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How can I have a charge expunged in Virginia?

Posted by Bryan Jones | Jun 05, 2017 | 0 Comments

In Virginia, if a charge is dismissed or amended, you can petition a circuit court to have the original charge expunged at any time. The process is straightforward, but you should consider hiring an attorney to help. Running through the process yourself can be a trap for the unwary and because it...

What does the extradition process look like in Virginia?

Posted by Bryan Jones | May 01, 2017 | 0 Comments

What does the extradition process look like in Virginia? If you're arrested in Virginia on an outstanding out-of-state warrant, you will be brought before a General District Court judge. The out-of-state warrant can be for anything. You could have a warrant for felony murder or even misdemeanor ...

Is medical marijuana legal in Virginia?

Posted by Bryan Jones | Apr 24, 2017 | 0 Comments

Yes, medical marijuana is legal in Virginia. There are three medical exceptions to the statutes that criminalize the possession of marijuana. The statutes that make exceptions for medical marijuana appear broad, but actually Virginia courts have limited them significantly.  1. Cannabidiol Oil ...

What is entrapment in Virginia?

Posted by Bryan Jones | Mar 20, 2017 | 0 Comments

What is entrapment in Virginia? Entrapment is a potential defense to any criminal charge. If you've been entrapped, you will be found not guilty and the charges against you will be dismissed. Because entrapment can result in all charges being dismissed, it is a powerful legal doctrine, but it is...

How do I get out on bond in Virginia?

Posted by Bryan Jones | Mar 13, 2017 | 0 Comments

How do I get out on bond in Virginia? Before a judge will give you a bond in Virginia, he has to decide whether you're a flight risk and whether you're a danger to the community. If the judge believes there's probably cause that you'll pose a risk to the community or that you won't show up for y...

What is an Assault & Battery in Virginia?

Posted by Bryan Jones | Jan 23, 2017 | 0 Comments

What is Assault & Battery in Virginia? In Virginia an assault and battery is any offensive touching of another person. As you can see, the definition of assault and battery is very broad. It doesn't have to be a punch and the victim of the assault and battery does not have to be injured. 

Can I be charged with DUI even though I'm not driving?

Posted by Bryan Jones | Jan 16, 2017 | 0 Comments

In Virginia, you can be convicted of DUI even if you're not driving your car. That's because Virginia law says that you can be convicted of DUI if you are driving or operating a vehicle while under the influence.  What does it mean to be operating a vehicle?In Virginia, operating a vehicle means ...

The 4 most common Habeas Corpus claims

Posted by Bryan Jones | Dec 26, 2016 | 0 Comments

Ineffective Assistance of Counsel This claim means that your attorney was ineffective. But an ineffective assistance of counsel claim doesn't just require you to show that your attorney was ineffective. You also have to show that he or she was so ineffective that instead of helping your case, yo...

What is Ineffective Assistance of Counsel?

Posted by Bryan Jones | Dec 19, 2016 | 0 Comments

The 6th Amendment to the U.S. Constitution guarantees that each person who is charged with a crime that could result in jail time of more than six months is entitled to effective representation. That does not always happen. In fact, ineffective assistance of counsel is perhaps the most often rais...

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