Virginia Criminal Defense Legal Questions

If you did not send these emails, you did not commit the crime, and should not be convicted.  It does look very suspicious, but I know there are viruses that will send emails from people's accounts without their knowledge.  It is going to involve a totality of the circumstances and whether the judge or jury is persuaded that you did it. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.     ... Read More

Pardons are pretty rarely granted and even if granted it will not clear the charge off your record.  If the case were a felony, you can petition the governor's office for a restoration of your rights, but you don't need that since it was just a misdemeanor.  You would not ordinarily be eligible for an expungement.  In Virginia you can only expunge a criminal record if you are "actually innocent" meaning that the charges were dropped, you were tried and found not guilty, or the case was "otherwise dismissed." If you pled guilty as part of a plea bargain, which is extremely common, even with first offenses, then you cannot expunge that record.  However, I have seen a judge recently grant an expungement for someone with a one-time misdemeanor charge that was very old.  So you may consider going for an expungement and hope you get a sympathetic judge. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

Sounds like a classic case of blackmail, which in Virginia is a Class 5 felony.  If you decide to press charges, contact your local magistrate's office to do so.  If you are looking for a civil remedy, it may be possible to sue her for harassment.  Courts will not ordinarily issue injunctions to stop her from speaking to your wife, since the First Amendment right of freedom of speech is very strong, but it's possible you could get a restraining order for her to leave you alone, since she is committing a crime.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.     ... Read More

No such thing.  Criminal records are public records.  Only in cases of actual innocence, such as where the charges are dropped or you are tried and acquitted can the record be expunged.  But since it sounds like you have convictions on your record, there they will stay. Actually, let me edit what I posted;  I did see a judge recently grant an expungement for a woman who had one very old minor conviction on her record.  In doing so, the judge acknowledged that she should not grant it, but that she was granting it anyway.  So you could get lucky, it would depend on the judge. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

Yes, potential employers can see all of the charges if they run a background check.  They may or may not notice that the disposition of the cases was nolle prosequi.  They may just see a list of charges.  In any event, I would think it looks better to have one charge than a list of charges.  Because there was more than one charge, the expungement is not automatic, but I think most judges would give it to you. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

This is no procedure to have your record sealed in Virginia.  Expungements are only available in cases where charges were dismissed or you were found innocent.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

If you are still within your appeal deadlines, then yes you can appeal even if the case was resolved by agreement.  But the appeal deadlines are strict.   From the General District Court you have ten (10) days to note your appeal. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

You definitely want to be clear that this is not a sex for money operation.  I think as long as it is clear that the "providers" are not exchanging sex for money, you as the website proprietor should be okay, but to be on the safe side you may want to have a lawyer review any exact wording that you use before going live with it. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

In Virginia you can only expunge a criminal record if you are "actually innocent" meaning that the charges were dropped, you were tried and found not guilty, or the case was "otherwise dismissed."  If you pled guilty as part of a plea bargain, which is extremely common, even with first offenses, then you cannot expunge that record.  Unfortunately, any convictions will be part of your permanent record. If the case was a felony, you can petition the governor's office for a pardon and/or a restoration of your rights.  The restoration of rights, such as the right to vote, to serve on a jury, to become a notary public, and in some cases the right to possess firearms, are pretty routinely granted.  Pardons are much more rare. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.    ... Read More

A police officer may conduct an investigatory stop when he has reasonable articulable suspicion that a crime has or is being committed.  To conduct a pat down the officer must point to specific facts which reasonably lead him to believe criminal activity is taking place and the suspect is armed.  A “pat down” consists of patting down the suspect with open hands for weapons.  To search the inside of a suspect’s clothes or vehicle the officer must have probable cause which is facts or evidence that would make a reasonable person believe that a crime or wrong doing has been, is being, or will be committed.  Probable cause requires a much greater amount of proof than reasonable suspicion, it depends on the totality of the circumstances and according to the specific facts of the stop. If an officer conducts a search in violation of your 4th Amendment rights against search and seizure, it may be possible to have any evidence that he found through the unlawful search excluded in any trial against you. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

Parole was abolished in Virginia back in the mid 1990's.  When a person is sentenced to time for a felony they have to serve at least 85% of the time given.  There are some factors in determining the sentence actually served, mostly if he stays of good behavior.  Sadly, it is not the case that a person serving time would get paroled and only end up serving 50% of the time.  You may want to see what his actual release date is from the Department of Corrections.  He may have to request that himself. ... Read More

The problem with probation violations is that it really depends.  It depends on the nature of the violation, the temperament of the Judge, and your history.  If a Judge finds that you have violated probation then he or she could give you all the time you have over your head.  The Judge could also revoke all, some or none of your time.  They are one of the hardest things to predict.  There are sentencing guidelines, but the judge does not have to follow them.  If you have any new charges then the guidelines don't apply at all.  The best thing to do is to show all of the good things you have done while on probation, how you haven't gotten into any trouble, how you have turned your life around.  It is possible to not be found in violation if the probation officer is wrong or if you do not get convicted of the new charge.  Some times a probation officer will wait to see what happens with the new allegations before saying that you violated.  Though they don't have to.... Read More

