Jennifer Raimo’s Answers
1,084 total
A judge dismissed an assault and battery case because I didn't state the city it happened in when I testified against the perso?
Jennifer’s Answer
It sounds like the judge was correct. It is not enough to testify that you were assaulted or that it was caught on camera. It has to have happened within that local court's territory. Some prosecutors are paranoid about this technical point and ask where it happened or if it happened within this county multiple times at the beginning and at the end of the direct examination. Other times, that question seems to get glossed over.
What is my best defense, if any, for situation listed below?
Jennifer’s Answer
Unless there was a median separating the two lanes of travel, you must stop regardless of whether children are present on the street. You might want to talk to a lawyer in a confidential setting for more information. Many offer free consultations.
Can I write and affidavit ?
Jennifer’s Answer
A criminal defendant has a right to confront and cross-examine his accuser in court. To that reason an affidavit cannot replace live testimony. In my jurisdiction, we do not have an option of testimony by WebEx, but I hear some counties allow it. I would recommend speaking with your victim witness rep if you have one or the Commonwealth Attorney office if you don't have victim witness helping you with your case.
I admitted to drinking and driving ?
Jennifer’s Answer
Hollywood is the biggest liar. Miranda is not something that is required to be read as part of the arrest process, but it sure looks that way in the movies. Admitting to drinking didn't help you. A DWI case turns on the details of what you said and did, as well as your physical appearance. Most police departments use body worn cameras that a lawyer will be able to watch. Until then, we can only speculate as to how good or bad your case looks. Get a lawyer as soon as possible.
Virginia code 19-2.2704:1 Is this the updated version of this code?
Jennifer’s Answer
I think you mean code section 19.2-270.4:1 (there is no 2704:1). That statute was last revised during the 2021 special session of the legislature. You can see the statute on the Virginia Law portal at https://law.lis.virginia.gov/vacode/title19.2/chapter16/section19.2-270.4:1/#:~:text=%C2%A7%2019.2-270.4%3A1.%20Storage%2C%20preservation%20and%20retention,of%20human%20biological%20evidence%20in%20felony%20cases.
How do I drop the protective order I have on my son's mother before the court date after it's been extended once in Virginia?
Jennifer’s Answer
You should be able to file a written motion to rescind the Protective Order and have that motion docketed. The date the motion can be heard may be a bit far out though, because many courts are even more backed up then normal due to the COVID-19 shutdown last year.
Charged for possession with intent. 3 of them. BOGUS CHARGES
Jennifer’s Answer
You don't actually ask a question here. I strongly recommend you consult with an attorney in a private setting rather than write about what happened in a public forum. It sounds like you may find yourself facing charges if you aren't already.
Can I legally say no to ever having a conviction with a dismissed felony?
Jennifer’s Answer
You are correct. If you successfully completed the first offender program for drug cases, the case was dismissed and you have not been convicted. However, the fact you were arrested still shows up on your record and can easily be discovered by anyone who runs a background check.
Dinwiddie,Va
Jennifer’s Answer
Talk to a lawyer in your area about whether you should demand a jury trial in circuit court.
What do I do now that I am being investigated for welfare fraud? Please help.
Jennifer’s Answer
I agree. You really need to discuss this in a secret setting with an attorney. Do not post any details to this forum. Many criminal defense attorneys provide free consultations. If you cannot afford to hire an attorney, ask the court to appoint someone to represent you.