Virginia Domestic Violence Legal Questions

Hi There,   An expungement can only be obtained if: you are found not guilty by the court (acquittal or dismissal); the charges are withdrawn (nolle prosequi) by the Court on a motion by the Commonwealth; where an individual’s name is used in error; or the individual obtained an absolute pardon from a Virginia Governor. To find out more, you can visit the guide I just recently published on what you need to know about criminal record expungements in Virginia  http://www.avvo.com/legal-guides/ugc/what-you-need-to-know-about-criminal-record-expungement-in-virginia?published=true. ... Read More

This is not the kind of question that should be answered on-line from just a brief question, because in any criminal case you need a lawyer representing you there in court and you should consult with that lawyer to determine how best to plead.  In many cases a plea arrangement can be worked out with the prosecutor, so that you will know ahead of time what it going to happen and you don't have to worry and wonder what you should plead.  If you cannot afford to hire a lawyer, the court will appoint one for 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

It depends on the situation.  If you were paying rent, then you are probably legally a tenant and would have rights under the law to receive prior notice and the owner of the property would have to go through the legal process to have you evicted, if they had good cause.  If however, you are a guest staying in someone else's home, then you can be asked to leave at any 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

You cannot expunge convictions.  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."  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

The two simple assaults are Class 1 misdemeanors, which are each punishable by up to a year in jail or a $2,500 fine or both, although it is extremely rare for the maximum penalty to be given, unless he has a lot of priors or something.  Of much more concern is that strangulation charge.  If he was charged under Virginia Code §18.2-51.6, that is a Class 6 felony, which is punishable by imprisonment for one to five years or jail for up to 12 months and a fine of up to $2,500, either or both.  But a felony conviction also revokes many other rights, such as being allowed to vote, to sit on a jury, to work as a notary public, or to own firearms, but more severely it will make it much harder for him to find employment in the future.  These penalties are much worse than any time he may serve.  I hope that if he has not already hired a good lawyer, he does so immediately! 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