The Law Office of Susan E. Allen, Attorney at Law, PLLC The Law Office of Susan E. Allen, Attorney at Law, PLLC 2026-04-06T13:48:38Z https://www.susanallenlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1301877/2020/04/cropped-ID-32x32.jpg On Behalf of The Law Office of Susan E. Allen, Attorney at Law, PLLC <![CDATA[How long does gun rights restoration take in Virginia?]]> https://www.susanallenlaw.com/?p=47315 2026-04-01T13:49:22Z 2026-04-06T13:48:38Z It usually takes several months, not weeks The process usually takes anywhere from six months to a year because you must complete two separate steps in sequence. You must first restore your civil rights through the Governor. That review alone can take several months, depending on application volume and processing time. Only after you receive that approval can you file a petition in the circuit court to restore your firearm rights. Once you file, you must wait for the court to schedule and hear your case. Since the court cannot act until the first step finishes, the overall timeline reflects both stages stacked together, not running at the same time.

Delays often come from paperwork and scheduling

Paperwork errors and court scheduling often slow the process down. If you submit incomplete information or fail to include required documentation, you may face additional review time or rejection that forces you to correct and resubmit. Even when you file everything properly, you must still wait for the court to place your petition on its docket and schedule a hearing. That timing depends on how busy the court is when you file.

Do not let the timeline discourage you

The process takes time, but waiting to start will not make it move faster. If you want to restore your gun rights in Virginia, you can speak with a criminal defense attorney who understands the steps involved and can help you prepare a complete petition from the outset. They can help you reduce avoidable delays and give you a clearer sense of what to expect.]]> On Behalf of The Law Office of Susan E. Allen, Attorney at Law, PLLC <![CDATA[How to face an unauthorized travel probation violation]]> https://www.susanallenlaw.com/?p=47314 2025-12-31T06:54:17Z 2026-01-05T06:53:57Z The immediate danger of unauthorized travel Probation is a less severe punishment compared to jail time. The courts can allow you to stay at home and maintain employment. However, your suspended sentence comes with strict conditions, and unauthorized travel is one of the easiest to violate. The courts treat a first unauthorized travel as a second technical violation. As a result, the judge can sentence you to a maximum 14-day jail time.

The lack of willfulness defense

But what if your probation violation occurred due to an unforeseen circumstance? Fortunately, you have the chance to defend yourself. You must demonstrate that your violation was not willful or intentional, as the courts can consider this as a mitigating argument. For instance, your parent became hospitalized across state lines, requiring your presence. You need to compile verifiable evidence, such as hospital records, to show that you are not a flight risk and that the trip was for a non-criminal reason.

Your proactive next steps

Upon receiving a notice of hearing, being proactive is key in building a defense. Gather proof, learn more about your rights and resume compliance with your other probation terms. Facing this alone can put you at risk of making unintentional mistakes. Seeking legal counsel can offer guidance on navigating your unique situation. Your freedom is too valuable to leave to chance.]]> On Behalf of The Law Office of Susan E. Allen, Attorney at Law, PLLC <![CDATA[3 ways police officers may violate the rights of suspects]]> https://www.susanallenlaw.com/?p=47310 2025-07-08T07:11:21Z 2025-07-11T07:10:28Z Conducting inappropriate searches If police officers suspect people of criminal activity, they are often eager to find evidence supporting those suspicions. Police officers generally need a warrant, permission or valid probable cause to suspect a vehicle, a private residence or a person's body. Illegal searches are surprisingly common. If defense attorneys can show that officers conducted inappropriate searches, it may be possible to exclude specific evidence from criminal proceedings.

Using excessive force

Police officers sometimes need to use physical force to protect themselves, ensure the safety of the public or prevent someone from fleeing. Officers do have the right to use a reasonable degree of force given the severity of the crime and the likelihood of the person posing an actual threat to others. When police officers escalate a situation by using unnecessary levels of physical force, they may injure people or worse. Excessive force can lead to questions about officer conduct and possibly also litigation in more serious cases.

