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Brian Damas Thoman
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Brian Thoman’s Answers

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  • If i am charged with Grand Larceny can it be reduced to petty larcny?

    I am 19 years old, college student unemployed and really not a bad person, my dad killed his self in 2007 and me and my mom aren't close, im on my own and made a stupid discison, now im charged with a felony. Grand Larceny i am guilty i did it, is...

    Brian’s Answer

    First, do not post confessions of guilt ANYWHERE on the internet. Second, there is no guarantee that you will even be convicted of the crime. You need to consult with an attorney about how to proceed with your case. Although a plea agreement for what you desire is possible, the prosecution does not have to offer anything to you. Seek legal representation immediately, and if you can't afford a lawyer, ask the court to evaluate you for a court appointed attorney.

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  • How does the state of Virginia define assault?

    I'm wondering if I need to take any action. I went on a date last night and when we went out to my truck he grabbed me and kissed me, I insisted I needed to go home. He told me to get in the car, and I did, rolling my eyes. But then he pushed me d...

    Brian’s Answer

    This is the crime of Battery. I would heed the instruction of my colleague and call your local police department or Commonwealth's Attorney's office if you would like to press charges, they can direct you on how to file the complaint.

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  • Is incest between siblings a crime?

    What if one sibling is a minor?

    Brian’s Answer

    Yes under Virginia Code Section 18.2-366. "Relations" between siblings is punishable by up to one year in jail and/or $2500 fine. If one of the siblings was of age and the other is a minor, the sibling who is over 18 could be prosecuted for statutory rape as well, even if the encounter was agreed upon by both siblings. The age of each sibling and even the age difference between the siblings will determine if the charge is a misdemeanor or a felony.

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  • The military will not accept me so if i expunge my case from happend in va can i join? i got no convictions!

    i was arrested for 6 misdomeanors and did community service did fines etc but i have no convictions on my plate! but the military wont accept me!

    Brian’s Answer

    It will depend on what your charges were... Consult with a local attorney to determine if you are eligible for expungement. Feel free to contact me through the link below if you would like a few names of local attorneys that may be able to help you.

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  • Can I face criminal charges for using a fake social security to apply for a place to live. My application was rejected.

    I used a fake social security to get a place to live and it was rejected, Now the owner is threatening me of using that against me

    Brian’s Answer

    In Virginia, the charge taken out against you would most likely be Identity Theft, under section 18.2-186.3. The "reader's digest" version of the long statute says that if you use any identifying information (SS# is a type of identifying information) for anyone dead or alive, REAL OR FAKE, in order to benefit in certain ways then you may be able to be convicted.

    This is by no means a comprehensive analysis of the statute, but with the information you've provided above I do believe that a magistrate may find that there is probable cause to issue a warrant. You ABSOLUTELY need to contact an attorney immediately to find out what course of action you should take. If you would like, you may contact me and I would be willing to refer you to any number of local attorney's close to you that could help. You can contact me through my website by clicking the link below.

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  • Can police or probation officer search my room if my roommate is on felony probation?

    I rent a room at a house, and have 4 other roommates. Two roommates are a couple that are on the lease, and myself and another roommate are just renting a room. The other roommate has just disclosed that he is being placed on felony probation f...

    Brian’s Answer

    • Selected as best answer

    This is a very difficult question to answer with the limited amount of information you've provided. The Constitution does guarantee the people's right to be free from government searches and seizures without due process, there are many exceptions to that rule, and the rule may not even apply if the law doesn't think that YOU should have a reasonable expectation of privacy in that situation.

    If you want to protect yourself you can do a few things. First, put a lock on your door that only you (and your "landlord") have a key to. Make sure the probationer does not have shared access to the area without your permission. Second, you need to make sure that you are more than just a guest in the home. If you have not already done so, have the owner of the house provide you with a lease agreement that clearly denotes the area(s) of the home that you AND ONLY YOU, are renting. If you are merely a guest the law will probably not grant you any standing to object to even unreasonable searches.

    The only real way to protect yourself is to remove yourself from the situation... especially if you have a good reason to want to avoid having your room searched.

    If you need help understanding or executing any of the suggestions that I've mentioned, please feel free to contact me by email or by phone. You can find the contact information by clicking my Avvo profile link or by clicking the link to my website.

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  • Right approach on an almost 2 decades bench warrant?

    I'm planning to contact an attorney as I would like to clear a 17 year bench warrant that i just found out for a misdemeanor marihuana possession. I wonder if the DA would prosecute me, base on your experience what would be my worst and best case ...

    Brian’s Answer

    Many General District Courts purge their paper documents after ten years, so even if the bench warrant is active, the underlying documents may not even exist anymore. Contact a lawyer that regularly practices in that jurisdiction. They may have more information regarding the standards and practices of the local Court.

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  • Why would a public offender ask for a bond hearing a week before hearing date ?

    boyfriend has been in jail since last of january for probation violation due to restitution wasn't payed but in the 2 months it has been paid in full and he has a court date on the 29th so why would a po have a bond hearing week before hearing ?

    Brian’s Answer

    If you have an attorney they may be able to explain any benefit to you as they relate to the specific facts of your case. If a bond hearing was scheduled, and the restitution is, in fact, paid in full, and that was the ONLY reason that his probation was violated, a judge may be willing to release him on a Personal Recognizance Bond. A judge may also look at the facts of the probation violation, and since restitution is paid, decide to dispose of the matter several weeks early, and if no additional jail time is given, then your boyfriend could be released that day.

    Either way, it could possibly result in your boyfriend being released without having to put up cash, and potentially not having to go back to jail.

    If you do not already have a lawyer for your boyfriend, I suggest that you look into retaining one. If you need any further assistance or representation, you can contact me through my Avvo profile.

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  • Probable Cause/Plain View Doctrine?

    I've read that the smell of marijuana is probable cause for a search of one's vehicle, but I've also read about something called the Plain View Doctrine, and I was wondering about "...if evidence of criminal activity or the product of a crime can ...

    Brian’s Answer

    As long as the officer can articulate that through his training and experience that he knows the smell of marijuana there is plenty of case law supporting the "plain smell" doctrine.

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  • Can probation violation charge be dropped if restitution is paid in full ?

    boyfriend was on probation for a year and probation end date was 04 / 18 / 2012 and was arrested for probation violation charge a restitution was ordered at time of sentencing but was never aided in the year he was on probation

    Brian’s Answer

    Its possible. It really depends on quite a few factors. Did your boyfriend make ANY attempt to pay restitution during his probation? What was the underlying conviction for? Who is the Judge? Who is the prosecutor? Even if all factors line up for your boyfriend I still foresee the court extending his probation. He does face potential jail for the violation though, I suggest you consult an attorney.

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