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Sudeep Bose

Sudeep Bose’s Answers

28 total

  • I have been fired for not diclosing a misdermeaner that happen three years ago, do I have any rights to appeal?

    I was under and loss prevention investagation and a back ground check was preformed and LP found a conviction that happen three years ago, I informed my supervisor but he didn't know to report to the company, I have been with the company going on...

    Sudeep’s Answer

    Any "appeal" right you have in an employment setting will be based on your company handbook. The handbook is generally your contract with the employer. Virginia is indeed an at will state - you may be fired with or without cause. However, if there is an appeal process set forth in your company handbook, that will generally dictate your rights to appeal a decision of your employer.

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  • Got pulled over and summoned to court over a foreign driver's license. Does this qualify me for a Class 2 misdemeanor penalty?

    I got pulled over the other day for not completely stopping at a right turn on an intersection. The officer asked for my driver's license, and he noticed it is a foreign one. He basically gave me the two options of either getting a US Driver's lic...

    Sudeep’s Answer

    The fact that you were summoned to court indicates you were charged with an offense which in this case is Driving without an Operator's License or "NoOL." The classic defense to a NoOL charge is to generally provide proof that you were properly licensed at the time of driving. In this case, as the officer indicated, you would need to provide a valid license and it may be accepted by the Court: either a valid US state license or a International Driver's License. The Court may convict you of the NoOL charge even if you provide a license as the license will post date the offense date. However, the Judge may forgive this technicality in your favor. The best course of action is to negotiate the charge with the prosecutor. The only drawback in Fairfax is that prosecutors will only speak with defense attorneys - not with unrepresented parties.

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  • I am on probation in fairfax cnty for DUI and just recieved summons to apear in court in arlington county for petty larceny.

    what consequences am i facing?

    Sudeep’s Answer

    There are two issues: 1) the current case of Petit Larceny and 2) the Probation Violation (Show Cause) which will result if your are convicted of Petit Larceny. Note that you are under an obligation to report your current pending charge to your Probation Officer. Generally, this report will not lead to an immediate Show Cause as most POs will await the result of the pending charge prior to violating you. If you are convicted of the Petit Larceny in Arlington, expect a fine and perhaps community service. Jail time is a possibility; however, this is a matter of discretion with the prosecutor who will handle your case.

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  • Will I go to jail for a first offence petit larceny?

    I am 18 and I was caught stealing maybe 40$ worth of cosmetics. I got pulled aside when leaving the store and they asked if I had a receipt for the items, and I said no and cooperated. A cop came and gave me a court date. It is my first offence an...

    Sudeep’s Answer

    Let us first begin with the law: § 18.2-96. Petit larceny defined; how punished.
    Any person who:
    1. Commits larceny from the person of another of money or other thing of value of less than $5, or
    2. Commits simple larceny not from the person of another of goods and chattels of the value of less than $200, except as provided in subdivision (iii) of § 18.2-95, shall be deemed guilty of petit larceny, which shall be punishable as a Class 1 misdemeanor.

    Now let us discuss it:
    Petit larceny is a Class 1 Misdemeanor - jail time of one year is the maximum penalty (along with up to $2500 in fines). It is a crime of moral turpitude. However, this does not necessarily indicate jail time will be given by the Judge. Most courts have diversion programs which avert a conviction if the defendant goes through shoplifting counseling and serves community service. This is common in larger jurisdictions in Virginia.

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  • Under Code of Virginia law can a interlock system be installed in a car before a person is issued a restricted drivers license

    Friend went to court in may 2012 for a restricted drivers license and court granted permission. Went to DMV was told had to get interlock on car which he did not own nor was one registered to him. Fast forward got interlock on my car for him but h...

    Sudeep’s Answer

    The Interlock device is a commercial commodity. It is distributed by private vendors and is indeed expensive - installation is expensive and there are monthly fees involved. The answer to the question of whether Interlock can be installed prior to the issuance of a Restricted License is yes. If you look on the YouTube video linked below, you will get a list of vendors in Northern Virginia who would be glad to install the device. The answer to your next question of why the interlock is in the car without any headway into getting a Restricted License is somewhat troubling. Remember, no one can force someone to place interlock on a car he/she does not own or have permission to drive. I would cancel the interlock immediately and speak with a Supervisor at the DMV. ASAP must release information of compliance with the ASAP program.

