Rachel Elizabeth Wentworth’s Answers

Rachel Elizabeth Wentworth

Chesapeake Criminal Defense Attorney.

Contributor Level 12
  1. I'm unmarried and pregnant & my bf lives in different state. Could he force me legally to move to his state after child-birth?

    Answered about 1 year ago.

    1. Michael J Palumbo
    2. Rachel Elizabeth Wentworth
    3. Marco Caviglia
    4. Jayson Lutzky
    4 lawyer answers

    If the child is born in Boston and lives in Boston then Boston courts will have jurisdiction over custody disputes. He will not be able to force you to stay on Boston, but that may be the end result if a Boston court deems it is in the best interest of the child to stay in Boston near his father. You may be able to get the father to agree to allow you to have primary physical custody of the child with a provision to allow you to leave the state with the child, but if you have this many concerns...

    9 lawyers agreed with this answer

  2. So youve been arrested, and they want to question you, but you invoke your right to an atty

    Answered about 1 year ago.

    1. John M. Kaman
    2. Rachel Elizabeth Wentworth
    3. Richard Earl Hornsby
    4. Mark H Randall
    5. Michael Adam Haber
    5 lawyer answers

    The ability of the police to question you once you have invoked your right to counsel and what happens with your bond are two completely separate issues. Once you have invoked your right to counsel, the police cannot resume questioning you without your attorney present (whether it's an hour, a day or a week later) ... unless you first agree to waive your right to counsel. As for whether you can leave, after you have been arrested you are not allowed until you have been before a magistrate or...

    9 lawyers agreed with this answer

  3. What would happen if a girlfriend refuses to testify at trial in a domestic violence case, but the accused has a record of abuse

    Answered about 1 year ago.

    1. James Donald Garrett
    2. Rachel Elizabeth Wentworth
    2 lawyer answers

    If there is no independent evidence of abuse, then without the girlfriend's testimony then the case will be dismissed. Do not count on it though. She is not married to the accuse and therefore does not have the right to refuse to testify. Refusal could land her in contempt of court.

    Selected as best answer

  4. Open carry laws

    Answered about 1 year ago.

    1. Benjamin Pearce Titter
    2. James Donald Garrett
    3. Rachel Elizabeth Wentworth
    4. Kenneth William Jacobson
    4 lawyer answers

    Please see Virginia Code 18.2-308 and the related code sections for Virginia law regarding concealed weapons. There are no laws in Virginia against open carry. Individual cities may not pass local ordinances regarding firearms. See VA code 15.2-915. Below is a link to the Virginia State Police website for more information regarding firearms.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Do I need a lawyer for a class 1 misdemeanor?

    Answered about 1 year ago.

    1. James Donald Garrett
    2. Rachel Elizabeth Wentworth
    3. Michael R Crosner
    4. Stephen Patrick Pfeiffer
    5. Christopher J. Pitera
    5 lawyer answers

    Yes. This carries up to 12 months in jail and will be taken very seriously by the Courts because it involves both a firearm and alcohol. You should contact an attorney immediately.

    6 lawyers agreed with this answer

  6. What should I expect in court and what can I do to help myself? (VA 19.2-306)

    Answered about 1 year ago.

    1. James Donald Garrett
    2. Rachel Elizabeth Wentworth
    3. Jasen Bodie Nielsen
    4. Jeffrey Cantwell Martin
    4 lawyer answers

    The Commonwealth's attorney will probably argue that you should do the rest of your time for violation of the "good behavior' provision of your probation. Especially because the new offense is involved alcohol. When you are on good behavior, it means everywhere not just the county you're on probation in. At your court date, the judge will decide how much of that time you are going to have to serve. You are entitled to counsel for the show cause hearing and you need it.

    6 lawyers agreed with this answer

  7. How can a person with no prior arrest be sentenced to 12 yrs inprison

    Answered about 1 year ago.

    1. Rachel Elizabeth Wentworth
    2. Bennett James Wills
    3. James Regan
    3 lawyer answers

    You have asked this question before and I am sure you will get the same answers that I and several other attorneys gave you then. You have robbery and aggravated assault culminating in the victim being run over by a car ... an event that would not have occurred if the defendants had not left him unconscious in the street. Those facts alone are enough to justify the 12 year sentence regardless of the defendant's record. If the victim died as a result of his injuries, the defendant is lucky to...

    Selected as best answer

  8. Rec'd speeding ticket in VA while driving home from Myrtle Beach on 4/19/2013. Should I hire a VA atty?

    Answered about 1 year ago.

    1. Rachel Elizabeth Wentworth
    2. David C. Newton
    3. Michael J Palumbo
    4. Michael R Crosner
    4 lawyer answers

    You should hire a local attorney. Emporia is notorious for catching speeders. Having a local attorney is even more important because in Virginia anything over 80mph can be ruled reckless driving at which point it becomes a criminal offense and not just a traffic ticket. You should double check what you are actually charged with if the Trooper only charged you with speeding she did cut you a break.

    Selected as best answer

  9. What am I facing for parole violation, I have less than 1 month remaining, was arrested but no new charges filed?

    Answered about 1 year ago.

    1. Robert C. Keller
    2. Andrea E. Mertz
    3. William A. Jones Jr.
    4. Rachel Elizabeth Wentworth
    5. Kevin Mark Wray
    5 lawyer answers

    What happens at your probation violation will be up to the judge who hears the case. You should get a new attorney for the violation and the potential second DUI. It is good that you took the classes and paid all the fines and costs early, but the courts are not happy when someone is violated for DUI because of an arrest for a second DUI. When you go back for you violation, the judge can give up all of the time that was suspended when you were placed on probation. You have the potential for an...

    7 lawyers agreed with this answer

  10. Can i get compensation for sitting in jail longer than what was need?

    Answered about 1 year ago.

    1. Christopher J. Cherella
    2. Rachel Elizabeth Wentworth
    3. Bennett James Wills
    4. Andrew Joel Golden
    5. Scott S. Schlough
    5 lawyer answers

    No ... you were being held pending sentencing. The jail had no way of knowing that your sentencing would end up being less than time served once good time was factored in. You were lawfully held; therefore, there is no grounds for a lawsuit.

    7 lawyers agreed with this answer