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John W. Luxton

John Luxton’s Answers

3 total

  • Can a person b charged with robbery if he was in the store 10 min before the robbery happened?

    they say the person i went into the store with before the robbery looks like the person who robbed the store and that i was casing the place.

    John’s Answer

    The prosecutor must prove that you aided the individual who did the the robbery. Be aware the police do not have to tell you the truth as the try to interview you. They may suggest the store video contains incriminating content or that the person who did the robbery is cooperating with them. Do not bite on their bait. Be polite, but tell them you will not speak with them.

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  • At arraignment incorrectly charged with first offense, can you be convicted as second offense?

    I live in Richmond, Va, but was pulled over for speeding in Nottoway, Va and charged with posession for a small amount of marijuana. I was convicted 5 years ago of simple possession of marijuana in chesterfield county, va, and never had my recor...

    John’s Answer

    You could be convicted if the Commonwealth Attorney makes a motion to amend the original warrant to allege you have previously been convicted. The offense would change from a maximum 30 days to a maximum of 12 months. The amendment must be done before you enter a plea and there must be proof of the prior conviction.

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  • Concealment of merchandise and petit larceny questions?

    I live in Richmond VA and recently got caught for stealing bathing suits worth about $120 in one store and $180 in the other and was wondering what could possibly happen? I got charged woth concealment of merchandise and petit larceny and this is ...

    John’s Answer

    Do whatever you can through an attorney to avoid a larceny conviction. Some courts will allow a general continuance to allow time to perform community service, counseling, and time to prove you will not likely offend in the future. Completion may result in a dismissal which may allow you to have the arrest records expunged.

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