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  • I got a Disorderly Conduct ticket while in New Jersey, should just plead guilty and pay the fine, or get a lawyer and fight it?

    While visiting a buddy in Hoboken New Jersey, I had a few drinks at a local bar. While walking home I thought it would be a good idea to run across the street and jump into a huge pile of trash bags (not the smartest thing i have ever done). Turn...

    Sudeep’s Answer

    This question must be answered by a New Jersey licensed attorney; however, in the most general terms, it is always better to obtain counsel from local attorneys about any criminal matter. Pleading guilty via payment of a fine is generally not the way to optimize your legal outcomes. Guilty pleas stay with you for life and are very tough to reverse latter if unanticipated issues arise from the guilty plea - life denial of jobs and security clearances.

    Being a former police officer, I can tell you that the process to become an officer requires you to disclose everything. While a Disorderly Conduct charge in your past may not disqualify you for the position, who are they going to hire? The person with nothing in their background or the person with a misdemeanor on their background?

    Speaking with a New Jersey attorney may shed light on some plea bargaining avenues to get the charge dismissed (either immediately or after a period of time). Good luck.

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  • In the state of Virginia how long can a person be detained without any pending evidence physical or witness?

    My brother has been detained by an investigator and the investigator refused to take statements from witnesses that can confirm his aliby. Is this legal? The investigator is also my cousin's ex husband, wouldn't this be conflict of interest?

    Sudeep’s Answer

    Your question is tough to answer without specifics of the nature of the detention. Police officers and detectives, including myself, as a former officer are aware of the exact language and exact facts needed to make our interactions with suspected parties voluntary interactions and not legal detentions. The question which officers generally despise hearing is "Officer, am I free to leave?" This is direct and forces the hand of the officer who has to determine whether he/she has enough to legally detain / arrest.

    Confirmation of alibis and such are certainly one aspect of the investigation, however, most officers will want to gather. The suspected party if and when he is charged will have the right to learn all aspects of the government's case including the possible alibis which were investigated by the officers/detectives.

    A good article to read is:

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  • Is there a way to remove a misdeamenor from you criminal record?

    I live in the State of Virginia, I plead guilty to pety larceny about 15 years ago. It has been very hard to move forward in my career. Is there any possible way to have this removed form my record.

    Sudeep’s Answer

    Generally, Virginia is a conservative state in handling expungements - the legal process of removing convictions and information from your record. I assume that you were an adult when convicted of the larceny charge 15 years ago.

    You can represent yourself in the proceedings. I offer to you the following:

    The Legal Services of Northern Virginia is a superb organization with excellent resources for citizens of the Commonwealth. Take advantage of the publication they have put together to collect the background information you need to go forward.

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  • I have a show cause hearing for ignition interlock violations and failure to abide by the court order. All incidents occurred

    at my home with guests and were not intentional but habitual and made without thinking until I remembered the zero alcohol. I had not received counseling treatment yet and realized that I needed more help to remain vigilant about not drinking on ...

    Sudeep’s Answer

    Let's talk nuts and bolts and leave the legalese aside for a moment.

    Your posting references several elements which target fairness / equitable arguments instead of the issue of truth of the allegation - whether you breached the terms of your probation. Assuming for a moment that the person who blew into the interlock device was you (a fact which is open as there were guests at your home), the next issue is what to do with you.

    What should the Judge do with you?

    The Judge has much discretion and this is both good and bad. On one polar end, you have allegedly breached a core term of your probation. As such, the Judge may activate all the suspended time on your head - take him away Deputies! On the other hand, this was a one time transgression from an individual who has otherwise complied with the other terms of sentence and has taken responsibility for the transgression on this one occasion by obtaining more therapy - continue on as you were with closer monitoring.

    What will the Judge do with you? It will likely be a blend of the above including the possibility of a revocation of your restricted privilege entirely as mentioned by my esteemed colleague.

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  • If your charged with abduction by force on aadlt female is that a sex offence do you have to register , their was no sex acts

    at all but when my back ground was pull it said fall to register in i have nevver done anything like that or been arrested or anything like that

    Sudeep’s Answer

    The quick answer to your query as your have posted it is no - you do not need to register because your offense is not one of the listed predicates found in the Va. Code ( However, as a practical matter, the Judge would have likely stated your obligation to register at the sentencing for your crime if it was mandated. Good luck.

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