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Nicole Holls Naum
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Nicole Naum’s Answers

58 total


  • My friend got a DUI in manassas what should he do moving forward?

    What are the consequences if he goes to court without a lawyer, is there any chance of expungement since it is a first offense? What the worst case and best case scenario?

    Nicole’s Answer

    It is not recommended to handle a dui without a lawyer. Expungements in Virginia are only available in cases where are a person has maintained a position of "actual innocence" in the eyes of the law. It would best to, at the very least, consult an attorney with the particular facts of the case to get a good idea of possible outcomes.

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  • Do I need a lawyer or attorney or anything?

    I was caught shoplifting probably under $20 worth of stuff. I am 20 years old, I have a clean record. Is this reason enough to need to hire someone?

    Nicole’s Answer

    Petit Larceny in VA is defined as the taking of property, that doesn't belong to you, valued at $200 or less. This is a class 1 misdemeanor and has a maximum punishment of up to 1 year in jail and up to $2500 fine. Some jurisdictions in VA have a one day in jail policy for even first time offenders while some jurisdictions will allow a first time offender the opportunity to have the offense dismissed with community service, a shop-lifting class, restitution, and general good behavior for a specified period of time.
    Being charged with a criminal offense is reason enough to hire an attorney. You have a whole life ahead you can if there are any defenses or programs available to, you should take advantage of every possible opportunity and an attorney would be able to help you navigate this system.
    Good luck.

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  • I have been subpoenaed to testify to my statement I gave when they arrested my fiance. I don't want to testify, what to do?

    The officer threatened to arrest me also if I did not give a statement against him. And said that children's services would get involved because I had one of my minor at the store with me. So, I gave the statement and I did not want to give the st...

    Nicole’s Answer

    I agree. Hire a lawyer. The most concerning part of your post is that you may or may not have told the police the truth. Please do not say anymore about this part on any public forum or to anyone who is not an attorney and hire an attorney. If you admit this to avoid testifying, especially if you are only saying that to avoid testifying, you are placing yourself in a position to receive charges against you. And if he has a prescription of the substance he was in possession of then he may have an acquittal while you get charges. Please consult counsel immediately.

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  • How can i have my arrest record expunged from 1995 and earlier when those charges are falsified by my first wife in virginia?

    several times my fist wife filled out police reports falsely accusing me of assaulting her and it wasn't true. when i appeared in court to dispute them i was found guilty and the judge was unwilling to hear my side of the story. i need to get thes...

    Nicole’s Answer

    In Virginia, only charges in which you were actually innocent are eligible for expungement. If you are found guilty then you are not actually innocent and will not be able to have the convictions removed from your record.
    Perhaps you could begin by acquiring more letters of recommendation or some evidence of the bad marriage so that when you are questioned by a potential employer you will have something more for them to consider about the incident and not just the conviction.
    Good luck to you.

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  • Ive been charge with petty larceny, what will most likely happen to me? I

    also couldnt afford a lawyer. so I said I didnt want one at pre-trial today.

    Nicole’s Answer

    This is a class 1 misdemeanor and has a maximum punishment of up to 1 year in jail and up to $2500 fine. Some jurisdictions in VA have a one day in jail policy for even first time offenders while some jurisdictions will allow a first time offender the opportunity to have the offense dismissed with community service, a shop-lifting class, restitution, and general good behavior for a specified period of time. It really depends on the customs of the court, the amount of cooperation you displayed and who the prosecutor/judge is to say what will most likely happen to you.
    But, you are at risk of a criminal conviction for a theft crime. This is the time to consider what is at stake. Many attorneys will be willing to put you on a payment plan and work with your budget. Have you called a few in your area to discuss fees? You might be surprised by the quality of representation you can receive within your budget. Please make some calls before deciding to tackle the VA court system by yourself.
    Good luck.

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  • I've gotten my letter of release from being on probation for three years, i got the letter in the mail on the 19th of october,

    On the letter it is saying. As you are aware, i am pleased to advise that you have successfully completed your period of supervised probation as of 10/19/2012, Please understand that you are to continue keeping the peace, being of good behavior, a...

    Nicole’s Answer

    Congratulations on completing supervised probation; that is not necessarily an easy task. I also do not see a question in this post but I would like to take the opportunity to remind you that often there is a longer required period of good behavior than that of supervised probation. If you have suspended time over your head, then you need to be mindful of the time you need to be on good behavior beyond that of the supervised probation. After your success thus far, it would be a shame to be forced to go back to court for not being aware of all of your obligations and responsibilities.
    Keep up the great work and good luck.

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  • What type of sentence am i looking at for 2 felonies steal &conspire to steal?

    i had a few items in a shopping cart which i was going to buy. when i looked in my wallet i realized i did not have enough cash. i left the items in the cart went and bought a soda and left the store after buying the soda. two months later i was a...

    Nicole’s Answer

    You situation sounds as though you had every intention of purchasing the items when you placed them in the cart, then you realized you did not have enough money so you left the items in the store (without crossing the cash registers, I'm assuming) and instead purchased what you can afford. Without removing the items from the store the prosecution will have quite a battle to convict you. The best case scenario is an acquittal. You really should seek assistance of counsel so that you are aware of the law, your defenses, and your options for how you might proceed with your case.
    Best of luck to you.

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  • What will most likely happen?

    I was caught shoplifting. I hope i don't go to jail what i stole was less than 200 dollars more like 40.

    Nicole’s Answer

    Petit Larceny in VA is defined as the taking of property, that doesn't belong to you, valued at $200 or less. This is a class 1 misdemeanor and has a maximum punishment of up to 1 year in jail and up to $2500 fine. Some jurisdictions in VA have a one day in jail policy for even first time offenders while some jurisdictions will all a first time offender the opportunity to have the offense dismissed with community service, a shop-lifting class, restitution, and general good behavior for a specified period of time. It really depends on the customs of the court, the amount of cooperation you displayed and who the prosecutor/judge is. You should seek counsel to discuss any possible defenses and likely outcomes in that jurisdiction.
    Good luck.

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  • Ive absconded my probation 9yrs ago in Va haven't had any new charges had my remaing time was 9 yrs ready to get it behind me

    had nine yrs left when i was put on probation larceny charge they really stuck it to me.

    Nicole’s Answer

    I am not sure about what your question is but it sounds as though you received 9 years of suspended time, 9 years ago. How many years of good behavior did you receive? It sounds as though you are not aware of a capias against you for absconding. If you do not know if you have a pending action, contact an attorney to help you determine the status of the case - this can be done during an initial consultation before you hire. However, if you have a show cause action pending, you should contact an attorney to assist you in turning yourself in being dragged in looks far worse then if you turn yourself in. If everything is complete and no show cause action then you can go on with you life - but it's better to know exactly what is going on.
    Hope this helps.

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  • Can I apply deadly force if I was to be (going to be) a victim of a gang or mob assualt?

    I do conceal carry and have the proper permit and I am a law abbiding citizen.

    Nicole’s Answer

    It depends. You are only allowed to apply deadly force if you reasonably feared imminent danger of bodily harm and that you use no more force than reasonably necessary to protect yourself from the perceived harm. You should not be the person that begins the conflict either. If you are in a postion of charges then you should seek the advice from counsel immediately and do not make any statements to law enforcement prior to speaking with counsel. If this is a hypothetical scenario, then the rule of thumb is not to bring a gun to a fist fight. If this is a scenario in which you are currently in fear of being a victim, please contact the authorities so that you will not be placed in a position in which you will become a victim and in a position to use deadly force. Deadly force is a last resort that no one would encourage in less absolutely necessary.
    Hope this helps.

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