Legal Question in Criminal Law in Virginia
Can a person who committed petty theft in 1959 - 1960 and bought a gun recently for his wife get arrested for parole violation? The crime took place in Orange County, VA and he later went to Maryland to work per his parole officers permission back in the 60s. This person cannot read or write. He was arrested because the gun shop put on the paperwork that he wasn't convicted of a crime. He cannot verify the information because he cannot read the form. The gun shop turned in the documents to the police and they arrested him. He tried to advise the police that he cannot read or write and did not know what the gun shop owner had put on the paper, they didn't want to hear it. He is now in jail and cannot get out until court says. They are saying if convicted he can face life in prison. Is this legal? He has been allowed to vote for many many years. Felons aren't allowed to vote. There is something wrong here.
4 Answers from Attorneys
It doesn't sound like the arrest was for a parole violation. (I have a hard time believing anyone would still be on parole for petty theft 50 years later.) Instead, it was probably for making willfully false statements on the paperwork.
That your friend can't read does not mean he is innocent. If he told the dealer that he had no convictions and the dealer filled out the form accordingly, then your friend made a willfully false statement. You say that he couldn't "verify" what the dealer wrote, but that's only part of the process. The authorities seem to believe he is the source of the misinformation. If that's true, it doesn't matter that he was unable to read the form later.
Making such false statements does not sound like a crime that would justify a life sentence. Does he have more crimes on his record than the one petty theft? If so, that might justify a longer sentence. It probably wouldn't justify a life sentence, but the defendant must be fairly old; the crime could carry a sentence longer than his life expectancy.
Your friend needs to stop talking to the police and get a lawyer -- in that order. He has probably made his situation much worse by talking to them, and talking more is not likely to make it any better.
Edward Hoffman is not licensed to practice law in the Commonwealth
and consequently should not be advising residents of Virginia or other jurisdictions outside of California on legal matters in this or other forums.
This is at least the second time Mr. Hendrickson has faulted me for answering a question from Virginia. LawGuru.com offers general guidance about the law, not specific legal advice. There is no reason why a participating attorney should ignore a question from another state if he knows the correct answer. LawGuru attorneys do this quite often. And I note that Mr. Hendrickson (again) does not claim I answered incorrectly.
It sounds to me like the person probably had a felony in past too. I may be incorrect. It is against the law in Virginia to knowingly and intentionally possess a gun if you had a felony 14 years of age plus. Also, one may not be permitted to obtain again in some cases when protective orders are in place or it is written in some court order. Your friend may have grandfathered out of these situations. Are you certain it was a petit larceny? Attorney Sheryl Shane. Web: www.sherylshanelaw.com.
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