Get Free Answers From Experienced Lawyers!
Have a Legal Question?
Lawyers, increase your visibility by answering questions and getting points.
Answer Questions
Criminal Law View Questions by State
Your current state is Virginia
Criminal Law Questions & Answers
Q: What if a police report is missing by my court date for a misdemeanor fireworks citation?
I received a misdemeanor citation for fireworks, but the District Attorney's office has informed me twice that a police report has not been filed. I have no prior legal issues. What happens if the police report is still not submitted by my court date?
PREMIUM
Maxwell J. Wright
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 14, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 14, 2025
Generally, the arresting/citing police agency will refer the report(s) to the prosecutorial agency (i.e. District Attorney or City Attorney) for filing. If the file/report(s) are not referred to the prosecutorial agency before the date listed on the citation, no case will be filed on or before that... View More 
2 Answers
| Asked
in
Car Accidents, Insurance Bad Faith, White Collar Crime, Personal Injury and Criminal Law
for
Maine
on
Q: Accident in Maine, worried about insurance fraud accusation after buying insurance post-accident.
I was involved in an accident on July 4, 2025, where the other driver was at fault according to the police report. In a panic, I purchased insurance for my car after the accident, and it's noted on the police report that I had insurance at the time. I filed a claim with my insurance company... View More
Stephen Arnold Black
answered on Jul 14, 2025
answered on Jul 14, 2025
Buying car insurance right after an accident isn’t automatically fraud. The reason is, your policy has a timestamp showing when coverage starts, and the police report will show when the accident happened. If those don’t match up, it’s pretty clear the accident came first. That’s why it’s... View More
Q: Could I get in trouble for having a gun if threatened by a knife?
While driving, I was followed by another driver who pulled out a knife. I have a gun in my bag on the seat. I pulled over, and the person pulled behind me, but I then drove off and called the police. Could I get in trouble for having the gun in this situation?
Terrence H Thorgaard
answered on Jul 13, 2025
answered on Jul 13, 2025
Yes, you could get in trouble. in general, you are only allowed to have a handgun in your vehicle if " if the handgun or weapon is securely encased or otherwise not readily accessible for immediate use." See Florida Statute 790.25.
It is unclear why you pulled over. Did you... View More
Q: Can a convicted felon in LA get charges dropped or probation for firearm possession with prior convictions?
I have been formally charged with being a convicted felon in possession of a firearm and have two prior convictions. I've only been to arraignment so far. Is there any way I could get these charges dropped or receive probation instead?
Randy Bryan Ligh
answered on Jul 14, 2025
answered on Jul 14, 2025
The answer to your question is Yes, however it is not a simple as going to Court, asking for a reduction and then receiving it---as such you need to take efforts and steps to give yourself the best opporutunity to do this and the first step is to consult with an attorney to discuss the specifics of... View More
Q: Facing probation challenges due to mental health and transport issues in Minnesota. Legal steps?
I am facing serious challenges complying with probation requirements due to mental health issues, lack of transportation, and location constraints. Despite informing Benton County of my inability to attend mandatory random drug testing due to these circumstances, I have not received adequate... View More
Jonathan Matthew Holson
answered on Jul 12, 2025
answered on Jul 12, 2025
I’m not sure why Benton County would be requiring you to test there as there are testing facilities in Little Falls. I would suggest that you also inquire about transferring probation to Morrison County. The ADA is not going to require that probation make accommodations for your probation... View More
4 Answers
| Asked
in
Civil Litigation, Car Accidents, Criminal Law, Wrongful Death and Personal Injury
for
California
on
Q: Need advice on a civil subpoena for my son related to a car accident with a fatality; he's currently in jail.
I need advice regarding a civil subpoena issued to my son, who is currently serving time in jail. He was involved in a car accident where one person was deceased. What steps should he take in response to this subpoena?
William John Light
answered on Jul 12, 2025
answered on Jul 12, 2025
Since your son is in jail, I assume he hasn’t been served with the subpoena. Without service, there is no need comply. If he was served, he cannot comply. The subpoenaing attorney will have to arrange the deposition at the jail. If your son is facing liability from this collision, he should... View More
Q: Seeking advice on fighting constitutional rights violations in my boyfriend's incarceration and bail denial.
