If you have "litany" of other charges on your record and one paraphernalia, you should do what you can to mitigate the damages. Look, the paraphernalia charge is not coming off of your record. Virginia simply does not provide for an expungement of convicted charges. Perhaps you were given fault advice, or perhaps buyer's remorse. Whatever the case is, re-hashing it will put you in no different place.
But you CAN do something about the charges that were dismissed. I dont know what they...
To add on, I'm sure your attorney discussed possible defenses to your case. From the minimal facts that you provided, you could have an argument that you were not aware of the nature and character of the substance and therefore didn't possess it. Whether this is successful depends on a whole host of factors that your attorney will go over with you.
I agree with my colleagues. Destruction of property is the appropriate offense (at least from the limited facts provided). Given that he's a juvenile, however, its not actually a "charge," but rather an adjudication. Juvenile records are more protected than adult records. However, he still needs to be aware if the offense results in a felony vs. a misdemeanor, as the latter can be easier to deal with in the future.
Given his lack of history, I would hope that a prosecutor would be...
If you're facing grand jury, as a criminal defendant, that's probably a difficult place to focus. Essentially, the Commonwealth is given free reign on what it can present to the grand jury, and you really dont any say-so.
If this is a felony, case generally is initiated in the general district court with a preliminary hearing. At that point, your attorney can try to challenge the charges and convice the GDC judge that there is not probable cause of the charge. the prelim can also be...
I also think it's a hard question to answer as well. I think different jurisdictions do it differently. I've heard of people just having their wages garnished. I've not encountered anyone that has been called to answer debtor interrogatories. But I suppose it's absolutely possible.
I think your bigger concern, assuming you have a license, is that your driver's license will be suspended. That means that if you get pulled over, you get a new charge of driving without a license, and then...
I agree with Darren. And as far as a specific sentence, it will depend on the judge/prosecutor you land, facts of the case, your record (which you say is clean, so that's good), and other facts. You should definitely get an attorney involved.
James S. Abrenio
That's a difficult question. Probably the best bet is to find out where the detainer is and have an attorney contact that jurisdiction. They will have to agree to lift the detainer, but whether they are actually willing to is a hard question.
From the facts of this case, sounds like he picked up the federal offense while on probation from that foreign state. If that is the case, the attorney should contact is probation officer. But that's going to be a hard sell if he has time over his...
While I have not done a federal expungement, it's my understanding that a conviction is not expungeable except for minor drug offenses. There appears to be some sort of pardon process, which is complicated and difficult to obtain. My suggestion is you call an attorney who practices in federal courts regularly and ask for a consultation.
Recently, I wrote a short article outlining Virginia Expungements. Check it out at:
Take a look, and it will give you a lot of information. For more information, feel free to call.
James S. Abrenio