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Virginia Federal Crimes Questions & Answers

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on

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

If 2 people wrote false accusations on a person and one of them dies what happens with the deceased statement

Daniel P Leavitt answered on Oct 26, 2018

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... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for Virginia on

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

Susan Fremit answered on May 7, 2018

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... Read more »

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1 Answer | Asked in Animal / Dog Law, Criminal Law and Federal Crimes for Virginia on

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

She was coming from virginia, she is a friend of a friend agreed to bring 2 husky puppies because she was basically fostering them and couldn’t keep them, she said she would bring them once I had fencing set up for them we agreed and went and bought fencing kennel and told her she said she would... Read more »

Peter N. Munsing answered on Mar 5, 2018

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.

1 Answer | Asked in Criminal Law, Federal Crimes and Sexual Harassment for Virginia on

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

Im being investigated for a felony crime

Susan Fremit answered on Feb 4, 2018

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... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for Virginia on

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

My boyfriend was arrested at 4am for a grand larceny 200$ or more. And destruction of private property

Susan Fremit answered on Feb 4, 2018

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.

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1 Answer | Asked in Criminal Law, Federal Crimes and Traffic Tickets for Virginia on

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

So, on Christmas Eve, I was caught speeding. He said I was going 81 in a 45, but I THOUGHT I was going 70 TOPS in a 55. That doesn't make it right, but I genuinely had no idea I was going that fast or that the limit was so low.

He wrote me a ticket for reckless driving. It was on the... Read more »

Susan Fremit answered on Dec 26, 2017

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... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Social Security for Virginia on

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

I would prefer not to press charges. She is being uncooperative. What can I do.

Bryan J. Jones answered on Dec 18, 2017

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... Read more »

1 Answer | Asked in Stockbroker Fraud, Criminal Law, Federal Crimes and Identity Theft for Virginia on

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

Never really been in trouble. The total loss was less than 5,000 and it was done online ordering things. Only evidence is email of the person who used the credit card. 19, were Class 5&6 felony and rest is misdemeanor

Susan Fremit answered on Dec 18, 2017

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.

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on

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

Wilfred Yeargan answered on Dec 5, 2017

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... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Virginia on

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?

It is a federal case and we need help finding a lawyer for his case out in Virginia.

Shaun Khojayan answered on Nov 28, 2017

Hello. If you contact my office I can discuss with you. I handle federal criminal defense cases. Thank you.

Shaun Khojayan

800 274-4290

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on

Q: Does the accused still go to jail?

If someone innocent was accused of rape, took a guilty plea, then the accuser recants. Does the accused still go to jail?

Bryan J. Jones answered on Nov 28, 2017

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... Read more »

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Federal Crimes for Virginia on

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

Has been lying about living with grandparents and son is going to a different school in a different state. I currently have my son but don’t want to send back to grandma’s house because she does not have legal custody, do I have to?

Susan Fremit answered on Nov 25, 2017

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.

1 Answer | Asked in Car Accidents, Criminal Law, Federal Crimes and Traffic Tickets for Virginia on

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

One person was hurt and taken to the hospital, ticket says reckless driving general: endangering others, or something like that

Wilfred Yeargan answered on Nov 17, 2017

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... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Federal Crimes for Virginia on

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

We don't want to testify and are willing to do classes. This is our first offense and have 3 children. We don't want to lose any rights.

Wilfred Yeargan answered on Nov 6, 2017

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... Read more »

1 Answer | Asked in Federal Crimes and Criminal Law for Virginia on

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

Bryan J. Jones answered on Oct 26, 2017

Yes. Normally in Virginia you will serve half of the time for a misdemeanor.

2 Answers | Asked in Criminal Law and Federal Crimes for Virginia on

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

Wilfred Yeargan answered on Oct 17, 2017

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... Read more »

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1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Landlord - Tenant for Virginia on

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

My room mate is a bit dodgy of a person, so I want to know if there's a way I can check and see if he's dangerous based on his criminal record and any accusations or charges he may have had.

F. Paul Maloof answered on Aug 3, 2017

Can't help you. I do not practice criminal law in Virginia.

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on

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

Steve Miyares answered on Jul 11, 2017

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,... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on

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

In other words, I supposed I'm asking if he told on someone to keep himself out of trouble? Because when he had court finally after denying the plea they threw at him, convienantly, the officer trying to charge him, his father had passed away that day and did not show up to court. With the officer... Read more »

Steve Miyares answered on May 11, 2017

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.

2 Answers | Asked in Criminal Law and Federal Crimes for Virginia on

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

Why would he get this charge dismissed?

Ali John Amirshahi answered on May 10, 2017

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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