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Buta Biberaj

Buta Biberaj’s Answers

173 total


  • I was convicted a year ago for a dui in Virginia. At that time I had a West Virginia license. I now reside in Virginia and have

    Paid all the court fines and reinstatement fee here in Virginia. I have also completed VASAP and have waited my one year suspension. Will West Virginia DMV require me to do any additonal requirements in order for me to get a Virginia license?

    Buta’s Answer

    The information provided here is not to be deemed to be, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.

    The best source of information is to get a compliance letter from the Virginia and West Virginia DMVs. This way you have clear information on what each state requires of you.

    Good luck.

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  • What can I do about my Virginia criminal record barring me from employment?

    I have a record that includes drug possessions, theft, and credit card fraud, all felonies. Other charges as well but these I believe are what are causing me the biggest problem. Most recent charge being in 2012. I previously had a drug problem,...

    Buta’s Answer

    The information provided in this response is NOT to be deemed to be legal advice but is offered as general information.

    Virginia has very strict rules regarding the eligibility of expungements - they are limited to cases that were dropped (not prosecuted) or dismissed (either by a finding of not guilty or a judge dismissing the case for other reasons). Unfortunately, the best you can do is keep doing the right things - not getting any new charges- so that enough time passes so that you can be eligible for a governor's pardon. As another attorney stated, let people/employers see you as the person you are today - clean, dedicated, mature, etc. - who is worthy of being given a chance. Good luck.

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  • Can I relocate from Virginia to Maryland with 9yr old son? do I have a chance since it's around the beltway 58 miles away

    I am recently divorced. We share custody of our 9yr old son. He spends the night at his fathers house 1-2 times out the week and every other weekend. Our divorce decree states if one parent wishes to move, we must go to mediation to work out visit...

    Buta’s Answer

    Please note this response is for general information only and is NOT to be deemed to be legal advice as each case is different.

    The case law in Virginia intends to create an opportunity for the child to have a meaningful relationship with each parent. Thus, if moving out of state decreases or diminishes the child's relationship with a parent, it is a basis for the court to order the custodial parent not to move. Consideration is based on the "best interest of the child." If the custodial parent can show the court that the move is good for the child - for the reasons stated in your hypothetical, the court can approve the move. One of the most successful ways for a parent to move is to get the blessing of the other parent. Maybe the days of visitation can be switched or travel shared between the parents. Although money was identified as a limitation, it is always beneficial to consult with one so that they can hear all of your facts and give you their recommendations specific to your situation.

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  • Will a d.u.i. conviction in 1997 affect the outcome of an open container ticket received now?. What is the maximum penalty?

    My d.u.i. was all taken care of in 1997, I have not had any alcohol related tickets since then. I have just had regular speeding tickets, and such. My points are at zero.

    Buta’s Answer

    Due to the age of your prior DUI 1997, it should not affect the open container charge. Be wary of the prosecutor possibly making comment on it in an attempt to inflame/trouble the judge into thinking that "here you go again, drinking and driving." Make sure you let your attorney know of the prior charge and the circumstances of this case so that you can be helped to the max. Good luck.

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  • Will my ex be arrested for unlawful sexual intercourse and If so for how long?

    The file was reported and am turning 18 this month this was reported before am even turning 18 am 17 right now. He's 22 or 23 um his birthday is on september 16 1990.

    Buta’s Answer

    if the crime/action is reported and the investigation comes up with evidence supporting the charge, yes. The evidence can be your testimony, his statements or witnesses who saw the action or other physical evidence such as DNA. As for the charge, it will depend on the discretion exercised by the prosecution and, thereafter, any plea agreements.

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  • I got a friend who has been sitting in jail over lies his ex girlfriend told there is video survelliance that shows she was not

    he or the first time they arressted him there is a protective order she violated and a voice recording that she lied to the police they filed on him and picked him up now what do i do for him

    Buta’s Answer

    encourage your friend to talk to a lawyer immediately. If the video surveillance is in the possession and / or control of a 3rd party, someone has to make sure that it is preserved or this helpful evidence can be lost.

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  • Do I need a criminal attorney?

    I just got fired from my work for stealing money from the register 14 times and it added up to being an amount of over $4000 dollars. I volunteer to make a statement and admitted to the stealing because I have a drug problem. I think I screwed mys...

    Buta’s Answer

    YES you need a lawyer and should get one ASAP. Although your statements will hurt you in your defense, the lawyer may be able to help you in mitigating the consequences. Consult with one soon - even before you are formally charged. If the police come to talk to you again, make sure you ask for or have your attorney with you, or just say "no thank you."

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  • Can the prosecution bring in something I did in the past to try and sway a jury

    The prosecuter made a officer testify about a house visit while I was on d.o.c. supervision I been off d.o.c and im not on any supervision he also mentioned my old probation officer renee cooper

    Buta’s Answer

    Past bad acts, if unrelated to the offense at trial on the merits, are traditionaly excluded because of the extreme prejudice to the defendant (you). Howerver, if you are convicted they may be relevant at the sentencing hearing. Speak to your lawyer, or if you don't have one, consult with one.

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  • How did I get off the sex offender registry in Virginia?

    I was sentenced to ten years probation and lifetime sex offender registration for having a conversation of sexual nature online (September 2005, sentenced 2007) with a young woman who lied about her age being 18 (she was 14). I never met the young...

    Buta’s Answer

    Consult with a lawyer to confirm that your offense does in fact require a lifetime registration either by statute or by court order. That will establish the basis and allow the attorney to determine if there is a legal argument to request you to be relieved of this requirement. Good luck.

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  • This is my first affense will i go to jail

    Me n my boyfriend got into a fight he hit me i threw a chair at him once he hit me he ran out side n i chased him to get my car keys we started tustling over the keys sum kinda way i was cut on my leg n we both gt charged wit aggrevated battery ...

    Buta’s Answer

    Both of you need lawyers - since both of you were charged, you may want to discuss with the attorney how the prosecutor is going to prove the cases against each of you if you both assert your rights to remain silent and not testify.

    As for jail, that is a possibility dependant on the injuries to you boyfriend. But, before you can be sentenced to jail, they have to convict you. consult with a lawyer.

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