Brian Damas Thoman’s Answers

Brian Damas Thoman

Virginia Beach Criminal Defense Attorney.

Contributor Level 6
  1. Can police or probation officer search my room if my roommate is on felony probation?

    Answered about 2 years ago.

    1. Brian Damas Thoman
    2. Andrew Russell Page
    2 lawyer answers

    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...

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  2. Charged with marijuana possession due to proximity in a car that doesn't belong to me??

    Answered over 2 years ago.

    1. Darren Douglas Meyer
    2. Brian Damas Thoman
    3. William A. Jones Jr.
    4. Christopher S Ison
    4 lawyer answers

    Hopefully you exercised your right to remain silent. Police have a tendency to twist your words, or the meaning of your words when you make statements. Constructive possession is difficult for the Commonwealth to prove if certain things do not occur. First, did you make any odd movements in the vicinity of the alleged narcotics. "Furtive movements" can be seen as an indicator of one's knowledge of and intent to possess something. Second, although you say there was no odor of marijuana in...

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

    Answered about 2 years ago.

    1. Brian Damas Thoman
    2. Kenneth William Jacobson
    3. Brian S Wayson
    3 lawyer answers

    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...

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  4. Yes i have been charged with my 2 petit larceny charge had 1 grand & petit larceny charge 6 or 7 years ago what might happen

    Answered about 2 years ago.

    1. Brian Damas Thoman
    2. Eric James Demetriades
    3. John Naumovski
    3 lawyer answers

    Although this is a seemingly minor offense, it is your THIRD larceny charge in your criminal history. The Commonwealth is entitled to charge you with a felony for a third larceny offense, even if the amount is less than ten dollars. First, you need to determine if you have been charged with a felony or a misdemeanor, and then you need to discuss the facts of your case with an attorney to determine the best course of action as well as to determine what type of punishment you're looking at....

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  5. Do i have to waive my rights to an attorney

    Answered over 2 years ago.

    1. Macy Michelle Jaggers
    2. Brian Damas Thoman
    3. John Paul Thygerson
    4. Michael Lawrence Doyle
    5. Andrew M. Leone
    6. ···
    6 lawyer answers

    You don't have to waive your right to an attorney, but if you don't qualify for court appointed counsel, the judge also does not have to give you unlimited time to hire counsel. Your right to an attorney remains in tact even if you choose not to [or are unable to] hire one. What you need to do is shop around or to find a less expensive attorney that will be willing to work with you on a payment plan. If that attorney agrees to represent you, he may be able to postpone the case to prepare,...

    3 lawyers agreed with this answer

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

    Answered about 2 years ago.

    1. Brian Damas Thoman
    2. Rachel Elizabeth Wentworth
    2 lawyer answers

    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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  7. How much time can you get for selling pain mess ?

    Answered about 2 years ago.

    1. Brian Damas Thoman
    2. Mark Anthony Chmelewski
    2 lawyer answers

    The statute calls for a punishment between 5 and 40 years in prison and also allows for a fine up to $500,000. These limits allow a jury to sentence anywhere in that range, but they cannot go above or below those amounts. A trial by judge can result in less ACTIVE jail time depending on your record, the circumstances of the case, and your sentencing guidelines, but would include an amount of suspended jail time, supervised, and unsupervised probation. You need to hire a lawyer immediately. This...

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  8. What is the worst case scenario for an underage possession of alcohol with previous traffic offenses?

    Answered about 2 years ago.

    1. Brian Damas Thoman
    2. John Naumovski
    2 lawyer answers

    The maximum punishment allowed by law for this charge is 12 months in jail and a $2500 fine. The minimum punishment would be a deferred adjudication. You need to hire an attorney as soon as possible. DO NOT post any more details of your case in any public forums like this and only discuss the facts of your case with your attorney. I offer free consultations and would be happy to discuss this matter further with you over the phone or in person. You can contact me at 757-447-4090

    2 lawyers agreed with this answer

  9. If i was arrested and released on my signature. But the charges were dropped in court. How can i remove my arrest record?

    Answered over 2 years ago.

    1. Brian Ross Murray
    2. Jeffrey Cantwell Martin
    3. Carleton Penn III
    4. Brian Damas Thoman
    4 lawyer answers

    The ability to fully expunge the arrest may also depend on the type of dismissal you received. First, if the girl you allegedly pushed was a live-in girlfriend, mother of your child, or family member, your dismissal may have been contingent upon completing a "first offender" program. If this was the case, the dismissal may appear on your record in the future, but only for the purposes of showing that the "first offender" option is no longer available to you. Second if the charges were...

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  10. If I've moved to another state, do I need to return to appear for an active bench warrant?

    Answered about 2 years ago.

    1. Carleton Penn III
    2. Brian Damas Thoman
    2 lawyer answers

    It is ultimately your decision if you want to return or not. The active warrant will follow you wherever you go. Essentially, a bench warrant could be issued for many different things, it may not be associated w non-payment of fines. Any future contact with law enforcement in ANY state will most likely result in your being jailed without bond to determine if Virginia would like to extradite you on the warrant. It may be less costly and less hassle to have an attorney look into then nature of...

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