The description was written as Failure to Obey 64/55 with the code as 46.2-870 (which I understand is the speeding code) but the court docket shows him appearing for Failure to Obey 46.2-830 (which I understand is the code for failure to obey). ...
The summons itself is not evidence in Virginia and the description is adequate to put your son on notice that he is accused of failing to obey the speed limit under Virginia Code section 46.2-870.
Code Section 46.2-830 is failure to obey a highway sign, which is different offense.
Both charges as written are 3 point violations according to the DMV. The maximum fine for both is $250.00. You can usually pre-pay the fine for less than that amount. A lawyer may be able to negotiate a resolution with no points. However, if your son is under 18, multiple traffic infractions may result in a license suspension.
Talk to an attorney that practices in Fauquier on a regular basis if you need to pursue defending this further.See question
I can't explain the whole situation in 800 characters but I'll try summarize. I got a marijuana/alchol charge as a juvenile then another alcohol charge a few months later as an adult. I missed the adult alcohol charge court date and was billed 700...
As a Virginia attorney who has helped a great number of clients in Juvenile Court in Northern Virginia, the likelihood of the Juvenile Domestic and Relations Court judge issuing a bench warrant is pretty high. What that means is that you can be arrested at any time, on the street or at home, and taken to the Adult Detention Center (ADC). There you will appear before a magistrate who may set a bond, but as you have missed two court appearances, the bond may be high or he may deny bond. If he denies bond, you will then sit at the jail until the next day the court house is open, where you will appear before a judge who may choose to keep you in jail until your next court date or the judge may permit you to be released on bond.
My suggestion is to speak to the attorney that represented you at the initial hearing at the Juvenile Court. If you did not have a lawyer at the time, talk to one now --before you are arrested. The lawyer may recommend that you turn yourself in. He may also ask the court to remove the bench warrant if you agree to appear at the next court date.
If you don't want to spend extra time in jail, the best solution is to talk to an attorney, arrange to turn yourself in, if there is a warrant, and get the name of a bail bondsman that you can call in the event you are arrested and a bond is set.
The other issue is that the Juvenile Court judge, once you finally appear at a new court date, will impose some kind of punishment for your failure to comply with the terms of probation. Unfortunately, now that you are an adult, any jail sentence will be served in the ADC.See question
I was driving home from school and got pulled over for making an illegal right turn on a light that in which you cant turn on green. turns out, my restricted license does not allow me to go to school. the car was impounded for 30 days even though ...
An experienced attorney should have the opportunity to review the summons that were provided to you by the police officer. There are several different code sections that relate to a person that does not have a valid driver's licence. As the previous lawyer mentioned, you should also be concerned about how the new charges may effect the probation from your previous charges.
Furthermore, you mother may have legal issues if she knowingly permitted you to drive her car when you had a suspended license. She may also wish to speak to an attorney to assist her.
You or your mother are welcome to contact my office for a free consultation.See question
My boyfriend has a suspended license and is on probation. He was driving my car and rear-ended someone. Very minor. So he asked the other driver if they can settle without involving the cops. The driver disagreed and started calling the cops.. tha...
As as attorney who has practiced in Northern Virginia for 12 years, I would strongly encourage you to speak to an experienced criminal defense attorney. You and your boyfriend could face serious consequences as a result of the potential charges. It is also necessary for you to realize that your interests differ from that of your boyfriend.
A lawyer can contact the officer on your behalf. The lawyers efforts may be able to prevent the warrant from being issued against you and may prevent your boyfriend from being arrested and taken to jail. The charges however can be issued by a summons and will likely require an appearance in court, if the police choose to prosecute the case.
You can find attorneys on Avvo or search Google for Fairfax attorneys.See question
what are the chances that I will not receive anymore jail time? I was sentenced 90 days( all suspended for my 1st). I got my 2nd DUI while I had 80 days remaining to complete the probation (I was convicted while i had 26 days left)
As an attorney that has practiced in Fairfax County for more than 11 years, it is my opinion that the chances of you having to serve the majority, if not all, of the suspended 90 day jail sentence is very high if you are convicted of the second DUI charge. The Fairfax County traffic court judges are not lenient when it comes to DUI re-offenders.