These are different charges, but all misdemeanors, so potential employers may not make the distinction between different classes of misdemeanors. If you pled guilty, you cannot have that charge expunged, ever.  Expungements in Virginia are only for cases of "actual innocence" such as when the charges are dropped or you are acquitted. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

A suspended sentence is time that is given to a defendant found guilty. The court does not impose that time to serve at the time of conviction. Usually, the court will not impose the sentence as long as certain criteria are met. These criteria or requirements are probably in the Court Order. If he is going back to have the time imposed, he may have not met a requirement of the order. If he violated the court order, he may have to serve the suspended time.   Regards,   James Fairchild Notice: This answer is for general information purposes only. It does not constitute legal advise and does not create an attorney client relationship.... Read More

Your ex-wife could not have gotten a three-year protective order without you receiving notice and having an opportunity to be heard in court.  If so, you still have the opportunity to have the case reheard and/or to appeal it to the next level court.  These procedures have strict deadlines and can be complicated, so you should seek to hire a lawyer to assist you as soon as possible. The lawyer will need to see the court paperwork to ascertain exactly what happened and advise you on the best course of action.  Without seeing the paperwork myself and reviewing the file, I am reluctant to try to provide you with any further advice. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

When you say that they are "moving forward" I assume you mean that they are pressing criminal embezzlement charges.  In that case, YES, he needs a lawyer!  Depending on how much he took, he could be charged with a felony, which could revoke many of his rights for the rest of his life.  Even if he is only charged with a misdemeanor, he could still be facing jail time and other severe consequences.  Because this is a crime of moral turpitude (meaning it involves lying, cheating, or stealing), it will hurt his chances of obtaining future employment, even more than other crimes do.  A lawyer can help to make sure that his rights are protected and work out the best deal for him.  If a plea agreement cannot be reached, a lawyer can defend him at trial, making sure to object to any improper evidence and presenting evidence that may support your son.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.    ... Read More

You need to file a Bond Motion.  Your lawyer should take care of this for you!  If you cannot afford a lawyer, the court will appoint you one. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

Pursuant to Virginia Code § 46.2-301.1(E), permitting an unlicensed driver to operate your vehicle is a Class 1 misdemeanor, punishable by up to 12 months in jail and a $2,500 fine. This offense carries three demerit points and remains on your DMV record for three years. Because it is a criminal offense, it will remain on your criminal record forever.  However, a lawyer can help you negotiate the best possible outcome and hopefully avoid the maximum penalty. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

Unfortunately, there is no way to expunge or seal a felony conviction, but you can seek a pardon from the governor.  However, this does not remove the charge from your record, it would just be something you could show potential employers.  But pardons are extremely rare.  Another thing you can do is seek a restoration of your rights, such as the right to vote, sit on a jury, or serve as a notary.  But a restoration of rights will not help with your job hunting. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

I don't see what the one thing has to do with the other.  If you each committed these acts, it's possible that you could both be convicted of crimes.  If you are saying you did not commit the credit card fraud and that his story should not be believed because he has committed a crime of moral turpitude, which calls into question his tendency to to tell the truth, then that should certainly be taken into account.  In any event, they will need some independent corroborating evidence of the crime besides his word, and if they have that then you could be convicted regardless of what he did.    This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.    ... Read More

Sounds like self-defense to me.  What you face will depend on what you are charged with.  I would assume the charge would be simple Assault and Battery under Virginia Code § 18.2-57, which is a Class 1 misdemeanor, punishable by up to one year in prison or a $2,500 fine or both.  It's possible you could be charged with malicious wounding under Virginia Code § 18.2-51.2, which is a Class 2 felony, but I don't think the injury is severe enough to warrant that.  In any event, the question is what witnesses you have to corroborate your account of the events.  It sounds like he had a witness there who will probably back up his side of the story.  Unfortunately, since he is the one who ultimately got injured, people will usually assume you were the aggressor and not realize that he provoked it. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

The case does not get sealed automatically, but if it was ultimately dismissed that means you were not convicted.  If the question had asked if you were ever charged, you would have to answer Yes.  But since the question only asks if you were convicted, you can honestly answer No.   Since your charge was ultimately dismissed, you may be eligible to file for an expungement of the charge pursuant to Virginia Code §19.2-392.2.  However, if you pled guilty in a plea bargain arrangement in exchange for the dismissal, then it can not be expunged. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

Probably.  There is no way to know for sure, but you should assume they can see everything.  Just like you should assume the NSA can see everything and that anything you post on-line on any social media is never truly private.  If you are concerned about it, then you should shut down your accounts. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More