Violating Miranda rights

Police officers hoping to convince people to confess to a crime often use manipulative interrogation tactics. Police officers can lie to people. They can pretend to care about them when their true intention is to gather evidence. Such conduct is technically legal. However, some officers cross the line and violate people's rights. They may ignore when an individual invokes their right to remain silent or their right to an attorney. If officers continue questioning people despite the attempt to make use of their Miranda rights, those actions could affect the state's case later. Evaluating conduct that may have violated the rights of a defendant could help people establish reasonable criminal defense strategies. People who gather proof of different forms of police misconduct and speak up about it in court can protect themselves and others from the misuse of authority.]]> On Behalf of The Law Office of Susan E. Allen, Attorney at Law, PLLC <![CDATA[Drugs don’t need to be illegal to lead to criminal charges]]> https://www.susanallenlaw.com/?p=47308 2025-04-03T10:21:46Z 2025-04-08T10:21:22Z How do people break the law with prescriptions? There are many different types of controlled substances or prescription drugs. They are subject to medical oversight because they pose a risk of medical harm or abuse. The government actually schedules these drugs to classify them based on overall risk. The lower the schedule number, the more dangerous the drug is. Those facing prescription drug charges may face variable penalties depending on the type of drug, the amount of the drug and other factors, such as their criminal record. Only those who have current prescriptions from licensed health care professionals can possess and consume prescribed drugs. They typically have to do so in accordance with the doctor’s instructions and have to obtain the medication from a regulated source. People who source their medication from unregulated providers due to the end of a prescription or insurance issues could be at risk of prosecution. Those with leftover medication after completing a drug regimen could also put themselves at risk of prosecution if they give or sell their medication to other people. The act of transferring medication, even without any financial compensation, constitutes a serious drug offense. Even driving after consuming prescription medication could lead to criminal prosecution. The state could accuse the patient of impaired driving. Anyone facing drug-related criminal charges likely needs help responding, and that’s okay. Developing a reasonable defense strategy can help those facing drug charges avoid a conviction or limit the fallout of the accusations that they face.]]> On Behalf of The Law Office of Susan E. Allen, Attorney at Law, PLLC <![CDATA[What is “organized retail theft” under Virginia law?]]> https://www.susanallenlaw.com/?p=47307 2025-01-06T06:22:27Z 2025-01-09T06:22:04Z In recent years, retail theft has become a much more serious and costly issue for stores of all sizes – from small local shops to national “big box” chains and everything in between. It has also become considerably more organized, destructive and violent.  Many states, including Virginia, have amended and strengthened their theft laws to address organized retail theft. That can mean serious consequences for anyone who gets involved in one of these robberies – even if they were just responding to a social media post calling people to gather at a particular site.

Who can be charged with organized retail theft?

There are a lot of people involved in one stage or another of organized retail theft – from the planning to the thefts themselves to knowingly purchasing stolen goods. Virginia’s law seeks to penalize those involved in organized retail thefts by focusing not on individual thefts but on multiple thefts involving the same people. The law states that any person “who conspires or acts in concert with another person to commit simple larceny of retail property from one or more retail mercantile establishments, with a value exceeding $5,000 aggregated over a 90-day period” is committing organized retail theft. This includes anyone who is an “organizer, supervisor, financier, leader, or manager” of retail theft as well as anyone who receives items taken in one of these thefts “while knowing or having reasonable grounds to believe the property was unlawfully obtained.”

