He was violated for being accused of malicious wounding. The victim said it wasn't him while he was in the hospital their were 3 witnesses for my fiance and himself and the victim and his sister that I don't believe was there accused him. He was s...
I've never heard of time for a new charge being served concurrently with a probation violation for getting that charge. I also don't believe I've ever met a judge who would agree to do that.
Motions to reconsider are very popular with people who are in jail or prison because they often have no other options left. However, they are extremely difficult to win. He would need a really, really good reason and (ideally) the truthful ability to say that the information provided in the reason was unavailable at the time of the trial or probation hearing (whichever you're seeking to reconsider). Simply disagreeing with your lawyer's advice after the fact will not get a reconsideration motion granted.
You should also be aware, the court loses authority to reconsider 21 days after the decision or the day your fiancé is transferred out of the local jail. At that point, the long shot of a motion to reconsider becomes a complete impossibility.See question
I accidentally touched this guy...he yells assault and proceeds to beat and kick me....I ran in fear, he goes to magistrate, swears out warrant, I go to magistrate to swear out....but he got there first. I am arrested and not allowed to press char...
You need a lawyer. An assault is not limited to kicking and beating. It can be as simple as a harmless, but unwanted touch.
Take pictures of your injuries and give your lawyer the medical records if you needed any treatment.
Unfortunately, the process of swearing out a warrant through the magistrate's office is often a literal race to the courthouse. The first person there gets to swear out the warrant and the second gets to be the defendant in court.See question
My brother was arrested twice in one week and at the arraignment they denied his bond. Is he still able to get a bondsman to assist with a bond hearing for a possible release?
A bondsman does not help get a bond authorized. He pays the bond so your brother can get out.
If bond was denied at arraignment, chances are your brother was appointed a lawyer on the same day. The lawyer can file a bond motion at the district court level. If that gets denied, the lawyer can appeal to circuit court. Theoretically, the circuit court decision can also be appealed, but the chances of getting a bond after trying in circuit court are slim to none.See question
I explained I had just rented car and he still charged me, I had never seen the little container he pulled out of glove box
By statute, there is no presumption that you knew what was in the car you were driving. However, in the real world, police will still charge you and courts will look for any reason they can find to believe you actually did know it was there. Get a lawyer and give him or her a copy of your rental contract.See question
I have a friend with a DUI case pending in Fairfax County, received another DUI 4 months later. First BAC .19, second BAC .13. He's scheduled to graduate in May 2017 with a major in criminal justice and hopes of joining the Air Force reserves. He ...
DUI law is not user friendly. Both 1st and 2nd offense are class 1 misdemeanors with a maximum possible penalty of 12 months in jail, a $2500 fine, alcohol treatment commonly called ASAP classes, and a license suspension (1 year for 1st offense, 3 years for 2nd offense).
If he was convicted of the 1st DWI before he got arrested for the 2nd, that is an ASAP violation and your friend can expect to go to jail for the violation in addition to the sentence for the second if he is convicted of the second.
A .19 BAC has a mandatory minimum 5 days of jail time that does not qualify for good time credit, but be glad that's on the 1st case. If it were the 2nd, that would be 30 days mandatory.
A .13 BAC for a 2nd offense within 5 years, or in this case, 4 months, has a mandatory minimum 20 days.See question
I was recently given a desk apperence to court over shoplifting in food city the merchandise was prob about $20 which I regret tremendously but I've never been in trouble so will I pull the mimium 60 days in Virginia or can I qualify for the deve...
Assuming the case against you can be proven, you should not expect to lose 2 months of your life over this. However, what does happen in a typical, first offense misdemeanor shoplifting case varies from county to county. Some places, like Fairfax, will automatically offer you a diversion program that may or may not be in your best interests. Other places, like Prince William, are more inclined to seek one or two days in jail (although they've started to ease off on that). To me, anything more than a couple of days is too much and would leave me telling my client to appeal to circuit court.See question
I was placed on unsupervised probation for a felony conviction- I was told to report to probation office- however when I got there to report- I realized the condition that the probation officers were trying to apply did not match unsupervised prob...
No, probation is just doing what they were told to do and they have immunity.
There are 2 possibilities as to what happened. In both cases, I suggest you call your lawyer from the underlying charge. The first possibility is the judge said unsupervised probation in open court but then wrote supervised probation in the order. If that's the case, a copy of the transcript and a motion filed in court will get that fixed. Another possibility is that when you checked in with the clerk, that person automatically sent you to supervised probation (like a car on "autopilot") because supervised probation is part of the vast majority of felony sentences. That one might be fixable with a simple phone call from your lawyer. Good luck to you.See question
I have recently seperated from my husband I movee to a different apartment and last night he came to my apartment try to force me to have sex with him and when I did not he took a swing at me my 10 year old daughter try to defend me and sh got hit...
This is an immigration question. I'll change the practice area for you.See question
I am on nonreporting probation (summary, misdemeanor, good behavior, etc) where i dont have to see a po but i am suppose to remain of good behavior. well i got a ticket and was found guilty and sentenced to a weekend in jail. my family said if i...
The prosecutors are called "CA"s or Commonwealth Attorneys in Virginia.
If your family notified the CA's office, it may be that no one has read it, but don't count on it. The only way to know for sure is to ask them and then be certain they read it. It doesn't matter who received the letter, just whether they act on it. If someone in their office has read it, they would likely write a letter to the judge and request that a Rule be issued requiring you to return to court and explain why you shouldn't have the 12 months that were previously suspended imposed (and that full jail sentence often is imposed when someone gets new charges). In short, you are correct in your belief that your family has hurt you far worse than a slap on the wrists, unless of course, you consider a 12 month active jail sentence a slap on the wrists.
The jail can hold you for the violation if the judge issued an arrest warrant instead of a Rule to Show Cause. A Rule will not get you held in jail when you serve your weekend.See question
Fired from loss prevention at Walmart , charged with two counts of grand larceny months later . My public attorney says incarceration is not going to happen , I'm on probation terms .Is this factual? Also my attorney said they are out for blood an...
I find your question confusing. You say you are a first offender, but also say you are on probation terms. If you are on probation (not pretrial supervision but probation), then you are not a first offender and any conviction on even one charge is a violation of probation that can send you to jail for the probation violation even if you don't get jail on the new charge.
If you are a true first offender, there is a good chance sentencing guidelines recommend probation without jail time. Those guidelines are not binding on the judge. They are merely a tool to help the judge know what his or her peers are doing with similar cases.
Your lawyer is in the best position to tell you what is reasonable to expect. If you do not trust your lawyer, gather up all the documentation and discuss this matter with private counsel in a private setting.See question