In some cases, you may request the clerk's office to issue a subpoena for you. The clerks cannot give you advice about how to request the subpoena, but many courts have forms available. A good place to start is the website of the court your legal matter is in. The Supreme Court of Virginia...Read more »
My parents are separated and going through a legal divorce. After my mom cheated on my dad and moved in with her boyfriend she and her boyfriend who has a criminal record have been threatening me and my little siblings. She recently sent a trespassing notice to my family saying we could not be near... Read more »
Since your sent you a no trespassing notice and you acknowledge receipt of that notice by tearing it up and throwing it at the front door of where she lives, she can now call the police, if you go on her property, and have you charged with the criminal misdemeanor of trespassing. She can also look...Read more »
I filled out a criminal complaint against my partner after an argument that got physical. It resulted in multiple charges being filed, including two felonies. I already have a PFA prohibiting acts of abuse and I really don’t wish to cooperate due to a myriad of reasons. We’ve since reconciled,... Read more »
Since you started the legal process by contacting the police and giving a statement, you will be required to be available to testify at any trial. If you are subpoenaed and do not show up to testify at court, the prosecutor can ask the judge to issue a warrant for your arrest. If you refuse to...Read more »
You shouldn't be messaging or posting on social media. Anything you say can be used against you. Contact a criminal defense attorney in the county where this happened asap and get a consult. If case is in Northern VA I offer a free phone or video consult and you can contact me.
Husband charged with strangulation. I’ve spoken to state attorney to let them know I don’t want to proceed. But they’re refusing a bond and pushing for 4tears this is his first domestic charge. What should I do
You can definitely be subpoena by the officer or the Commonwealth Attorney's Office. If the subpoena actually comes, there isn't a way to get out of it as its a court order. If it comes from the prosecutor's office, you can actually contact them and tell them your position about...Read more »
I just got an EPO against him for stalking and harassing me. I have the screenshots of the recent event that caused me to get the EPO, and still have evidence from when he attacked me with screenshots of him admitting to hitting me, pictures of bruises, and verbally abusing me,
unfortunately, it depends would be the lawyer answer here. It depends on how extensive the physical abuse was - if it involved strangulation (choking) you, that's a felony and could be punishable at any point. There will be an issue obviously with your recanted statement but you could still...Read more »
Fiance received a ruling of good behavior for 2 years and the judge made the decision on June 1st. Well my fiance got a dwi while he was awaiting trial for the domestic violence. IF the judge made the ruling of 2 years good behavior, can the judge use the dwi against him, or would it even count if... Read more »
The police came out at 5:00pm (the incident happened the night before and I decided to not call the police.) Initially I said that I didn’t want to talk about what happened with them then the police said the person made accusations that I placed my hands on them and I needed to tell my side. I... Read more »
This is highly unlikely. If the police responded and no one was arrested, it is unlikely a report will make it's way to the Commonwealth Attorney's office. Charges have to start in the system via going through the magistrate or a report to the Commonwealth Attorney's office to...Read more »
Unfortunately, the answer is "it depends." There may be ways for the case to be proven without their testimony if the police were involved. They may not assert their fifth amendment privilege correctly and the court may compel them to answer the question or face contempt. It sounds like...Read more »
You will need to get both Charges also EXPUNGED from your record. Dismissals do not also include erasing the charges from your criminal record. You will probably need a competent attorney, and I recommend calling the NRA for a referral.
If you are given a subpoena, you are required to go to court. If you have concerns about testifying as a witness for the prosecution (commonwealth's attorney), you may want to reach out to a local attorney to discuss your legal options.
My boyfriend was charged with his first misdemeanor DV charge. The victim made a statement under the influence of alcohol and the police took pictures of arm scratches (did not break the skin). He has no criminal record. What will the court most likely rule? Will he go to jail?
The answer to the question depends on a number of factors. Obviously with no criminal record and minimal injuries, things could be looked at very positively by the court. However, a domestic violence charge in Virginia carries up to twelve months in jail and up to a $2500 fine, if he is found...Read more »
Typically, the answer to your question would be no unless they overcame an exception to the rules of evidence about patterns or modus operandi which means a method in which you operate to commit the crime. I would speak to your lawyer about what happened in court. You have a right to appeal...Read more »
My wife's paramour was found to have abused my children. I have full custody. The Protective order was issued after a Full Hearing was held with all parties present. The judge only issued it for 60 days so I could get it in front of my county's Custody court for a modification to make the... Read more »
Virginia Beach does permit a Nolle Prosequi/ dismissal with a first offense depending upon the circumstances of the case. There are factors that prohibit a dismissal and lead to a trial by a judge. Every case is different. When in doubt, hire a lawyer. The victim of the case is always permitted to...Read more »
Likely you will be offered a first offender program: complete anger management, alcohol treatment if alcohol involved and maybe community service for dismissal of charge. Such a route is never eligible for expungement but at least a conviction is avoided.
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.