Legal Question in Criminal Law in Virginia
I was issued a charge of 46.2-722 for having decals that did not belong on my plates on my expired plates? What usually happens in court with this type of case? Should I hire a lawyer?
1 Answer from Attorneys
It is a Class 1 Misdemeanor, with the potential for up to 1 year in jail and a fine of $2,500. Having any misdemeanor on your record is a serious black mark on your record for life, including employment.
With most first-time charges, a convicted person would probably receive a short jail sentence like 30 days or 60 days, with most of it or all of it SUSPENDED.
But this is far worse than people think.
If you make any slip-up during the next year, the entire jail term can automatically be re-imposed. I see it all the time. People get in big trouble because they get a suspended sentence and then run into a problem later. This creates a "snowball effect" and a downward spiral.
The statute depends heavily on "FRAUDULENT INTENT"
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-722
An attorney should be able to defeat the charges if you simply made a mistake.
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