Virginia Criminal Defense Legal Questions

Different lawyers will charge different amounts for this service.  For instance, we charge a flat fee of $750, plus the court filing fee of $86 to complete an expungement.  Half is expected up front and the other half can be paid upon completion. 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 don't get a lawyer when you bring charges in a criminal case because technically you are not a party to the case.  The case is the Commonwealth against the defendant and you are just a witness.  Some witnesses decide to hire lawyers for various reasons, but this is usually when they themselves are guilty of something and they want to be sure not to incriminate themselves, so their lawyer will help make sure they don't get themselves in more trouble.  But ordinarily witnesses for the prosecution do not have lawyers. 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

It sounds like you have a good case based on the evidence you have described.  It sounds like she would have to perjure herself in order to come up with a story that you have stalked her.  People have been convicted based on other people's lies, so you should take this very seriously and make sure you have a good lawyer to represent 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

Of course he has the right to see his child, but that does not mean he can come to your home whenever he wants.  Have you offered him set times and days for visitation with the child?  If he will  not agree to a schedule or use the common courtesy of discussing it with you before he just stops by, then I think you are within your rights to call the police.  However, before they will do anything, you will probably need to put him on notice that he is not welcome and that if he shows up unannounced you will consider him to be trespassing.  But you do not want it to appear that you are denying him access to his child, so again you want to offer him a set visitation schedule at the same time.  I would put this all in writing and set forth the times that he is welcome to come or ask him to propose alternative times.  If he comes outside of those times then he is trespassing. 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

There is no time limitation on when you can expunge a criminal charge, but if you were convicted of the crime the answer is that you can NEVER expunge it.  It will stay on your record forever.  Expungements are only granted in cases of actual innocence, as when the charges are dropped or you are acquitted of the charges after a trial.  If you are found guilty or you plead guilty, you are not considered innocent and the charges cannot be expunged.  The purpose of the expungement is to clear the arrest records and charges off the record of innocent people. 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, unless you have the charges expunged there will still be a public record that you were charged with a crime.  Employers and anyone else checking your record will be able to see that and you  may have to explain the circumstances every time.  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 mandatory minimum sentence under Virginia Code § 18.2-308.2 is two (2) years for most prior felonies and five (5) years if the prior felony was a violent crime.  Obviously it sounds like there might be some extenuating circumstances in your case, such as whether the object meets the definition of "metal knucks" under the statute and whether it was concealed.  If convicted, the offense is a Class 6 felony, for which the jury or court may generally choose imprisonment for one to five years or jail for up to 12 months and a fine of up to $2,500, either or both. 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 there is any reason to come onto the property which gives them an excuse/probable cause, they will show up. It could be too many cars parked on the road, noise, tip of kids drinking. If they do show up and kids are caught in possession of alcohol, or smel like it , or act like they are under the influence, they will be charged with underage drinking and will be subject to driver license suspensions. I am not sure of criminal liability extending to parents in VA. IF any of these kids hurt someone or themselves or anyone else, you as parents could be liable and lose everything you have in a civil suit.... Read More

Don't call me but call a VA criminal defense attorney. They have illegally taken your i pad and are now trying to illegally search it. Do not give em the code. Get a lawyer immediatley. I think he can file a motion right away to get the computer back. If the company wants to search the computer, they need a warrant, at least in my state. ... Read More

Many times with a nolle pross, the defendant signs a forfeiture agreement so the state keeps all of his property. Go pull your file from the clerk of courts and look for this document to make sure you didn't sign one. Also, states have laws on how much time passes until property forfeits to the state. You need to find out. You could call the DA office who prosecuted you and see what their procedure is. If you are lucky, your money forfeited to the state and you can fill out a form to get it back. ... Read More

in some states you have a duty to retreat before you kill someone. Drive away. In some states you have no duty to retreat if the threat is on your property. if you plan on shooting stupid people who are beligerent, or rude, or cut you off in traffic, or whatever reasonm, you should review VA law with a local attroney and have him on retainer for when you are arrested. Also, have a family member or friend on deck to pay your bond, if there is one. ... Read More

Based upon the information you have provided, it seems as if they are trying to make a circumstantial case against you for the embezzlement of money from your job.  A frequent tactic with this scenario is for the employer to promise not to pursue charges as long as you repay them and write a statement apologizing for your actions.  This usually leads to providing information against oneself and prosecution after that.  Feel free to contact me for further discussions... Read More

The first thing to do is determine if there is a warrant for your arrest.  If there hasn't been a warrant issued and the items taken are valued at less than $200 and you don't have previous convictions for this offense, the statute of limitations to bring those warrants would be one year from the date of theft.  If the warrants have been issued, and they can prove that you took the items, then you are dealing with a mitigation case.  We have lot's of experience dealing with mitigation issues.  Feel free to contact my office.... Read More

Based upon the limited information you have provided and my interpretation of the wording of 18.2-250.1, this would not be considered a "repeat offense", because you were never convicted of a first offense.  That means the penalties are SHOULD be limited to the confinement in jail not more than thirty days and a fine of not more than $500.  You would not however be eligible for another first offenders program.  If convicted you would likely be required to do a substance abuse assessment and classes as deemed necessary if you wish to have a restricted drivers license during the mandated license suspension period.  There are sometimes creative ways around these results.  A conviction may very well impact your eligibility on the FAFSA (federal financial aid).... Read More

The criminal charge which I believe most closely resembles the facts you have given is:   § 18.2-152.7:1. Harassment by computer; penalty. If any person, with the intent to coerce, intimidate, or harass any person, shall use a computer or computer network to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, or make any suggestion or proposal of an obscene nature, or threaten any illegal or immoral act, he shall be guilty of a Class 1 misdemeanor. With the way our cell phones work now a days, their is an argument that they are computers.  To give more definitive an answer, I would need to know exactly what was said.  Their is some really good case law out of the telephone threat statute that found using just profanity (a slang word for a female reproductive organ) was not sufficient for that statute.  ... Read More

It depends on what statute you were specifically charged with (basically, where were you accused of trespassing on to?)  The most common statute is 18.2-119, which is trespass after having forbidden to do so.  This is a Class 1 Misdemeanor, punishable by up to 1 year in jail, a $2500 fine, or both.  Consult an attorney for defenses, especially since this is a jailable offense.... Read More