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Virginia Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law, Constitutional Law and Health Care Law for Virginia on
Q: How are a spouse's gun rights affected by involuntary detention for mental health?

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

James L. Arrasmith
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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

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2 Answers | Asked in Criminal Law, Constitutional Law and Health Care Law for Virginia on
Q: How are a spouse's gun rights affected by involuntary detention for mental health?

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

David G. Parker
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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

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2 Answers | Asked in Criminal Law for Virginia on
Q: How do I get seized money from an arrest that I was found not guilty of

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

David G. Parker
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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

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1 Answer | Asked in Constitutional Law and Criminal Law for Virginia on
Q: In VA, is it legal for a person 18-20 years old to conceal carry a pistol/handgun in this specific situation?

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

James L. Arrasmith
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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

1 Answer | Asked in Bankruptcy, Consumer Law, Criminal Law and Immigration Law for Virginia on
Q: Credit card debt. Is the case active as per the case details below?

Credit card maxed out by doing balance transfer amount is 4000$.

left USA as wife lost the job.

I was using the same credit card for 3 years in the past.

Warrant in debt filed after 3 years I left the country.

Hearing happened the same year but I was not in the... View More

James L. Arrasmith
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answered on Oct 16, 2024

Based on the information you provided, it appears that your case is no longer active. The judgment stating "case dismissed" and "judgment vacated" typically means that the court has closed the case in your favor. Since it's been over ten years and the case has been... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Virginia on
Q: Can a circuit court judge force a defendant to cease taking prescribed medications

I am on probation and have been using marijuana for many mental health issues and was prescribed medical marijuana but the court order says that I cannot use marijuana period. Is that a violation of an amendment right or something?

James L. Arrasmith
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answered on Oct 9, 2024

A circuit court judge has the authority to set conditions for probation, which can include restrictions on substance use. Even if you have a prescription for medical marijuana, the court may prohibit its use if it conflicts with the terms of your probation. Violating these conditions can result in... View More

2 Answers | Asked in Criminal Law for Virginia on
Q: How do you get rid of a court appointed attorney and hire your own if you're feeling you're being misrepresented
Daniel P Leavitt
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answered on Sep 28, 2024

You just contact the attorney you want. You pay them the money to hire them. Then they will substitute into the case.

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1 Answer | Asked in Contracts, Criminal Law, Civil Litigation and Small Claims for Virginia on
Q: Does a dollar value have to be added to a Warrant in Detinue, if I do not want money?

I'm needing to file a warrant in detinue for the return of my cat. Is it true that in small claims the dollar value is limited at $5000? and what if I do not want to give the person the option to pay $5000 and keep my cat. The only thing I want back is the alive living cat, not money to... View More

Brian M. Latuga
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Brian M. Latuga
answered on Sep 28, 2024

You’d want to file an action in Detinue, not a warrant in debt. The detinue action is for return of personal property.

1 Answer | Asked in Criminal Law for Virginia on
Q: Do they run your name when getting an id in va

I have a suspended and expired license from ga. I need an id. Will they run my name

Daniel P Leavitt
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answered on Sep 13, 2024

Yes. I've never seen anyone get a valid license when it's suspended in another state. You have to clear it up in GA first.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Virginia on
Q: Can I have a 18.2-57.2 charge deferred to 18.2-57.3 if it was first and only offense?

Can I have a 18.2-57.2 charge deferred to 18.2-57.3 if it was first and only offense? Charge and conviction happened in 2009 and I’m looking to see if I can have it deferred pursuant of 18.2-57.3. Any clarification would be greatly appreciated.

David G. Parker
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answered on Aug 14, 2024

Unfortunately, the first offender statute only applies to a case before it's adjudicated. It sounds like you were convicted many years ago and so it is now too late to seek a deferral under 18.2-57.3.

1 Answer | Asked in Criminal Law and Constitutional Law for Virginia on
Q: How can a drug court program make my girlfriend move out and break up with me when I'm not a felon
James L. Arrasmith
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answered on Aug 5, 2024

Drug court programs are designed to help individuals struggling with substance abuse, often involving strict guidelines and requirements for participants. If your girlfriend is involved in such a program, her participation might require her to make significant lifestyle changes, including... View More

1 Answer | Asked in Criminal Law, Immigration Law, Juvenile Law and Small Claims for Virginia on
Q: Can you get deported for applying to a learner's permit in virginia.

Let's say that you are an illegal alien with a deportation order and you are a minor trying to apply for a learner's permit but you need to get a court order showing that you are an emancipated minor is acceptable to drive as a minor but you have a deportation order can you get deported... View More

James L. Arrasmith
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answered on Aug 2, 2024

If you are an undocumented minor with a deportation order and you're seeking a learner's permit in Virginia, your primary concern should be your existing deportation status. Applying for a learner's permit typically requires identification and proof of residency, which might draw... View More

1 Answer | Asked in Consumer Law, Criminal Law and Trademark for Virginia on
Q: Is it legal to resell fake products like airpods, but list them as fake, so the buyer knows the are not legit in VA?
James L. Arrasmith
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answered on Jul 18, 2024

Selling fake products, even if you clearly label them as fake, is illegal in Virginia. This practice violates both state and federal trademark laws. Trademark laws protect consumers from confusion and deception regarding the authenticity of products.

Additionally, selling counterfeit items...
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1 Answer | Asked in Criminal Law and Personal Injury for Virginia on
Q: The extent of my spouses adultery came out during our divorce in 12/21. Can criminal charges still be pressed?
Quillyn Zebedeo
Quillyn Zebedeo
answered on Jun 28, 2024

No. While Adultery is a misdemeanor under Virginia code § 18.2-365, the statute of limitations is one year under § 19.2-8.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Virginia on
Q: Is gun prohibition in a New Jersey restraining order (civil case only) enforced in West Virginia? I'm moving there soon.

I have NO criminal record. I'm moving from New Jersey to West Virginia soon to retire there and want to do some deer hunting and get a hand gun for home protection too. My ex wife in NJ got a restraining order against me in a divorce action (civil case) about two decades ago. Will I pass a... View More

Daniel J. Miller
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answered on Jun 6, 2024

This question has been posted in Virginia. West Virginia and Virginia have slightly different laws. Please repost in W. Virginia to get accurate responses.

1 Answer | Asked in Criminal Law for Virginia on
Q: How long does the state have to get you to court on Preliminary hearing on felony charges

First preliminary hearing was continued

Brian M. Latuga
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Brian M. Latuga
answered on May 9, 2024

There is no official limitation, as the statutory speedy trial rights do not apply to preliminary hearings.

1 Answer | Asked in Criminal Law for Virginia on
Q: Are paid criminal attorneys in Virginia required to do a certain amount of pro bono cases per year?
Jessica Greenberg
Jessica Greenberg
answered on Apr 15, 2024

No, pro bono time is entirely at the discretion of the individual attorney.

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?
Tim Akpinar
Tim Akpinar
answered on Feb 29, 2024

It's more or less random - whichever attorney picks up a question and answers it. Good luck

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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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