Virginia Federal Crimes Questions & Answers

Q: What happens in a case if a co defendant dies before the trial

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on
Answered on Oct 26, 2018
Daniel P Leavitt's answer
It is hard to give a definitive answer. The general rule is you have a right to confront your accusers. However, there are exceptions to this rule. The rules of evidence where the case is brought will govern. It can depend on the type of case it is, and the nature of the facts surrounding the statement. In some cases, the statement comes in and in some cases the statement will not come in.

Q: Can a felon have his conviction removed or dismissed from his records without the crime being dismissed in SC.

2 Answers | Asked in Criminal Law and Federal Crimes for Virginia on
Answered on May 7, 2018
Susan Fremit's answer
If a person was convicted of a felony outside of VA, the person will need to look at the law of that state to see if the conviction can be removed. If the felony was committed in VA and the the person was ultimately convicted, under current VA law, that felony can never be removed from the person's records.

Q: a woman was going to give me 2 dogs, had me spend money on things they needed in order to get them and then backed out

1 Answer | Asked in Animal / Dog Law, Criminal Law and Federal Crimes for Virginia on
Answered on Mar 5, 2018
Peter Munsing's answer
You can sue her for the extras on the grounds of detrimental reliance. But you'd have to sue her there, go down to court there. May just be as you were set on getting two pups to look around and get one you like for starters and leave that issue be.

Q: Can i refuse to take a lie detector test even after signing paperwork stating that i will?.

1 Answer | Asked in Criminal Law, Federal Crimes and Sexual Harassment for Virginia on
Answered on Feb 4, 2018
Susan Fremit's answer
It depends. If a condition of your probation for a sexual assault conviction is to comply with everything your probation officer requests and she/he requests that you take a lie detector test and you refuse, it could be a problem. In that case, you need to speak to the attorney who represented you on the conviction.

If you have not been convicted of such an offense, a lie detector test, which is inherently inaccurate, cannot, in usual circumstances, be forced upon you. However, it...

Q: My BF got arrested on a friday at 4am. they set his bond to 4000$ Can i bond out on a sunday or have wait to monday

2 Answers | Asked in Criminal Law and Federal Crimes for Virginia on
Answered on Feb 4, 2018
Susan Fremit's answer
You can make arrangements with a bond company and get your BF out if bond has been set. You do not have to wait until Monday.

Q: Caught speeding in Virginia, got a reckless driving charge...should I worry about jail time?

1 Answer | Asked in Criminal Law, Federal Crimes and Traffic Tickets for Virginia on
Answered on Dec 26, 2017
Susan Fremit's answer
Jail is very unlikely. However, if the reckless driving charge (a criminal misdemeanor) is not reduced to a traffic infraction, it could cost you major dollars in an insurance increase for the next 3 to 5 years. You should also check with the NC DMV to learn what they will may do if you are so convicted.

Q: My mother opened a credit card in my name using my social security number. What can she do? Without pressing charges

1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Social Security for Virginia on
Answered on Dec 18, 2017
Bryan J. Jones' answer
If you don't want to press charges, you can contact the credit card company and ask them to cancel the card and any transactions your mother ran on the card. You may be able to file a civil lawsuit against her, but you'd almost certainly have to pay an attorney a significant retainer and you're not going to get any money from your mother if she doesn't have any in the first place. I don't recommend filing a lawsuit against your mother.

Q: If a person has 40 charges of identity theft credit card forgery and credit card fraud. What would the punishment be?

1 Answer | Asked in Stockbroker Fraud, Criminal Law, Federal Crimes and Identity Theft for Virginia on
Answered on Dec 18, 2017
Susan Fremit's answer
It will depend on whether the alleged offenses can be proven and if yes, how many the commonwealth will proceed on. Sentencing guidelines may be increased by any prior record you have.

Q: Can a 17 year old get charged with a felony for fighting a boy?

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on
Answered on Dec 5, 2017
Wilfred Yeargan's answer
Yes, it is very possible if the boy was badly injured. The 17 year old could be charged with Malicious Wounding or some other violent felony as a juvenile on a Petition with the local Juvenile and Domestic Relations General District Court. Contact an experienced criminal defense attorney for advice and do not speak to the police or any other entity without counsel present.

Q: We are in California my boyfriend is getting picked up the feds to be taken to Virginia. But we do not know what part?

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Virginia on
Answered on Nov 28, 2017
Shaun Khojayan's answer
Hello. If you contact my office I can discuss with you. I handle federal criminal defense cases. Thank you.

