Archived
My son is being refused a opportunity to see his son because his childs mother is 15 can they do that?
Jonathan's answer
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Answered on February 26, 2018
No. Parents have custody of their own children until a court orders otherwise. Your son has the ability to file for custody and visitation through...
How long of jail time do you receive for a strangulation charge ?
Jonathan's answer
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Answered on February 24, 2018
According to VA Code 18.2-51.6, strangulation is a Class 6 felony which is punishable by 1-5 years in prison and/or a $2500 fine. Due to this...
Archived
In Virginia, is an unworkable BB Gun considered the same as a real pistol in a robbery ??
Jonathan's answer
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Answered on February 24, 2018
Yes, it is the same. Robbery is basically taking from another person by force or threat of force. Whether the threat was able to be carried out is...
Archived
Can the police search you looking for heroin and charge you with possession of OxyContin when the warrant says heroin to be sei
Jonathan's answer
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Answered on February 24, 2018
Yes, you can. The search warrant allows the police to look anywhere where the item(s) listed may be. If while looking for the item(s) listed in the...
Archived
What if I was lie to about something that i file a claim for 6 years ago?
Jonathan's answer
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Answered on February 23, 2018
To commit fraud, you must know that the action you are taking is fraudulent. To be convicted of making the fraudulent statement, the Commonwealth...
Archived
Can I call for a mistrial if I was told I was going to the hospital and never was read my rights though I was taken to jail?
Jonathan's answer
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Answered on February 23, 2018
Even though you were in custody, so long as you were not asked any questions, Miranda rights would not be required. The bigger question is what...
Archived
Can the apartment property owner be responsible for a hit and run on there property
Jonathan's answer
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Answered on February 23, 2018
Unless you can show that the property owner was negligent in some way, then he is not responsible for the actions of another driver.
Archived
Can we post pone my sons first court date for dui charge ? Hes 19 years old?
Jonathan's answer
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Answered on February 23, 2018
At the arraignment your son will be asked if he wants to hire an attorney, a court-appointed attorney, or represent himself and then the judge will...
Archived
Can child protection services take my child if the father failed a drug test an I didnt?
Jonathan's answer
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Answered on February 23, 2018
Typically CPS will not take your children from you so long as there is not a reason to do so. With that said, if CPS files a complaint against your...
Archived
What constitutes for A modification of child support if the the person paying the support files?
Jonathan's answer
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Answered on February 23, 2018
Generally speaking, no. To modify a support order there must be a material change of circumstances and most judges are not inclined to use a...
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