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Kristen D. Clardy

Kristen Clardy’s Answers

24 total

  • If my huspand has been put on probation for a felony, for 5yrs, n violated by not seeing officer as ordered what can happen ?

    He has been put on 5yrs probation,3yrs supervised, he was violated for not meeting w his officer as ordered. He was on probation for felony recieving stollen property, what will most likely happen to him when returning to the court for this volation?

    Kristen’s Answer

    It is likely that your husband received a suspended sentence, conditioned upon completeing probation successfully. A suspended sentence is when a judge imposes a term of incarceration, but allows the defendant to avoid going to jail if he completes certain requirements. So here, if your husband does have a suspended sentence, the entire balance of his sentence can be imposed if he is convicted of violating probation. Further, violating probation can be charged as a separate offense, and your husband can face additional jail time on top of his suspended sentence. You need to hire a criminal defense attorney who is familiar with your jurisdiction. Probation violations are very serious, and your husband needs experienced assistance to help minimize the consequences for his violation.

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  • I was clocked at doing 86 in a 70 zone in VIrginia on I-85 on 2/14/2010. I am also out of state. What are the fines for this?

    I was clocked at doing 86 in a 70 zone in VIrginia on I-85 on 2/14/2010. I am also out of state. What are the fines for this speeding offense?

    Kristen’s Answer

    This depends on how you were charged. If you were charged with a speeding ticket, the fine is $5 per mile over the speed limit you are charged with. So here, the fine would be 16x5, or $80. There is a $62 processing fee for your ticket. If you were clocked in a "Highway Safety Corridor" the fine is doubled.

    However, in Virginia, exceeding 80 miles per hour can be charged as reckless driving, regardless of the speed limit. Reckless driving is a class 1 misdemeanor, which means you would face a $2,500 fine and up to 1 year in jail. If you are charged with reckless driving, you should retain an attorney familiar with the jurisdiction in which you were speeding.

    You can find out information specific to your case here: http://www.courts.state.va.us/caseinfo/tickets.html

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  • Married since 6/2006 /she wants $1K we have no kids/ property - can she get recvd $1K?

    I would like to know my options - we have mendiation this Saturday.What if we come to no agreement? We have had relations since our seperation. please advise. Am I going to have to pay alimony to my wife?

    Kristen’s Answer

    First, mediation is not binding. If you reach an agreement - great! But if you are unable to reach an agreement, or you change your mind later on, you are not bound by the process. However, I highly recommend you attempt to reach an agreement - a divorce trial is very costly, and putting your finances into the hands of a judge is always risky, even if you have a good case. Alimony comes under two theories - if one spouse earns significantly less than the other, or gave up a job to start a family, the higher earning spouse may be required to pay support until the spouse gets on his or her feet financially. Or, in longer marriages, support can be ordered indefinitely (usually until re-marriage) in order to preserve the marital standard of living. As long as your spouse has a job that will reasonably support her, you are unlikely to have to pay support for such a short marriage. However, if you earn significantly more than she does, you may be required to pay support for a short time. Think about how expensive hiring a lawyer will be if you end up taking this matter to trial - it will likely be much more than $1,000. Even if you are against this payment on principle, it may be cheaper to give in now than to take the case to trial. If you do end up taking the case to trial, you will definitely need an attorney to help you make your case.

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  • My husband's exwfe is seeking more child support..will my income have anything to do with this situation?

    My husband got a new job and now the exwife is seeking more money for childsupport. Most of the bills are in his name. Am I resposible for half being married? Will my income be included in his obligation?

    Kristen’s Answer

    No. Your income is not taken into account, because it is not your child. The only income taken into account in determining child support payments is that of the biological parents. His bills are not taken int account, just his gross income.

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  • Va child support

    in the state of va does child support stop when he is 18 because a few weeks later be will be 18

    Kristen’s Answer

    This depends on your child support order. Most orders now stipulate that support payments will continue until the child is 19 or graduates from high school, which ever comes first. However, the laws were changed in 1996, so if your order is from before 1996, you may need to go to court to adjust the date, as long as your child is still in high school.

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  • How and where do I report Harassment from an ex boyfriend?

    I have kids with my ex boyfriend and we just went to court for child support. He keeps telling my kids that I'm sleeping around, when I'm not. He tells them that I'm happy when they are with him because I get to go out with all my lovers. Then my ...

    Kristen’s Answer

    There are a few things you can do to help your situation. First, document every instance of this kind of misconduct. Just jot down the date, time, and what happened on a piece of paper, and keep that sheet safe. This will help you remember exactly what happened, and you'll sound much more credible if you have specific dates and times to tell a judge. Second, you may be able to file for a protective order. You can contact either your local police department, or the clerk of the Juvenile and Domestic Relations court in your jurisdiction for more information about this process. In the end, if your ex has been granted visitation with your children, you may not be able to keep him away from them, but if they are upset by his actions, a protective order will at least stop the questionable behavior. Third, you might ask for a Guardian ad Litem to be appointed to your custody case. The court can appoint this person in cases where there are needs that are not being addressed by the lawyers for the parents. The GAL acts as a lawyer for your children, and can request to be around your ex when he's with the kids. Fourth, you may be able to file for supervised visitation. Supervised visitation means that a trained therapist is with your ex and the kids at all times, and would be able to report to the court if your ex continues to say these things.