I need to know how to address my boyfriend's constitutional rights violations since he is being held without bail for 13 months without a preliminary hearing. He faces charges of 1st degree felony gun charge, 2nd degree felony manslaughter, 3rd degree restricted person firearm charge, and two... View More
PREMIUM
Stephen Bilkis
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 12, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 12, 2025
I'm sorry you're dealing with such a difficult and frustrating situation. When someone is held in custody for an extended period without bail or timely court proceedings, it raises serious questions about due process and the right to a fair and speedy trial.
In New York,... View More
2 Answers
| Asked
in
Criminal Law, Civil Litigation, Libel & Slander and Personal Injury
for
Oregon
on
Q: Can my boyfriend defend against false pedophilic behavior claims in Oregon?
My boyfriend, who is 35, is being threatened by his ex, who is now 22, with being reported for pedophilic behavior. She lied about her age for three months using false documents and had friends support her age claims. When my boyfriend discovered her true age and tried to leave, she manipulated him... View More
Brad Holbrook
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2025
It's kind of you to post this in support of your boyfriend. That said, he's 35 and was dating someone 13 years younger. While age gaps in relationships aren’t uncommon and love has no fixed limit, there is a legal age of consent. In many states and countries, that age ranges from 14 to... View More
Q: How can I expunge my Georgia felony convictions for marijuana from 1987 and 1993?
I have two felony convictions for marijuana under the Georgia Controlled Substance Act from 1987 and 1993. I have completed all requirements related to these convictions, and I have no other charges. I want to know how to start the process of expunging my criminal record in Georgia.
Serge Jerome Jr.
answered on Jul 11, 2025
answered on Jul 11, 2025
In Georgia, the process you're referring to as "expungement" is officially known as "record restriction and sealing." It's important to understand that your criminal record will not be permanently deleted or destroyed; rather, it will be hidden or sealed from public... View More
2 Answers
| Asked
in
Personal Injury, White Collar Crime, Employment Law and Criminal Law
for
Texas
on
Q: Seeking advice after manager blackmailed me and ignored calls when injured.
I fell down my stairs on my way to work and required medical attention. I tried calling my workplace and my direct manager multiple times, but no one answered. I have text messages from my manager that contain threats of blackmail related to my job. I reported this to the manager above her. What... View More
John Michael Frick
answered on Jul 11, 2025
answered on Jul 11, 2025
If the fall occurred on the premises of your workplace, you should make a workers' compensation claim for your medical expense and for any compensable lost time from work by filing a Form DWC-43. The Texas Department of Insurance can assist you in making such a claim:... View More
Q: What to do if my son's criminal attorney has a conflict of interest?
I hired a criminal attorney for my son's federal case and paid him a full fee of $120,000. The next day, he informed me he had to withdraw due to a conflict of interest but promised to have his associate represent my son while coaching the associate behind the scenes. I later discovered he is... View More
Michael J. McConnell
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2025
Based on the facts described, there are very serious ethical and legal issues involved here. Generally in these situations the defendant needs to retain truly independent counsel immediately to protect their interests. An associate being "coached" behind the scenes by an attorney... View More
Q: Is criminal trespass in NJ a fourth-degree or disorderly offense?
If someone is not permitted to be inside a garage that is separate from a house and located on private property in New Jersey, and has no relationship with the property owner, and no prior warnings were given, is being arrested for criminal trespass considered a fourth-degree offense or a... View More
H. Scott Aalsberg
answered on Jul 10, 2025
answered on Jul 10, 2025
Based on your question it could possibly be either. The key word you mentioned was not permitted to be inside which would leave me to believe that the person had some type of knowledge that he knew he was not supposed to be on that property. That being said it sounds more like a disorderly person... View More
Q: Do I need to fire my attorney to file a pro se motion in my criminal case?
I'm currently involved in a criminal case where my attorney has not addressed my requests to file a motion to vacate a Failure to Appear (FTA) warrant and reschedule my court date. I have repeatedly emailed my attorney regarding this, but have received no response. As a terminal cancer patient... View More
John Michael Frick
answered on Jul 10, 2025
answered on Jul 10, 2025
Yes. Texas does not allow hybrid representation. You either have an attorney, or you represent yourself.
You firing him isn't immediate and self-executing. If you fire your court-appointed attorney, you will have to wait for him to file a motion to withdraw and wait until the judge... View More
Q: Customs intercepted benzos shipment from Europe; no charges yet. What to expect?
