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Ann Marie Thayer
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Ann Thayer’s Answers

25 total

  • If you were put on probation for two years and you violated what would you be looking at for the first violation on that charge?

    Grand Larceny , Enter building to commit larceny, unauthorized use

    Ann’s Answer

    This depends on how much time the Judge originally suspended. Usually a Judge gives suspended time conditioned on good behavior for a certain amount of years. This means that the person will not serve any of that time that is suspended if they comply with the good behavior period.
    Example: You said the person was put put on probation for two years so that means they must stay out of trouble and comply with any conditions the Judge imposed for two years. Lets say the Judge gave 2 years but suspended all the time conditioned on the person staying out of toruble for 2 years. If you violate this then you can get all, some, or none of the two years the Judge originally suspended. How much time is given depends on the Judge, what the violation was, any other info that can be presented, etc.

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  • I am on Unsupervised felony probation, I still owe fine but have been paying on them, Can I move out of State?

    I was arrested on a third offence DUI in 2009, I was sentenced to 5 years in jail (3 suspended) and 15 years probation. I have served my time, and am now on unsupervised probation for over a year. I would like to move out of state. But I still owe...

    Ann’s Answer

    If you are on UNsupervised probation then you should be able to leave the state no problem. But you should notify the court and probation office (if you are being supervised) by probation so they have your new contact info. If you are on SUPervised probation then you have to put in a request to your probation officer to be transferred through the interstate compact out of state. There is a process they follow and you cannot leave until you are approved. You will also need to provide your contact info etc in this case too.

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  • My 16 year old son was charged with shoplifting in VA. 1st offense but considered a felony charge since over $200. Dismissble?

    The items he actually took amounted to $40 but his cohort had about $160 in merchandise so they were both charged with felonies. Police came but no arrest. We are getting an attorney but are hoping for dismissal, expungement or something along th...

    Ann’s Answer

    You should consult a criminal defense attorney that handles cases in the city or county where your son is charged. Juvenile court affords many more options to dispose of cases then adult courts have. When a juvenile commits an offense and they have never been in trouble before they often are diverted to juvenile intake. This keeps the charge out of court. They are asked to admit to the charge and are given community service, etc. If they comply and stay out of trouble the charge never comes to court. If your son was not diverted to juvenile intake then a petition from the court should be coming. You will need to get an attorney to defend your son. If he receives a petition he will need to go to court as will at least one parent. It looks like you are down in Richmond so I would seek out an attorney who is familiary with the court where your son is charged.

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  • I just got caught with petit larceny a few days ago, would this be my first offense?

    I was 14 when I was first caught. I went to court and had to go through a special program. they said my record would be sealed from the public when I turn 18. Right now i'm wondering if this counts as a second offense?

    Ann’s Answer

    There is case law that indicates the court did not intend for juvenile adjudications of delinquency to count as a prior criminal conviction so this new charge should be your first. You should contact an attorney.

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  • Urinating in public

    i would like to know the statues of urinating in public in Arlington VA

    Ann’s Answer

    Usually you would be charged with indecent exposure or disorderly conduct on the Virginia Code. However, most city or counties have their own ordinances which include urinating in public. You would need to check the county or city ordinance for the county you are interested in.
    You indicate you are in Arlington so their statute is 17-21 and found here:http://www.arlingtonva.us/departments/CountyBoard/CountyCode/file74515.pdf

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  • What will my punishment be? Will this always be on my record?

    My cousin and I was caught shoplifting at wal-mart yesterday. The total price was $107.97. But only one item was mine which was $8.97. A secret shopper physically seen her put the items in her purse. The secret shopper stoped us both and took us t...

    Ann’s Answer

    If the LP told you that you would not be prosecuted then you may be okay. Sometimes stores choose not to prosecute. If you were going to be charged, the police officer would typically call your parents and take you to the juvenile intake office where your case can be diverted from the court system if you have no prior record or a juvenile petition would issue for you to go to court if you do have a record. There is always the chance the officer will go obtain a juvenile petition and you and a parent will be summoned to court or to juvenile intake. You should let your parents know so they are not surprised if anything happens. OR you can call the LP or Police Officer and try to confirm you are not being charged.

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  • My husband had an interlock installed on a vehicle we both own. 6 months ago his restricted license were revoked due to a

    probation violation. I have been driving the vehicle some during this time and the interlock has failed 4 times during that time frame though I have not been drinking. We asked VASAP about removing the interlock and was told to keep it on until th...

    Ann’s Answer

    Yes, he can be held responsible. You should contact an attorney and arrange to have an attorney with him in court. You can be called as a witness to explain that his license has been revoked and you were the one driving when those violations were committed. The attorney can help you explain that since he lost his license he was not driving, that you were driving the car, and that he committed no interlock violations since the probation violation when his license was revoked. You can also explain how ASAP would not remove the interlock before the court date which is why it was still on the vehicle. It will be up to the Judge to determine if that is reasonable doubt that he committed those offenses.

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  • My 16 year old son was charged with possession of marijuana. Do I need a lawyer for a first time marijuana possession charge?

    They found about 3 grams of marijuana in his car which was parked at his high school parking lot. He is suspended from school for 10 days and have to attend 30 days in another school for drug related programs. He was told by the school officer tha...

    Ann’s Answer

    Anytime you are facing a crminal matter it is a good idea to at least speak with an attorney. Whether or not your son needs an attorney depends on a lot of different factors. It is impossible to answer this question without knowing more about his case and the facts surrounding the charge. Most criminal attorneys offer a free consultation and I would advise scheduling one.

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  • Question re: Class 1 Misdemeanor for CONCEAL/PRICE ALTER MERCH 1ST in Virginia 1st time ever in trouble.

    My 18 yo son plead guilty. He was sentenced a fine ($201) and told that this would be off his record (expunged) after 6mos. I can not find anywhere that this is possible. We need to know if this is true or not for future jobs. Also, he was not...

    Ann’s Answer

    Some counties offer suspended imposition of sentence or first offender chances to first time shoplifters. They have shoplifting programs which vary in the conditions a person must meet. Basically if he was given such an opportunity domr conditions he may have to meet could include any or all of the following: community service, or a shoplifting program, or may just need to be on good behavior. Usually a court will continue the case out for 6months to a year and if he complies then the charge will be dismissed. This means down the road when asked on applicaitons have you ever been convicted he can say no. If asked have you ever been charged though he would have to say yes and explain. Expungement is a bit different. Depending on how the court worded the order he may nor may not qualify for expungement at the conclusion of his case. If it was just generally continued with no plea he could probably still get an expungement. If he entered a plea he will be unable to get an expungement. This means he will not have a conviciton but his record will show charged and dismissed. If he qualifies for expungement and it is granted then his record would never show it was charged.

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  • If you absconded probation in Va for over 10 yrs and want to get it behind you what do you do

    what kind of background

    Ann’s Answer

    You did mot say whether there is a warrant out for your arrest so assuming there is a warrant put for your arrest, the best way to put this behind you is to turn yourself in at the police station. The police can serve you with the warrant and bond will be considered and a court date will be set. If you are not given bond then you will appear on front of a judge on person or bu video on the next business day where the judge will
    O

    a court date and ask what you are.doing about an attorney. If given a bond you will be given a court date.

    Once you have a court hearing you can consult your attorney about any info you have to put on at the hearing. You willne facing whatever time was originally suspended over your head.

    Until you turn yourself on you will have an outstanding warrant.

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