    Remember, these are just general suggestions, and may not necessarily apply to the specific facts of your case. It may be worth getting in touch with the legal aid organization in your area, or an attorney who specializes in family law in your area.

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  • Can charges still be pressed months after an incident has occurred?

    My best friend and I were out drinking and horseplaying, when we tripped on a curb and he fell through a plate glass window. No police report was taken and no charges were filed, however, he did go to the hospital for stitches and a concussion. Fi...

    Kristen’s Answer

    There seems to be a lot going on here. The hospital is the only one who could be asking for medical bills, but they can only get those bills from the person they treated (your best friend). Unless you signed papers agreeing to be responsible for the bills, you should not be receiving requests to pay. As far as the owner of the window, he could have filed in civil court for destruction of property, but it's unlikely that the owner would file a criminal complaint. Usually these property crimes require intent, and since it appears that the window was broken due to a fall rather than an intentional act, it's unlikely this could be charged as a crime. It is possible that had police gotten involved at that point, you both could have been charged with being drunk in public, but those usually require the officer to witness the drunken acts, or for him to seek a warrant. It seems unlikely that based on what you've said, criminal charges would be filed.

    Civil charges are still possible, both from the hospital and the window owner. If there are unpaid medical bills, the hospital can go through the collection process, and file suit in civil court if the bills are not paid. The owner of the window can likewise file a civil suit for the cost of replacing the window.

    However, even if the hospital and window owner file suit for recovery of their bills, you should not be receiving any threats by them. There are collection laws in place which protect consumers from this type of activity.

    If you are concerned about being responsible for the bills, or if you think that criminal charges might be filed, it's probably worth talking to an attorney in your area to make sure your rights are protected. Many attorneys have free consultations, and it might be worth at least talking to one in your area to ensure you are protected from civil or criminal consequences.

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  • How much can a judge fine you for trespassing?

    In Va. What is the law limits?

    Kristen’s Answer

    In Virginia, the state trespassing law is covered by 18.2-119. This is considered a Class 1 misdemeanor, meaning that the possible punishments for trespassing are up to 12 months in jail, and/or up to a $2,500 fine. However, each jurisdiction treats these charges differently, and some judges prefer jail time while others prefer fines. To find out what you are likely to receive if you are charged with trespassing, you should contact a criminal defense attorney in your jurisdiction.

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  • If the speed limit is wrong on the ticket and i can prove it, is there a chance it will be dismissed

    I got a ticket for going 65 in a 50mph zone. but the zone was actually 35mph. if i can prove that in court is there a chance to have it dismissed due to false information. Also the cop searched my vehicle because he said i looked like i smoke weed...

    Kristen’s Answer

    Pointing out this error is likely to hurt you, not help you. Virginia Code Section 46.2-862 makes it reckless driving, a Class 1 Misdemeanor, to drive 20 mph or higher above the speed limit. Right now you are faced with just a traffic infraction, which does not carry jail time. If you point out the error, the judge might amend it to a Class 1 Misdemeanor, which carries up to 12 months in jail and/or up to a $2,500 fine. If the police officer were mistaken the other way around, then certainly pointing out the mistake would help you. I would recommend paying your fine prior to your court date, which you can do online or by going in to the clerk's office at the courthouse where the ticket was written.

    As for your other concerns, these are generally not helpful to point out in court. They are frustrating for you, and are improper conduct on the part of the officer, but they aren't a defense to speeding. If the officer had found drugs on you or in your vehicle, then you would need to explore whether the officer had followed the proper procedures for searches incident to a traffic stop. But, because your only charge is one of speeding, there's nothing to do about the other concerns. You might decide to file a complaint with the police department about the officer's conduct if you feel it was egregious enough to warrant a complaint.

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  • What is consider as robbery in virginia

    is robbery is when someone picks someone else property off the ground.

    Kristen’s Answer

    Robbery is "the taking, with the intent to steal, of the personal property of another, from his person or in his presence, against his will, by violence or intimidation." This means that to commit robbery, the defendant must take something from a person, using actual violence or intimidation. So, simply picking up someone else's property off the ground would not be robbery, unless the defendant used violence or intimidation. For example, a defendant could hold out a gun, tell a person to put his wallet on the ground, and then let the person leave. Then, the defendant could take the wallet off the ground. That would be a robbery.

    Taking something off the ground could be a larceny. This happens when a defendant takes property that belongs to another, with knowledge that it belongs to someone else. For example, if a defendant is in a clothing store, and sees a piece of clothing on the ground, taking that clothing without paying for it would be a larceny.

    Taking something that was lost or abandoned by another is not a crime. So, if a person sees someone's wallet lying on the street, doesn't know where it came from, and picks it up, that's not a crime. The original owner can sue you for the wallet, but that's a civil remedy, not a criminal charge.

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