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Virginia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Virginia on
Q: Can someone with a nonviolent drug felony visit a home where the homeowner owns guns. In Virginia.

My nephew has a felony record for possession from a few years ago and was wanting to come visit me, but I am a gun owner and dont know if he is allowed to come and stay for a few days? I don't want to give up my firearm but don't want to get him in trouble.

Derek Allen Colvin
Derek Allen Colvin
answered on Jan 25, 2023

It is unlawful for a felon to be in possession of a firearm unless they have had their right to possess a firearm restored. Possession can be actual or constructive and is very fact specific. Actual is obvious, but constructive can be tricky. In court, the questions considered for constructive... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I’m charging with a 18.2-300 and I didn’t even touch the gun the plaintive was trying to take me away from my home

I have never been in trouble before ever.

Derek Allen Colvin
Derek Allen Colvin
answered on Dec 21, 2022

Virginia law criminalizes the possession of a sawed-off shotgun under Virginia Code Section 18.2-300. In Virginia, possession can be actual or constructive. You should consult with an attorney to discuss the facts of your particular case and any defenses you may have. Its not wise to post... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I have an arraignment coming soon and I need to know what kind of bail I’ll get

I was set a bond when I was arrested and it was unsecured because I have no prior criminal record and I’m not violent or a flight risk.

Derek Allen Colvin
Derek Allen Colvin
answered on Dec 21, 2022

It sounds like you have already posted a bond and are scheduled for an arraignment. An arraignment is typically to determine if you have retained an attorney or need one to be appointed for you. You should not have a separate bond hearing unless the Commonwealth has filed a motion to revoke your... View More

1 Answer | Asked in Criminal Law and Immigration Law for Virginia on
Q: Can I lose my green card if I got it through my mother and she commits a crime (not immigration fraud)

My father and I got our green cards through my mother legally. If my mother commits a crime such as a larceny and gets deported, will my father and I lose our green cards as well since we got them through her? I'm not asking about an immigration crime , we got our green cards without any... View More

Kevin L Dixler
Kevin L Dixler
answered on Dec 18, 2022

No, ‘unless’ either of you are accused of being a part of the criminal scheme. If so, you can be charged, indicted, arrested, and possibly convicted. That may get you deported!

If your mother is involved in a crime, you ‘do not’ have an affirmative responsibility to report her to...
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1 Answer | Asked in Criminal Law for Virginia on
Q: What are the penalties in VA for defrauding an innkeeper if it is a misdemeanor?

i was unable to pay 750 dollar tab. I was inebriated and spent a lot of money both on the debit and credit card. I also withdrew a lot from the ATM. Because of this Navy Federal placed an alert on my accounts. I was unable to pay. I attempted to pay with credit card, debit card, attempted to... View More

Daniel P Leavitt
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answered on Nov 4, 2022

A class 1 misdemeanor carries a range of punishment of 0-12 months in jail and a fine of $0-2500 if you're found guilty. It does not seem like you had the intent to defraud so an attorney should be able to get this dismissed for you I would think.

1 Answer | Asked in Criminal Law, Personal Injury and Libel & Slander for Virginia on
Q: Can I get sued if I make a vlog and talk about being assaulted by a 7eleven manager?

I wanted to tell My story because it was such a bizarre day and I informed 7 eleven of the incident and they did nothing. The manager was never punished but he's aware there's a warrant out for assault and he's been avoiding the store or atheist he hasn't been caught. Is it... View More

Daniel P Leavitt
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answered on Oct 18, 2022

As a general rule you cannot really completely insulate yourself from being sued. You do protect yourself a bit to the extent you are being completely truthful about what happened and couch your language in opinion or to the best of your recollection and avoid inflammatory labels... stick to the... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Are the police suppose to show you the evidence that they are charging you with?

I was arrested because they stated they found a baggy of residue In my door handle but I had just been dumpster diving

Brian M. Latuga
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Brian M. Latuga
answered on Mar 8, 2024

You will get some disclosure of the evidence through the criminal court process- typically called Discovery. Your attorney will file motions to handle your case and the allegations. It can take weeks or months for information to get to you through that process.

2 Answers | Asked in Criminal Law and Constitutional Law for Virginia on
Q: Who are the West Virginia attorneys answering questions on this here forum?
James L. Arrasmith
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answered on Feb 22, 2024

Justia is primarily a website offering legal information, content, and forms, rather than direct attorney-client advice or acceptance of cases. Feel free to browse this website to find the West Virginia attorney that suits your needs.

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2 Answers | Asked in Criminal Law for Virginia on
Q: Under current law, if a loved one is convicted of second degree murder, do they qualify for earned time credits?

With many changes and court hearings pertaining to the credits currently, we’re confused as to what if any credits he may qualify for.

Brian M. Latuga
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Brian M. Latuga
answered on Nov 28, 2023

They should qualify for the 85%/86% credit unless it’s a very old offense where parole applies.

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1 Answer | Asked in Constitutional Law and Criminal Law for Virginia on
Q: If I get arrest and in jail and the police are searching my house with a warrant. Should I give them the code to a safe?

Or would giving them the code show that I’m aware of what’s in the safe and be used against me? Also should police even be asking me for the code since I’m already in jail and haven’t read me my rights?

