‘Criminal Law’ Category
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Statute of Limitations for Virginia Civil Penalties
0June 4, 2024 by Tom Roberts, Esq.
Statutory Civil Penalties assessed in Virginia, barring any express statute otherwise, have a 1 year statute of limitations, under VA …
keep readingCategory Civil Rights, Criminal Law, Due Process, General, Litigation | Tags: civil penalties in virginia, statute of limitations for civil penalties in Virginia, virginia civil penalties
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Richmond Police Department Stop Black Drivers Disproportionately
0February 14, 2024 by Tom Roberts, Esq.
“Driving While Black” in Richmond City It’s official – “Black drivers have a problem in Richmond, Virginia. Richmond Police Department …
keep readingCategory Civil Rights, Commentary, Criminal Law, General | Tags: Driving While Black, Driving While Black in Richmond City, DWB, Policing in Black Communities, Stephen Jenkins
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Is the Virginia state stalking statute unconstitutional?
0November 11, 2023 by Tom Roberts, Esq.
Is the statute overly broad under the First Amendment, and facially unconstitutional? State stalking statutes unconstitutionally chill speech in violation …
keep readingCategory Civil Rights, Criminal Law, First Amendment, Freedom of Speech and Press, General, Litigation | Tags: 1st amendment attorney, 1st amendment law firm, 1st amendment lawyer, 1st amendment overbreath, 1st amendment overly broad, andre w bodoh, Andrew T. Bodoh, Attorney Andrew Bodoh, defending stalking charge in virginia, defenses to stalking, first amendment attorney, first amendment law firm, first amendment lawyer, overbreath, stalking in virginia, stalking statute, stalking statute in virginia, unconstitutional stalking statute, virginia stalking, virginia stalking statute
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I just want to consult a Virginia lawyer!
0August 24, 2023 by Tom Roberts, Esq.
Zoom Legal Consultation with Virginia Lawyer! Sometimes you just need to speak to a Virginia attorney! You may have called …
keep readingCategory Assault & Battery, Assault & Battery, Civil Rights, Contract Law, Criminal Law, Defamation, Due Process, Employment Law, Excessive Force, False Imprisonment, First Amendment, FOIA, Fourth Amendment, Freedom of Speech and Press, General, Hostile Work Environment, Libel & Slander, Litigation, Negligence, Personal Injury Law, Religious Freedom, Sexual Assault, sexual harassment, Wrongful Death | Tags: consult a personal injury lawyer in virginia, consult a richmond lawyer, consult a virginia civil rights attorney, consult a virginia civil rights lawyer, consult a virginia lawyer, contact a virginia lawyer, how do i reach a virginia lawyer, speak to a virginia lawyer, talk to a personal injury attorney, talk to a personal injury lawyer, talk to a virginia civil rights attorney, talk to a virginia lawyer, virginia lawyer
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BEYOND A REASONABLE DOUBT IN VIRGINIA
0July 25, 2022 by Tom Roberts, Esq.
What is proof beyond a reasonable doubt in Virginia? Must exclude every reasonable hypothesis of innocence and be consistent only …
keep readingCategory Criminal Law | Tags: beyond a reasonable doubt in virginia, reasonable doubt in virginia, standard of proof for conviction in virginia, va beyond a reasonable doubt, virginia beyond a reasonable doubt, virginia civil rights law firm
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How do I get a copy of the search warrant, affidavit and return
0March 4, 2020 by Tom Roberts, Esq.
So, the police have searched your home but didn’t give you a copy of the warrant, the affidavit upon which …
keep readingCategory Civil Rights, Criminal Law, Due Process, Fourth Amendment | Tags: copy of affidavit for search warrant, copy of search warrant, illegal search in virginia, police entered my home without probable cause or a search warrant, search warrant in virginia
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Successful Defense of High Profile Criminal Case – Dinwiddie County
0February 8, 2018 by Tom Roberts, Esq.
February 7, 2018 – Civil rights attorney Tom Roberts successfully defended former Dinwiddie County Deputy Hector Jimenez in a high …
keep readingCategory Civil Rights, Criminal Law | Tags: criminal defense, dinwiddie criminal defense, richmond criminal defense
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Is “floating the title” or “title jumping” legal?
0March 23, 2017 by Tom Roberts, Esq.
Q: Is it lawful to buy a car from one person, obtain the title without filling in the name of …
keep readingCategory Contract Law, Criminal Law | Tags: dmv, flipping a car, flipping a car title, flipping a vehicle, flipping a vehicle title, floating the title, jumping the title, title
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5-6-2016- Election Fraud Criminal Charges Dismissed against Charles City Sheriff Candidate
0May 6, 2016 by Tom Roberts, Esq.
Election Fraud Charges against Charles City County Sheriff Candidate Vance Richards Dismissed. 5-6-2016 Attorney Tom Roberts together with an associate …
keep readingCategory Criminal Law, General | Tags: Anovium, Charles City County Sheriff, David Roberts, Expert Witness David Roberts, Vance Richards
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Virginia Construction Law Firm Explains Construction Fraud
0January 23, 2016 by Tom Roberts, Esq.
What is the difference between construction fraud and breach of contract under Va. Code 18.2-200.1? The Commonwealth must prove 5 …
keep readingCategory Contract Law, Criminal Law | Tags: construction fraud, construction fraud in virginia, construction law firm in virginia, construction litigation, va construction law, virginia construction fraud, virginia construction law firm
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Freaky Friday Halloween Decision – Drink and operate your car radio on your property may result in DUI conviction
0November 3, 2014 by Tom Roberts, Esq.
