It sounds like you actually were arrested, technically speaking. If you saw the judge, the officer must have given you a piece of paper telling you when to show up. This was probably a summons, much like you might receive for a speeding ticket.
The first offender program is provided to people against whom the Court has already found facts sufficient to convict. When you successfully complete it the court dismisses the charge.
Expungement for a first-offender dismissal is not available...
Malicious wounding in Virginia is accomplished when you "maliciously shoot, stab, cut, or wound any person or by any means cause him bodily injury, with the intent to maim, disfigure, disable, or kill." Virginia law allows a judge or jury to presume malice in the use of a deadly weapon (such as a gun). Another presumption allowed is that people intend the natural and probable consequences of their actions.
Apparently no one saw your son USE a gun, but merely possess it. You should seek...
If you were convicted then the conviction will still appear on your criminal record. If it was a felony conviction, the file will still be in the Clerk's Office in the city or county where you were convicted. If it was a misdemeanor conviction and it has been more than ten years, the clerk in the General District Court has likely destroyed the original file.
You should also be aware that if you were declared an habitual offender and you have not already petitioned for and received relief,...
It is impossible to predict how difficult it will be to, in your words, beat this false charge. I say that because there are many variables (witness statements, photographic or other physical evidence, etc.) that can influence the outcome which should not be discussed in public. You should consult privately with several defense attorneys and try to find one you trust to represent you.
Best of luck,
If you have court coming up this soon, your name and case information are likely already available on the Virginia Courts public website. Information about the arrest (but with no information as to the disposition, since it has not occurred yet) is also probably already listed on your NCIC report.
If you are found not guilty, if they drop the charge by "nolle prosequi," or in some other cases where the charge is dismissed, you can later petition the Circuit Court in the county or city where...
You should not make any statement to any police officer until you have spoken with an experienced criminal defense attorney in your area. Let the officer do his or her own investigation - do not help build the case against you.
I am not sure under what law you were convicted of committing domestic violence, or how you answered any questionnaire the pawn shop may have given you, NOR SHOULD YOU SHARE THIS INFORMATION IN PUBLIC, but there may be defenses to the charges you are expecting....
You (and definitely your son) should speak to an experienced criminal defense lawyer in your area. Your question does not state what drug your son is accused of possessing, but penalties can be severe and his ability to get federal student aid can be compromised if he is convicted of a drug offense.
There may be many defenses available to your son. It would be best for him to talk with a lawyer in detail about what happened and plan a course of action.
Start by camping out at your attorney's office until he or she speaks with you about this. If you are no longer satisfied with that attorney's representation you can hire the attorney of your choosing.
It may be a legitimate misunderstanding. In other words, the prosecutor may immediately agree that the conspiracy charge should be dropped.
If it is not a mistake on the prosecutor's part, then you need to determine your overall strategy for the case before determining what to do. What...
You should make immediate plans to resolve the outstanding warrant in Maryland. Call several attorneys in the area of Maryland where your case is pending. Hire the best one you can afford.
Once the Maryland case is resolved, if you do not currently have a valid Virginia driver's license, any Virginia DMV can print for you a "compliance sheet," which will list the conditions you need to satisfy in order to get your license back.
Best of luck.
If a case is ended via nolle prosequi, the defendant is not required to pay court costs. The clerk's office at the court you attended can absolutely confirm how the case ended and whether or not costs are owed, though. You should call them.