James L. Arrasmith
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answered on Oct 15, 2023

While the police may ask for the code to the safe during a lawful search, you have the right to remain silent and consult with an attorney. It's crucial to seek legal counsel to make informed decisions that protect your rights and interests.

1 Answer | Asked in Criminal Law for Virginia on
Q: Can I be charged in VA with possession of firearm just because people say they saw me with one

How can I get ammunition while convicted felon charge dropped if possible

John Michael Frick
John Michael Frick
answered on Sep 17, 2023

Yes it is very common to be charged with and convicted of a crime based on eyewitness testimony.

1 Answer | Asked in Criminal Law for Virginia on
Q: How long does the district attorney have to direct indict after Nolle prosequi in Virginia

After being charged with multiple misdemeanor shoplifting charges and refusing to take a plea resulting in jail time The prosecutor which was also the district attorney proceeded to Nolle prosequi the case with possibility of direct indictment. How long is the statute of limitation for the DA to... View More

Faraji A. Rosenthall
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Faraji A. Rosenthall
answered on Sep 15, 2023

They have 12 months from the alleged date of offense to indict a misdemeanor.

1 Answer | Asked in Criminal Law for Virginia on
Q: Hello. I'm just wondering what kind of penalty it is for failure to obey regulation sign on a department owned lake?
T. Augustus Claus
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answered on Jul 19, 2023

When it comes to disobeying regulation signs on a department-owned lake in Virginia, the specific penalties can vary depending on the nature of the offense and the regulations in place. Typically, failure to obey regulation signs can result in fines, citations, or other penalties.

1 Answer | Asked in Criminal Law for Virginia on
Q: Can someone use a voice recording as evidence in Va without the other person knowing they are being recorded
Brian M. Latuga
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Brian M. Latuga
answered on Jun 26, 2023

I’m criminal cases, generally yes. In other types of cases- divorce- generally, no.

2 Answers | Asked in Criminal Law for Virginia on
Q: I have a protective order against me. I need to know my legal rights as we live in the same house

It is a no contact order.

Faraji A. Rosenthall
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Faraji A. Rosenthall
answered on Jun 23, 2023

You should review the terms of the order and possibly contact a lawyer immediately if they are uncertain. Often, a protective order will require a person to leave a house even if they live there.

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Virginia on
Q: I’m just now finding out about this and all of this is completely wrong and untrue! What can I do?

I was not in attendance during the appeal as my lawyer told me that I wasn’t allowed to be and was notified by phone that the appeal was not honored. I’m sure where this information come from or why the police made such statements but they are completely false! I’m assuming they’re getting... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 18, 2023

Take the appellate decision to an experienced appellate specialist for a review of your options.

1 Answer | Asked in Criminal Law for Virginia on
Q: I have filed assault charges on my uni teacher with 3 witnesses. Would it be wise to pay a lawyer or use court-appointed

I am in nursing school and my teacher put her hands on me as 3 of my classmates witnessed. I immediately called my director and made her aware then my instructor told a completely false narrative in writing that I have shown to my witnesses who have confirmed it's false in every aspect but I... View More

Faraji A. Rosenthall
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Faraji A. Rosenthall
answered on May 27, 2023

Assuming it's a criminal case, then the case and your interests would be handled by the commonwealth attorneys office. Criminal cases are always the Commonwealth of Virginia v. The defendant (your professor) . You would be a witness, but not a party.

You cannot have a private...
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1 Answer | Asked in Criminal Law, DUI / DWI and Constitutional Law for Virginia on
Q: I want to ask a judge to change a court order made in a plea agreement years ago; can I use the Motion to Amend/Review?

It was a plea agreement from DUI to "wet reckless" with one of the conditions being to take ASAP before getting my license back. I am unable to take ASAP for financial reasons, can't secure employment, and this is holding me back from life progression.

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on May 3, 2023

You will most likely have no success in doing that because it was plea between you and the Commonwealth which is basically a contract. Additionally, you are well beyond the time to appeal or reopen your case.

1 Answer | Asked in Criminal Law, Civil Rights, Child Support and Family Law for Virginia on
Q: I am needing a strong minded person that can handle this challenge. I have paid my dues and document document document

The Commonwealth of Virginia's data system in the criminal child support and social service system has and is continuously causing havoc chaos nightmare in a loop please help I have documentation that shows my proof

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2023

A Virginia attorney could advise best, but your question remains open for two weeks. It looks like you're seeking an attorney. It could be difficult for attorneys on this site to contact you - the format here isn't set up like a referral service - it's basically limited to Q & A.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Virginia on
Q: If I am to challenge the lawfulness of an arrest in Virginia, is this done during the jury trial or before trial?

My PD claimed we are not to raise motion to suppress/strike/dismiss to challenge an unlawful arrest before trial, but let the jury decide during trial. I quoted §19.2-266.2. Defense objections to be raised before trial; hearing; bill of particulars, yet he still rejected and denied. If I am to... View More

Brian M. Latuga
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Brian M. Latuga
answered on Mar 20, 2023

If it is a challenge to reasonable suspicion, probable cause, or other constitutional challenge then that is a pretrial motion under the statute you cited.

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