There are ways to attempt to reduce the jail time or work towards the 90 day sentence to be served by being placed in home electronic incarceration. These efforts are best achieved while coordinating with an experienced attorney.
Furthermore, the new charge of DUI second within 5 years is punishable by up to 12 months in jail, with a mandatory minimum jail sentence of 20 days. That twenty day jail sentence does not get reduced by usual jail credit for misdemeanor offenses.See question
on jan 3 2011 i found a wallet in mc donalds on the counter, i left the store and put it in the man's mailbox with a note saying happy new years please don't lose your wallet again, also said i found it close to where i found it and the only reaso...
You have probably been charged with two felony offenses. Grand Larceny is punishable by up to 20 years in prison and credit card fraud is punishable by up to 5 years in prison. Those sentences are the maximums a judge can give.
Ask your court appointed attorney or public defender to show you the recommended sentencing guidelines. These guidelines take into account your previous record and the seriousness of the new charges. Those guideline provide a potential range of punishment that is much less than the maximum. The judge does not need to follow such guidelines, and may go higher or lower than the recommendations in term of punishment if you plead guilty to a judge or have a trial before a judge.
If you choose to have a jury trial, and the jury finds you guilty, the jury gets to recommend a sentence between 1 day in jail up to 20 years in prison and/or a $2500 fine on the Grand Larceny charge. On the other charge it is a range of punishment between 1 day to 5 years and/or a $2500 fine.See question
camera.they say I am the registered owner of a car that is not mine.7 years ago my purse was stolen the address on the florida license is that one which has not been my address in 7 years.what are my options in this situation.
You should take immediate action. If the DMV has suspended your license, you cannot drive legally. Driving while Suspended is punishable by up to 12 months in jail and a fine of up to $2500.00. You can also be subject to an additional loss of license for up to 12 months. Be careful.
You can go to the Virginia DMV and request a restricted license so you can drive to work, school, child care, etc. But contact a Florida lawyer or someone with the Florida DMV to 1) get that ticket paid or 2) fight that ticket ASAP.See question
that iam free to leave' does this dismiss?
The case has been dismissed. Please know that in Virginia that dismissal of a case does not mean that the fact that you were charged is eliminated from public records. Also, if the person who charged you had a good reason for not attending the hearing, they may contact the Commonwealth Attorney and ask the prosecutor to bring the charge back within 1 year of the event.
If you wanat your record expunged, you must bring a lawsuit against the Commonwealth of Virginia to get a Circuit Court judge to order all state and local agencies to erase all records of the charge. This process can be done by yourself, but many people choose to hire a lawyer to ensure that the charge is erased from all public records.See question
Was charged with uttering and attempted grand larceny, only been in trouble once in my life now 38 yrs old. keeping me from getting a good job
Unfortunately expungement of the charges is not an option in Virginia. If you have the resources, you can request a pardon from the Governor, but those opportunities are rare and usually reserved for people who have done extraordinary things to improve their community or those who can exercise political influence.
Be very cautious if you ever consider misleading a potential employer about your record. If you complete state or federal forms with false information, you can be charged with new criminal offenses.See question
In February 2011 my 9 year old daughter had come to me about her 14 year old adopted brother having sexual contact with her while on visitation with there father. Within minutes I filed a complaint with our local department of child protective ser...
As a criminal defense attorney, I can explain some of the consequences of a prosecution for sexual assault. You should carefully consider alternatives before you entrust your 9 year old and her sensibilities to a prosecutor and the court. A criminal trial can have lasting effects on all parties involved.
Speak to the family law attorney who handled your divorce and custody arrangement so the court that determined custody can be put on notice of the allegations. The court may set more stringent guidelines for visitation.
As to the idea of criminal charges, feel welcome to contact me or another attorney experienced with these matters. You should know the good, the bad, and the ugly as you begin the process.See question