Shaun Khojayan

800 274-4290

Q: Does the accused still go to jail?

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on
Answered on Nov 28, 2017
Bryan J. Jones' answer
It depends. You'll need to speak with a post-conviction attorney about what your options are. Depending on how far along the process you are, you may be able to get the Commonwealth to drop the charges or you could withdraw your guilty plea. It all depends on whether you've already been sentenced and how long its been since you were sentenced.

Q: I have joint legal but not physical custody of my son! Pay child support and found out child is not living with him!

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Federal Crimes for Virginia on
Answered on Nov 25, 2017
Susan Fremit's answer
Although you might think this is a criminal situation, it is a family law issue. (This section of the website is for those with questions regarding criminal offenses.) I will try to transfer your question to that area of law.

Q: Will my second reckless driving ticket be a felony? The second is for an accident, the first was for speeding

1 Answer | Asked in Car Accidents, Criminal Law, Federal Crimes and Traffic Tickets for Virginia on
Answered on Nov 17, 2017
Wilfred Yeargan's answer
No, it will be charged as a Class 1 misdemeanor. This is punishable by jail time of up to 12 months, a fine of up to $2,500.00, and/or suspension of your driver's license for up to six months. You need to consult with an experienced traffic defense attorney. They can help you possibly get the case dismissed or reduced to a lesser offense called a traffic infraction. My office number is 703-352-9044 if you would like a free consultation.

Q: My wife and I were arrested for Domestic Assault and battery with a strangulation felony charge as well. What now?

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Federal Crimes for Virginia on
Answered on Nov 6, 2017
Wilfred Yeargan's answer
Depending on the facts and your criminal records, your attorney may be able to negotiate a favorable agreement with the prosecutor (Commonwealth Attorney) handling the case. It is possible that a good lawyer may get the felony nolle prosequi and the misdemeanor assault deferred for dismissal as a first time offense. Contact an experienced criminal defense lawyer today for advice about your case. Each of you will need separate counsel because there is a conflict of interest in one attorney...

Q: I was sentenced to 45 in jail with a Class A misdemeanor of assault in Va . Is there a possibility i serve half the time

1 Answer | Asked in Federal Crimes and Criminal Law for Virginia on
Answered on Oct 26, 2017
Bryan J. Jones' answer
Yes. Normally in Virginia you will serve half of the time for a misdemeanor.

Q: I have a few questions about getting my record expunge .. Im 21 with misdemeanor DV charge i never did jail time for.

2 Answers | Asked in Criminal Law and Federal Crimes for Virginia on
Answered on Oct 17, 2017
Wilfred Yeargan's answer
You may expunge the arrest if the case was nolle prosequi, dismissed or you were otherwise found not guilty (acquitted) AND you did not enter a guilty plea. If you entered a guilty plea as part of a deferral and the case was dismissed, you are not eligible for expungement of the arrest. The rules are very strict for expungements in Virginia. Contact an experienced criminal lawyer for a free consultation.

Q: Is there a way to tell if someone was charged or accused of a crime if they weren't convicted?

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Landlord - Tenant for Virginia on
Answered on Aug 3, 2017
F. Paul Maloof's answer
Can't help you. I do not practice criminal law in Virginia.

Q: What is the penalty of not being able to supply "burdon of proof"?

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on
Answered on Jul 11, 2017
Steve Miyares' answer
Your question is not clear. The burden of proof is the standard that the judge or jury will use to decide your case. The burden of proof varies depending on the type of case. If a party fails to meet its burden of proof at a trial, then that party will lose the case. Other than losing the case, there is not some additional penalty for failing to meet the burden of proof at trial. if you want a more accurate answer, you need to clarify your question.

Q: Is it possible he could have said someone's name that he knew was affiliated with dealing/giving any kind of drugs?

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on
Answered on May 11, 2017
Steve Miyares' answer
Your question is not clear and seems to involved several potential issues. You should consult privately with an attorney to discuss the specific facts and circumstances related to the case and the questions for which you are seeking answers.

Q: My child's father was being charged with poss. of scheduled substance with a gun and was made Nolle Prosequi

2 Answers | Asked in Criminal Law and Federal Crimes for Virginia on
Answered on May 10, 2017
Ali John Amirshahi's answer
It could be a number of reasons.

Perhaps the evidence was insufficient.

Or they reached an agreement where he would plead to another charge and have this charge nolle prossed.

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