These thefts can lead to other charges as well

Organized retail theft in Virginia is a Class 3 felony. That doesn’t include the charges a person could face for property damage that occurs during a theft or any injuries or fatalities that may occur. It’s not always obvious to law enforcement just who played what role in a destructive, violent retail theft where multiple people descend upon a store. That’s why it’s critical if you are facing charges related to one or more of these thefts to get experienced legal guidance to protect your rights and make your case to authorities.]]> On Behalf of The Law Office of Susan E. Allen, Attorney at Law, PLLC <![CDATA[3 common probation violations in Virginia]]> https://www.susanallenlaw.com/?p=47305 2024-10-07T10:37:31Z 2024-10-10T15:17:49Z Failure to obtain or keep a job One of the top requirements of probation is to maintain gainful employment.  Sometimes, those with a recent conviction on their record may struggle to obtain job opportunities. Some people lose their jobs specifically because of criminal convictions. Others may have a hard time acquiring or keeping a job following a conviction. People on probation who lose their jobs and do not obtain new employment quickly might be vulnerable to additional penalties.

Impairment caused by drugs or alcohol

Frequently, probation restrictions include limitations on the consumption of alcohol if alcohol may affect someone's employment or played a role in their previous criminal incident. Probation also usually includes a prohibition on the consumption of controlled substances. Anyone who shows up to a probation meeting while under the influence or who gets arrested for intoxication may face allegations of a probation violation because of their chemical impairment.

Failing to obtain housing or submit to an inspection

Maintaining a stable residence is a standard component of probation. Those on probation need to provide their probation officers with the address where they intend to stay and must provide notice if they need to move for any reason while they are still on probation. Additionally, they may need to submit to an inspection of the premises to ensure it meets certain standards. Those who cannot obtain consistent housing or who refused to grant a state agent access to their residence may have violated the terms of their probation. Those accused of violating probation may have to go back to criminal court. Understanding the restrictions imposed during probation can help people avoid incarceration and other penalties triggered by oversights or mistakes related to this process.]]> On Behalf of The Law Office of Susan E. Allen, Attorney at Law, PLLC <![CDATA[Who is eligible for an expungement in Virginia?]]> https://www.susanallenlaw.com/?p=47304 2024-07-09T10:25:26Z 2024-07-12T10:25:16Z Virginia has strict expungement rules In some states, it is possible for those convicted of misdemeanors and even felonies to remove the record of their prior offense. Virginia's expungement rules are less lenient than the laws in many other states. In Virginia, expungement only applies to arrest records or criminal charges that led to a dismissed case or an acquittal. The state does not expunge records of a criminal conviction. Even if someone always maintained their innocence, a guilty plea or conviction at trial prevents them from removing or sealing the record of their prior criminal offense. Those arrested by the police but never charged with a crime can expunge the record of their arrest. They can ask the courts to seal the record so that it doesn't show up when employers or other parties perform background checks. If someone took their case to trial, only to have the courts dismiss the charges against them, they could potentially expunge the record of their arrest and the state records of the charges they faced. The same could potentially be true in cases where the courts eventually acquit someone or find them not guilty of the charge. The expungement process in Virginia is complex, and small oversights can reduce someone's chances of success. Having appropriate assistance when pursuing an expungement can improve someone's chances of success. Those who understand when expungement is available can limit the impact a prior mistake or misunderstanding can have on their future.]]> On Behalf of The Law Office of Susan E. Allen, Attorney at Law, PLLC <![CDATA[How prosecutors work to prove constructive possession of drugs]]> https://www.susanallenlaw.com/?p=47303 2024-04-05T05:48:20Z 2024-04-10T05:48:04Z There are two components to constructive possession Generally speaking, Virginia prosecutors need to convince the courts of two key details to successfully convict someone of an offense involving constructive possession of drugs. The first is that the person accused must have been aware of the drugs. The second is that they must have had a degree of control over them. If prosecutors cannot meet those two criteria, then the courts may dismiss the charges or a jury may acquit someone accused of a drug possession offense.

How does the state choose who to charge?

