Archived
If charged with a felony but reduced to misdemeanor at sentencing can they bump it back up to felony for a probation violation?
George's answer
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Answered on May 26, 2015
If you were sentenced on a misdemeanor offense (reduced from a felony) then it will always remain a misdemeanor. Any subsequent violation would be...
Archived
1st DUI, interlock 6 months. Had one breath fail followed by passed in 5 min. Not violated. Can I petition for removal?
George's answer
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Answered on May 26, 2015
My Colleague is correct. Asap files the violations and one fail after a good retest 5 minutes later will most likely not get you violated.
If...
Archived
"Indeterminate Probation", 9 1/2 years suspended. 1st offense. No major criminal history. How can I get my Probation released.
George's answer
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Answered on May 25, 2015
Your probation officer can always request that the probation supervision be terminated from the court. However, six months is too short a period...
Archived
Expunging Conviction in Virginia / Disclosure Requirements
George's answer
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Answered on May 25, 2015
No. There is no way to get around the expungement process. However, given the facts presented, your sons first conviction was as a juvenile. All...
Archived
My son whose 16 had sex at a party with an 18 year old girl. After three days she claimed he raped her. She brought the beer.
George's answer
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Answered on May 25, 2015
The police do not have to allow you in the interview room when they are questioning your son even if he is a minor. You need a criminal defense...
Archived
Is it legal for the police to search your cellphone without a warrant during an arrest for a misdemeanor?
George's answer
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Answered on May 24, 2015
Then police can seize your phone incident to arrest and may search with consent. The police usually will have to get a search warrant to look...
Archived
Can I have misdemeanor first offense expunged if I got the charges dropped and plead not guilty but had to do community service
George's answer
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Answered on May 24, 2015
No. If you entered any type of plea and had the case deferred for a possible dismissal, the prosecutor is right and the case cannot be expunged.
Archived
Son sentence to 90 days in chesterfield Virginia jail misdemeanor assault and battery release date August 5 2015
George's answer
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Answered on May 23, 2015
Release dates are not necessarily set in stone. However, a person found guity of a misdemeanor serves 1/2 of the sentence imposed. (A person...
Archived
What are the charges and penalties if any?
George's answer
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Answered on May 23, 2015
It is illegal to use plates that do not belong to you in a car that the plates are not registered to. If the car is not driven and is on private...
Archived
What do I do about my community service that I have not finished?
George's answer
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Answered on May 22, 2015
Have your attorney ask for an extension of time to do community service.
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