I had 60 Klonopin pills shipped from Europe to the USA, but customs intercepted the package. I haven't received any communication from customs, and I'm not facing any charges at the moment. My doctor in the USA won't prescribe enough medication to manage my anxiety, which is why I... View More
Kevin L Dixler
answered on Jul 9, 2025
answered on Jul 9, 2025
The Federal Government will take whatever action it deems appropriate, given its priorities, as a matter of prosecutorial discretion. You have the right to remain silent, anything that you say or do can be used against you in court, you have the right to representation from an attorney at any... View More
Q: What can I do if my probation officer refuses a second substance abuse evaluation recommendation?
I was ordered to get a substance abuse evaluation as a condition of my probation. The first evaluation contained fabricated information and misrepresentations. Initially, the recommendation was for supportive outpatient care until my probation officer mentioned a "dirty" UA, which was... View More
John Cucci Jr.
answered on Jul 9, 2025
answered on Jul 9, 2025
There is always legal recourse. However, the further along you get in the criminal system, the harder it is to undo whatever your status has become. A big part of overturning any judge or other conclusions made in the legal system, as a mandate from the court, will usually cost a LOT of MONEY.... View More
Q: Can a felon unknowingly possessing a gun be charged?
I was driving with a friend who is on parole when we got pulled over in Texas. I'm a felon myself but haven't been in trouble since 2009. My friend handed me a gun, which I didn't know he had, and I placed it beside my seat out of fear. The police searched the car without asking,... View More
John Cucci Jr.
answered on Jul 9, 2025
answered on Jul 9, 2025
Yes, you can BOTH be charged with possession of the gun as you both were within arms-reach of the weapon.
You can escape criminal charges if your friend acts like one, and takes an official position of ownership or control of the weapon.
There are a lot of different ways to... View More
Q: What if I plead guilty after a car crash in Nebraska with no insurance?
I was involved in a car crash in Lincoln, Nebraska, where my car was totaled. It was my first offense, and I did not have car insurance at the time. There were other people involved in the crash, and I received a citation for negligent driving. I've already had one court date and have another... View More
Perry Andrew Pirsch
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 9, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 9, 2025
If you have any assets, YES!, you need legal representation. Even if you don't have assets, there are always things to review and to potentially contest, even if it is just the amount of damages. In short, yes, you should consult with an attorney. No attorney will want to take this sort of... View More
Q: Can I serve time for possessing 7 oz of marijuana in Nebraska at age 18?
I am 18 years old and was pulled over by a police officer who smelled marijuana in my vehicle. I was found in possession of 7 ounces of marijuana in Nebraska. I have no previous offenses or criminal record related to drug possession, and I'm not currently facing any legal proceedings. Can I... View More
Perry Andrew Pirsch
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 9, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 9, 2025
Yes. Pursuant to Neb. Rev. Stat. 28-416, possession of marijuana greater than an ounce and less than a pound is punishable as a Class III misdemeanor. Thus, you could be sentenced up to 3 months in jail and a $1,000 fine. Note, however, there is NO required minimum sentence and you might also... View More
Q: How to proceed legally after driving with a suspended license and DUI accusations without being pulled over?
I was pulled over for a DUI in January and my license was suspended, resulting in 6 months probation. Recently, I picked up my kids from their dad, who informed them I had a suspended license. The police later called and asked if I was driving, and I confirmed. I need to turn myself in at the... View More
PREMIUM
Theodore J. Harvatin
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 8, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 8, 2025
You say you received six months of probation. I think you mean you were suspended for six months?
If so, the suspension does not end just with the passage of time. You also have to pay the $250 reinstatement fee to the secretary of state to fully terminate the suspension.
You... View More
Q: How to proceed legally after driving with a suspended license and DUI accusations without being pulled over?
I was pulled over for a DUI in January and my license was suspended, resulting in 6 months probation. Recently, I picked up my kids from their dad, who informed them I had a suspended license. The police later called and asked if I was driving, and I confirmed. I need to turn myself in at the... View More
Charles Candiano
answered on Jul 9, 2025
answered on Jul 9, 2025
The most insidious lies are the ones that you tell yourself. on your facts, you confirmed to law enforcement: 1.) that you violated probation (by driving); 2.) that you violated state law by driving without insurance (you did not have a valid license so irrespective of whether you paid for... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