Constructive possession charges may arise in scenarios where there are multiple people present and all of them deny having knowledge of the drugs that police officers find. The state might pursue charges against someone because of their prior criminal record if someone present has a history of drug violations. An individual's proximity to the drugs could also be a consideration in some cases. Other times, the state brings charges against the person renting a property or the owner of a home. Someone driving a vehicle could also be the party blamed even though their passengers may have been the ones to possess those drugs, or the owner of the car could be the person accused. Anyone who is accused of a constructive possession drug charge in Virginia may have several options for defending against those allegations. Learning more about the laws and prior court rulings that apply to Virginia drug cases may benefit those facing charges. Defendants who fight back can potentially avoid jail time and other penalties that could change their lives for years to come.]]> On Behalf of The Law Office of Susan E. Allen, Attorney at Law, PLLC <![CDATA[What happens if you violate probation?]]> https://www.susanallenlaw.com/?p=47299 2024-02-01T05:19:06Z 2024-02-06T05:18:41Z
  • Meet with a probation officer regularly
  • Stay away from certain places or people
  • Not committing any additional crimes
  • Undergoing tests for drugs or alcohol
  • Getting a job or enrolling in school
    • If you violate probation, there are several things that can happen. Depending on what you did and your history, the consequences of your probation violation may differ from the consequences another person faces. After you violate probation:
    1. The court may warn you that you were caught
    2. You may have to appear in front of the judge to explain yourself
    3. The judge may decide to give you another chance
    4. The court may add conditions to the terms of your probation
    5. The court may charge you a fine
    6. The judge may extend your probationary period
    7. The court may decide, in some instances, to send you to jail.
    Violating probation is a serious offense because you are losing the trust that the court has placed on you. The court wants you to be free and stay out of trouble, but if you continuously break the rules, it is harder for the court to be lenient with you in the future. Depending on the court, the offenses and your circumstances, the judge may decide to scrap probation altogether and send you to jail to finish your sentence, or even extend it beyond the initial sentence. If you are on probation, it is wise to stay on the right side of the law and follow the conditions of your probation to the letter. Be honest with your probation officer and stay in contact with them. If possible, speak with them more than what the court requires you to. It never hurts to show that you take the punishment seriously. Probation is a privilege, not a right. It is important to understand that so you can stay on the right side of the law by fulfilling the requirements of your probation, remaining in contact with your probation officer, contacting them if you have questions at all, letting them know if there is something you want to do that might be seen as a violation and staying out of trouble.  ]]>         On Behalf of The Law Office of Susan E. Allen, Attorney at Law, PLLC <![CDATA[How can someone accused of a drug offense avoid conviction?]]> https://www.susanallenlaw.com/?p=47296 2023-10-09T07:00:45Z 2023-10-12T08:56:43Z Crafting a solid a criminal defense strategy It is possible for people to fight pending criminal charges even when the state claims to have evidence. Sometimes, an attorney can exclude certain evidence from a criminal trial because police officers violated the law when gathering it. Other times, it may be possible to raise a reasonable doubt about whether someone actually possessed the drugs that police found or whether they may have belonged to someone else. Numerous different strategies can help those accused of a drug offense win a criminal trial, thereby completely avoiding a conviction and the risk of criminal penalties.

    Seeking pretrial diversion

    Virginia offers adult drug treatment courts as an alternative to criminal court in some circumstances. Those accused of certain types of drug violations who can establish that their criminal arrest relates to a substance abuse issue may be eligible for alternative court proceedings. The adult drug treatment courts offer careful supervision and require that someone undergo treatment. Frequent meetings with court officials, randomized drug testing and counseling services all combine to help people pursue, achieve and maintain sobriety. While drug court is not always effective and not everyone completes it successfully, it is a viable option for some defendants. Successfully completing drug court means that someone avoids a criminal record and criminal penalties. Determining the best way to respond to drug charges to more effectively mitigate the risk of having a lifetime drug charge on one’s record usually requires a careful review of the state's case and the specific charges that someone faces with the assistance of a skilled attorney.]]>