I received threats from someone and want to protect myself.
I disagree in part with the previous answer. The accused must present enough evidence to raise a reasonable doubt, NOT prove beyond a reasonable doubt. There are two standards in Virginia. If the accused is without fault in bringing about the attack, he can defend himself with that force necessary to repel the attack. If the accused is with some fault in bringing about the attack (e.g., allowed a verbal argument to escalate), he must retreat to the wall, make his peaceful intentions known, and be in fear of serious bodily harm before being able to defend himself. Use of a knife to defend oneself would only be justified if the attack raised a reasonable fear of death or serious bodily harm.See question
I was declared a habitual offender by the court back in 1992. Have had no need to drive until now (company is relocating in 2015). Just trying to get license back, but don't know how much the cost will be.
Different lawyers will charge different fees, depending on their experience, and the area of the state in which they practice. It is possible for you to file without the help of a lawyer. Filing fees will run around $98, plus the cost of making multiple copies for service in the Commonwealth's Attorney and DMV.See question
I was charged for a 1st offense DWI in VA. I was very respectful to the officer and very cooperative. I did refuse to blow in the breathalyzer or give blood work. Is there anything I could do to mitigate this offense to a lower one? What progr...
I assume that you are charged with both DWI and refusal, since you refused to give a breath test (unless you were on private property when you were stopped). Whether the prosecution can get a conviction on the DWI in light of the refusal depends on the facts of the case, the judge, and the abilities of your defense lawyer. Virginia code, however, provides that if you plead guilty to the DWI, the judge may dismiss the refusal, which would make you eligible for a restricted license on the DWI, which is not available if you are convicted of refusal.See question
I am 100% Total and permanent disabled Combat Veteran who had the Commonwealth law of virginia in my cross hairs shortly after my departure from active duty due to bad prescriptions and doctors. I am now in drug court and have been for 8 months. T...
I have had numerous clients on permanent disability who have been able to find community service opportunities that they can perform despite those disabilities. Drug court is certainly no easy alternative to incarceration. It's often easier sitting around playing cards in jail than following through on your drug court requirements. However, if you make it through, you will be much less likely to get into trouble again. Talk to your local community service agency about community service opportunities that you can take advantage of to meet that requirement.See question
If a woman is found guilty and sentenced to jail/prison time, what happens to the child? Will they even send a pregnant woman to jail/prison? Would her pregnancy effect her sentence?
If you give birth to a child in jail, the baby can be turned over to a family member to care for until the mother in released. Otherwise, the child will be turned over to the Department of Social Services, and be in foster care until the mother is released. I have had several clients over the years who have been pregnant while serving their sentence. Two gave birth while in jail.See question
I know this is wrong and I regret doing it, but the other day I threw a cigarette butt out of my car window going down the interstate. Would it be possible/probable to receive a citation in the mail foe this if a police officer or an off duty poli...
The only citations allowed by mail in Virginia are red-light tickets, and violation of EZ Pass/Toll violations. An officer cannot send you a ticket by mail for littering.See question
What is a bond appeal?! Is that a good or bad thing? What is the cause of a bond appeal?
If your husband shows up in time to every court hearing, including the bond appeal, he demonstrates that he will appear for court. The prosecution will probably argue that he is a danger to himself or others. Sometimes the circuit court agrees with the prosecutor, but my experience is that most of the time, the circuit court may keep the bond requirements the same, or modify them, by requiring an ankle bracelet and/or pre-trial monitoring.See question
My bac was a .12 but my warrant I signed said the bac was 20% more then .20 but was correct in my arraigment by the da as .12 is their a mistake in my case no their wasn't no swerving or speeding while drive just pulled over for failure too turn...
Your breath reading at the scene, into what we call a preliminary breath test device (PBT) is not admissible. It is the result obtained when you blew into the machine at the station. If that was your .12 reading, the prosecutor should amend the warrant to reflect a blood alcohol content (BAC) of less than .15, which eliminates mandatory jail time. An experience lawyer may be able to keep the prosecution from even proving that your BAC was a .12.See question
What if my cars break down u telling me since I for a restricted liscence I can't drive nobody else car
On a first offense, the interlock has to be installed only in the car you drive. On a second offense, it must be installed in every car registered in your name. I have many clients whose car is actually registered in their parent's name. The car can be driven by the client, but only if the interlock is installed. If your car breaks down, you will have to find other transportation until it is repaired, or until you have an interlock installed in another vehicle. You may petition to have the interlock removed after 6 months, but many judges require that it remain on your vehicle for the entire duration of the restricted license.See question
How hard is it too get reduced too a wet reckless and agree too take ASAP classes restricted liscence ignition interlock
One of the biggest issues in negotiating a reckless driving disposition is your blood alcohol content (BAC). If you were just a .08, it is much easier to negotiate a reckless driving than if your BAC is a .11. The prosecution's willingness to negotiate also varies greatly from jurisdiction to jurisdiction, and even from assistant Commonwealth's Attorney to assistant. Often a plea offer of a wet reckless will not be made unless there are significant problems of proof. Then you and your lawyer are in the difficult position of deciding whether to take the risk of going to trial, and getting the charge dismissed, or accepting the plea to reckless driving.See question