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Protective Orders

In some states, they are called restraining orders, but they are referred to as protective orders in Virginia. A protective order protects you from unwanted contact with someone. If someone gets a protective order against you, you must be sure you understand what kind of protective order it is because violating a protective order is a criminal offense.

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Virginia's New Expungement Law

A criminal conviction can be one of the biggest barriers to employment, housing, education, and other opportunities. Whether you’ve been acquitted or convicted, or the charge was dismissed or dismissed by deferral, the matter remains on your criminal record. In February 2021, Virginia lawmakers passed a bill (SB1339, HB2113, i.e., the new expungement law) that will seal some criminal records. Here is what you need to know about the new expungement law.

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​What to Do After a DUI Arrest in Charlottesville

After an arrest for a suspected driving under the influence (DUI) charge in Charlottesville or Albemarle County, there is a certain process that nearly everyone will go through. Whether it is the jail booking process, testing, and the later court dates, each is important to your ultimate defense.

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Can I Get a Public Defender After a DUI Arrest?

Whether a public defender can be appointed in your case after a DUI arrest depends on a number of different factors, but the primary factor is your financial status at the time of the arrest. Public defenders are typically reserved for those individuals who cannot afford to hire an attorney on their own.

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What to Know About a Search and Seizure in Virginia

A search occurs when a law enforcement agent searches you or your property (e.g., a home, a vehicle, etc.). A seizure occurs when a law enforcement officer detains you or arrests you. A seizure can also occur when law enforcement takes possession of your property.

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The Kinds of Claims You Can Raise in A Habeas Petition

When you file a Petition for a Writ of Habeas Corpus you are challenging the legality of criminal convictions based on various types of constitutional claims. In other words, you are arguing that you shouldn't have been convicted because something illegal happened.

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Threats of Death or Bodily Injury to A Person or Member of His Family in Virginia

In a moment of rage, we sometimes say things we don't quite mean, like: I will kill you! There's a difference, though, in actually saying it and meaning it. Even if you didn't mean it though, you may still find yourself in trouble with the law.

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Understanding DUI Field Sobriety Tests in Virginia

In Virginia, when you are pulled over under the suspicion of driving under the influence of alcohol or drugs, an officer cannot arrest you unless there is probable cause. Reasonable suspicion is enough to pull you over but not enough to arrest you.

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How Do I Get My Firearm Rights Restored?

The Second Amendment guarantees that "the right of the people to keep and bear Arms, shall not be infringed.” However, one of the serious consequences of being a convicted felon is that you lose your gun rights. It does not matter that it was your first felony or that the felony was a minor one. If you have a felony on your record, it is illegal for you to possess a firearm.

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How Can I Have a Charge Expunged in Virginia?

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.

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