No my license are being suspended on August 22nd and I haven't even been to court yet my court date is November 7th I haven't legal aid lawyer she will not even return my calls nothing I'm getting railroaded and I can't do nothing please help me at least give me a direction to... Read more »
Is there a law that governs Motions to Suppress evidence in Felony DUI cases? For example, does the motion have to be submitted by a certain time? Would there be a hearing before trial or would the motion be argued at trial (scheduled for a trial by jury)? If there are laws that govern this... Read more »
Generally, motions to suppress are to be raised before trial and heard before trial unless the parties agree to consolidate the matters for trial. Please see Virginia Code 19.2-266.2. https://law.lis.virginia.gov/vacode/title19.2/chapter15/section19.2-266.2/
Does anyone know if a motion to suppress evidence in a DUI felony case happens before the actual trial date? If so, does the judge review the motion with my lawyer, prosecution, and police officer in a private hearing?
The motion to suppress can happen before court, or in some cases, the parties will agree to hear the matter before the trial. The judge will review the motion and hear the evidence regarding the motion and thereafter make a ruling.
A prosecutor can ask for anything, but that does not necessarily mean the prosecutor is going to get it. I think a prosecutor would be hard-pressed to convince a judge that your bond should be revoked because you want to exercise your absolute constitutional right to go to trial if you have not...Read more »
Not if you are able to defend against these charges in court. That is the first line of defending your CDL. If you are convicted of DWI/DUI your CDL will be revoked but I do not believe it is indefinite in VA.
Yes, the level of your blood alcohol level only creates a rebuttable inference of impairment. If the court finds beyond a reasonable doubt you drank enough alcohol to affect your speech, manner and disposition they can still convict you.
After my Grand Jury day I said that my next court date would be a plea. I have changed my mind and will be going forward with a judge trial. My question, is will my original court date for plea change because of going with judge trial.
Yes you can. If it was truly private property the blood alcohol results may not be admissible against you. But in Virginia you can be convicted for DUI on private property. The definition of “Operation” by the courts is very broad. Simply having your key in the ignition is enough.
If you believe you have a false positive, you must convince the judge at your violation hearing what caused mouth alcohol which was not caused by the consumption of alcohol or anything you are not supposed to use, like mouth wash. Generally, for a successful outcome, you will need an experienced...Read more »
The Grand Jury would need to hear evidence from someone to determine if probable cause existed. The officer will most likely be present. If not, I would assume the Commonwealth Attorney would not present the case to the Grand Jury until the officer would be present.
No, if you have been convicted you are not eligible for expungement of the arrest. You also cannot remove the conviction with community service. A criminal conviction in Virginia is permanent. The only relief you may get is a pardon from the Governor if you file a petition.
By statute, Virginia law allows misdemeanor jail sentences to be served on weekends or nonconsecutive days. However, there is no provision allowing felony time to be served on weekends. Felony time must be served consecutively and there is no statute authorizing weekends for a felony sentence....Read more »
It is possible to be indicted without a preliminary hearing. If you have been indicted, then a warrant would have been issued. You should be able to check with the Circuit Court Clerk or the sheriff’s department in the jurisdiction where you would have been indicted to find out if you were...Read more »
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