Whats the legal limit in Virginia? In Virginia the legal limit is 0.08. Yes. You can be convicted of DUI in Virginia even if you blow below the legal limit. The phrase legal limit is misleading because it doesnt mean that youre automatically guilty if you blow above it or innocent if you ...

It depends.  Some Virginia courts will not issue a bench warrant (capias) if you dont appear in court on a charge of simple possession of marijuana. Some courts will issue a bench warrant (capias) if you fail to appear in court. You should contact a local criminal defense attorney to see whethe...

How much should I pay for a reckless driving attorney?  If youve received a reckless driving ticket in Virginia, youve likely received many letters from attorneys offering to represent you. Their prices likely range from $200 to over $2000. Before you spend that kind of money, you should be su...

How much should I pay for a DUI attorney? If youve spoken with several attorneys about your DUI case and are comparing prices, you should keep a couple things in mind. A higher fee does not always mean a better attorney. First, a higher fee does not mean a better attorney. Attorneys quote hig...

Do I need a DUI attorney if I know Im guilty? Yes! You should never give up on your case. The consequences of a DUI conviction are simply too serious to give up without a fight. Here are some of the reasons you should hire an attorney for every Virginia DUI charge: 1. If you dont hire an atto...

Can I be convicted of Petit Larceny if I dont take the item out of the store? Yes. Virginia law does not require that you take the item out of the store. You can be charge with Petit Larceny if you put something in your pocket or purse without paying for it. Its common for Wal-Mart employees t...

What can I do if someone wont stop harassing and contacting me in Virginia? If youre being harassed by someone, you have several different options in Virginia. First and foremost you should tell the person to leave you alone. Its best to do it in writing and in the presence of a witness. But ...

Is it illegal to carry a concealed knife in Virginia? Yes, depending on the kind of knife. Virginia law makes it illegal to carry certain kinds of knives on your person. The kinds of knives that are illegal to conceal on your person are dirk knife bowie knife switchblade knife ballisti...

Getting a reckless driving conviction off your record There is no way to get a criminal conviction expunged from your record in Virginia. Under current Virginia law, if you're convicted of a crime, that includes a misdemeanor like reckless driving, you cannot have it expunged. The only way to re...

Punishments for Reckless Driving Reckless driving is a class 1 misdemeanor. That means it's punishable by up to 12 months in jail and a $2,500 fine. If you're convicted of reckless driving a judge can also suspend your license for up to 6 months. One of the most important consequences of a convi...

Preparing for Your Reckless Driving Case The most important thing to do is consult with an attorney. You will not always need to hire an attorney, but reckless driving is a criminal offense in Virginia. That means if you're convicted, you will have a permanent criminal conviction. Consulting an ...

Yes. It is no longer mandatory that your license be suspended in all Possession of Marijuana cases. Starting July 1, 2017, the mandatory license suspension for Possession of Marijuana cases is not mandatory in every case. Up until July 1, 2017, if you were found guilty of possession of marijuana...

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...

How long do I have to file a Virginia state habeas petition? The deadlines (statute of limitations) are strict for Virginia state court habeas. For the vast majority of people in Virginia, you have one year from the time that your direct appeal concluded or two years from the time your case beca...

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 ...

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 ...

Do I have to come to court if I get a reckless driving ticket? Actually, when you get charged with reckless driving the document that the officer gives you is called a summons, not a ticker. A summons is given in place of placing you under arrest. When you sign the summons, you're promising to a...

If you are 18, can you have sexual relations with someone under 15 years old? If you are 18 years or older you cannot have sexual relations with someone who is under 15 years old. If does not matter if you did not know the person what under 15 years old. You also cannot even ask someone under 15...

When can I serve my sentence on work release in Virginia? Under the Virginia Department of Corrections' Departmental Operating Procedures, inmates who are nearing the end of their sentence and who meet specific eligibility criteria can be considered for work release. In order to be eligible for ...

What weapons can I possess if I've been convicted of a felony In Virginia? It's illegal for someone who has been convicted of a felony to possess a firearm in Virginia. Va. Code section 18.2-308.2 also makes it illegal for someone convicted of a felony to possess other kinds of weapons. The othe...

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? 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...

Do You Need an Attorney to Help You Draft a Habeas Corpus Petition? Yes. Drafting a habeas corpus petition is complicated. But it's not just drafting the petition that is complicated. Filing the petition is complicated too. There are complicated rules governing when and how to file the petition....

The Evidence that a Police Officer Needs Before He Can Arrest You An officer needs Probable Cause before he can arrest you. In the case of DUI, the officer needs Probable Cause that you are or have been operating a motor vehicle while under the influence of alcohol or drugs. Remember that drivin...

The punishment for Class 2 misdemeanors can be found in Virginia Code 18.2-11: Up to 6 months in jail, and Up to a $1,000 fine One other thing to know about Class 2 misdemeanors: once you've been convicted, they are permanently on your criminal record. Currently, there's no way to have a c...