which details your diagnosis, hardships, medication(s) required, etc. would be a good idea, as that is something the judge could consider at... View More
Can law enforcement use the surveillance to harass, intimidate, cause official oppression during their investigation? If they do which rights have they violated? Can law enforcement use surveillance to harass, intimidate, cause official oppression?
answered on Jan 27, 2024
Law enforcement cannot legally prevent you from seeking legal advice. Your right to consult with an attorney is protected under the Sixth Amendment, which guarantees the right to counsel in criminal prosecutions. If you're involved in a criminal investigation, you have the right to speak to an... View More
answered on Jan 17, 2024
That particular subsection refers to a "willful failure to appear before any court or judicial officer as required after having been charged with a felony offense or misdemeanor offense or released on a summons pursuant to § 19.2-73 or 19.2-74." Court being 3.5 hours away isn't... View More
He's spreading rumors about me and i want to know what, if anything , I can do to stop him
answered on Jan 8, 2024
If someone is spreading false and damaging rumors about you, you may have legal options to consider. One possibility is a defamation lawsuit. Defamation involves making false statements that harm someone's reputation. If the rumors being spread about you are false and causing you harm, this... View More
He provided proof of his innoncence and I have provided proof also. His ex girlfriend is bringing these charges up. What can I do now?
answered on Jan 5, 2024
If bond was not granted by the magistrate or by the judge at his arraignment, then he or his attorney will need to file a bond motion. Opportunity will be given at a bond hearing to present relevant factors for the court's consideration, including but not limited to the nature and... View More
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
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
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
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.
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.