Kristen D. Clardy’s Answers

Kristen D. Clardy

Fairfax Criminal Defense Attorney.

Contributor Level 8
  1. Can I put "no" for convicted felony on College apps?

    Answered over 4 years ago.

    1. Kristen D. Clardy
    2. Drew D. Ledbetter
    3. Scott Andrew Wineberg
    3 lawyer answers

    It sounds like you currently do not have counsel representing you on this charge. If this is the case, it may be worth retaining counsel familiar with the Juvenile and Domestic Relations Court in your jurisdiction. There are a few programs in Virginia that can result in juvenile charges being dismissed rather than going to a final disposition. These programs vary by jurisdiction and prosecutor, so finding an attorney familiar with that specific jurisdiction can do you a lot of good. Especially...

    Selected as best answer

  2. Can a non party be liable in statutory rape charge?

    Answered over 4 years ago.

    1. Kristen D. Clardy
    1 lawyer answer

    Maybe. Whenever minors are involved, court cases can get tricky. It would likely be difficult to prove that your friend was involved in a rape if he was not in the room. But, even if your friend did not know about a sexual encounter, if he encouraged your girlfriend to do other things, he could be charged with contributing to the delinquency of a minor, under 18.2-371. This is a Class 1 Misdemeanor, meaning the maximum penalty is 1 year in jail. If you become involved with the police,...

    1 lawyer agreed with this answer

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

    Answered over 4 years ago.

    1. Kristen D. Clardy
    1 lawyer 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...

  4. 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?

    Answered over 4 years ago.

    1. Kristen D. Clardy
    2. Brian Daniel Geno
    3. Mitchell Mead Wells
    4 lawyer answers

    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...

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

    Answered over 4 years ago.

    1. Kristen D. Clardy
    1 lawyer 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...

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

    Answered over 4 years ago.

    1. Kristen D. Clardy
    1 lawyer 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.

  7. Va child support

    Answered over 4 years ago.

    1. Kristen D. Clardy
    1 lawyer 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.

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

    Answered over 4 years ago.

    1. Kristen D. Clardy
    1 lawyer 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...

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

    Answered over 4 years ago.

    1. Kristen D. Clardy
    2. Keith John Bruno
    2 lawyer answers

    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...

  10. How much can a judge fine you for trespassing?

    Answered over 4 years ago.

    1. Kristen D. Clardy
    1 lawyer 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.