Archived
At the age of 18 I was convicted of Petit Larceny, I am now 24 and seeking a career can this be removed from my record?
Mitchell's answer
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Answered on September 15, 2010
Normally, a conviction CANNOT be expunged; however, your conviction may be invalid becasue a court cannot impose a term of incarceration (even...
Archived
Possession of Marijuana in VA
Mitchell's answer
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Answered on September 13, 2010
The Commonwealth's Attorney will still have to prove beyond a reasonable doubt that the recovered material was in fact marijuana among other...
Archived
Statute of limitation for class 5 felony in virginia
Mitchell's answer
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Answered on September 11, 2010
There is no statute of limitations for a felony in Virginia; however, the more years that pass make the case more difficult for the Commonwealth's...
Archived
Expungment of First Offense Marijuana Charge That Was Dismissed
Mitchell's answer
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Answered on September 11, 2010
If the case was DISMISSED (as mentioned), then there should not be all the problems cited. If dismissed, what you really are seeking is to have...
Archived
If a sentence is appealed, does the defendant still start his jail time?
Mitchell's answer
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Answered on September 11, 2010
Assuming an appeal from General (or Juvenile & Domestic Relations) District Court to Circuit Court, then there is no jail time to serve because the...
12 months in jail, 11 suspended and 1 month weekend jail. Does that mean 30 days total jail time or just weekends for 1 month?
Mitchell's answer
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Answered on September 11, 2010
30 days on a misdemeanor really means only 15 days to serve because the inmate gets 2 days of credit for every day served. 15 days on the weekends...
Archived
Can you legally be charged with a dui in virginia after leaving the scene of an accident?
Mitchell's answer
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Answered on September 10, 2010
The police have 3 hours to arrest you at any location without a warrant from the time of the alleged offense; however, you have an after consumed...
Archived
Can I be charged for underage possession of alcohol in VA if the cop only smells it on my breath?
Mitchell's answer
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Answered on September 10, 2010
The law also criminalizes consumption. If you admit to drinking an alcoholic beverage and the police officer can coorborate that admission, then...
Archived
I got a speeding ticket in VA for being marked at 26mph over the speed limit, How might I go about fighitng it?
Mitchell's answer
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Answered on September 07, 2010
The best way to "fight it" is to retain local counsel.
Archived
How can I get a threatening phone calls conviction overturned?
Mitchell's answer
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Answered on September 03, 2010
Your best bet is to file a Notice of Appeal in the General District Court, which will allow you to have another trial in Circuit Court. You have...
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