(See update below) Freaky Friday Halloween Decision by the Virginia Supreme Court. The public is mystified by what it considers …
keep readingCategory Criminal Law, General | Tags: Chesterfield DUI, DUI, DWI, Henrico DUI, Powhatan DUI, Richmond DUI
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Overview of Special Grand Jury In Virginia
0December 11, 2013 by Tom Roberts, Esq.
SPECIAL GRAND JURIES IN VIRGINIA Special grand juries have substantial power to conduct an investigation and limited power to return …
keep readingCategory Civil Rights, Criminal Law | Tags: 19.2-213, grand juries in virginia, overview of special grand jury in virginia, special grand jury in virginia, va overview of special grand jury, va special grand jury, virginia law on special grand jury, virginia special grand juries, virginia special grand jury
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Can the police search my vehicle without a warrant?
0October 17, 2013 by Tom Roberts, Esq.
En Español Q. Can the police search my car without a warrant? A. Yes, if the car is readily mobile …
keep readingCategory Criminal Law, Fourth Amendment | Tags: can the police search my car without a warrant, search auto without warrant, search car without warrant, warrantless search of car, warrantless search of vehicle
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Can I be convicted for republishing information related to matters of public concern where the information was illegally obtained by a stranger?
0October 6, 2013 by Tom Roberts, Esq.
Q. Can I be properly convicted for republishing information related to matters of public concern where the information was illegally …
keep readingCategory Civil Rights, Criminal Law, Freedom of Speech and Press | Tags:
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Can I keep my handgun or firearm in the secured but unlocked glove box or console of my car in Virginia?
0July 15, 2013 by Tom Roberts, Esq.
Q. Is it legal to have a handgun or other firearm in the unlocked but secured glove box or console …
keep readingCategory Civil Rights, Criminal Law, False Imprisonment, Fourth Amendment | Tags: concealed weapon in virginia; transporting a firearm in virginia; can i have a handgun in my glove box of my car; can I have a handgun in my console; false imprisonment in virginia; 18.2-308
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Challenging Local Criminal Ordinances In Virginia
0July 8, 2013 by Tom Roberts, Esq.
Challenging Local Criminal Ordinances in Virginia Attacking the Validity of a Local Ordinance – A Good Defense! The best defense …
keep readingCategory Civil Rights, Criminal Law, Due Process, Freedom of Speech and Press, Religious Freedom | Tags: challenging local ordinances in virginia, charged with violation of local virginia ordinance, fighting local ordinances, how do i challenge a local ordinance in virginia, virginia local ordinance, what do i do if charged with violation of a local ordinance in virginia
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Can I sue the prosecutor or the Commonwealth Attorney?
0August 27, 2012 by Tom Roberts, Esq.
Question: Can I sue the prosecutor or Commonwealth Attorney for malicious prosecution? Answer: Probably Not. Explanation: In Andrews v. Ring, …
keep readingCategory Civil Rights, Criminal Law | Tags: absolute immunity of prosecutor, defamation by prosecutor, sue the prosecutor
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Should I have my criminal or civil case tried by a judge or a jury?
0February 26, 2012 by Tom Roberts, Esq.
There are many factors that may impact your decision to have your case tried by a judge or jury. Some …
keep readingCategory Criminal Law, General | Tags: jury trial, trial by judge
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“Exculpatory Evidence” – Does the prosecutor have a duty to disclose information which is favorable to the accused tending to negate this guilt or show that he is innocent?
0February 26, 2012 by Tom Roberts, Esq.
With respect to evidence and witnesses, the prosecutor has responsibilities different from those of a lawyer in private practice: the …
keep readingCategory Criminal Law | Tags: Exculpatory Evidence, Prosecutor's Duty
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Can I be tried twice for the same or similar charge?
0February 26, 2012 by Tom Roberts, Esq.
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same (or similar) charges …
keep readingCategory Criminal Law | Tags: double jeopardy
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Do I have a right to a trial by jury?
0February 26, 2012 by Tom Roberts, Esq.
Generally speaking, criminal defendants may demand a jury for all serious crimes and have their case tried by a jury …
keep readingCategory Criminal Law, General | Tags: jury, right to jury trial
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What right do I have to confront my accuser?
0February 26, 2012 by Tom Roberts, Esq.
In a criminal case, a defendant cannot be deprived of the opportunity to put his evidence and version of the …
keep readingCategory Criminal Law | Tags: confront accuser, face my accuser
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What are the penalties for misdemeanor convictions?
0February 26, 2012 by Tom Roberts, Esq.
§ 18.2-11. Punishment for conviction of misdemeanor. The authorized punishments for conviction of a misdemeanor are: (a) For Class 1 …
keep readingCategory Criminal Law | Tags: penalties for misdemeanors in Virginia
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What are the penalties for felony convictions?
0February 26, 2012 by Tom Roberts, Esq.
§ 18.2-10. Punishment for conviction of felony; penalty. The authorized punishments for conviction of a felony are: (a) For Class …
keep readingCategory Criminal Law | Tags: penalties for felonies in Virginia
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What are my rights to a speedy trial in Virginia?
0February 25, 2012 by Tom Roberts, Esq.
Code § 19.2-243, the speedy trial statute, provides that if a defendant accused of a felony is continuously held in …
keep readingCategory Civil Rights, Criminal Law | Tags: speedy trial in virginia
