Legal Question in Criminal Law in Virginia

My fiance was caught shoplifting under $100 in TN. They were not going to arrest him for that however when they ran his name a warrant pulled up from VA for felony theft. The story behind that is apparently his Aunt filed a report claiming he stole a laptop in 2008 and brought it to her house (which he did not, we know who did; she was angry with my fiance & did this as retaliation). Now TN is holding him until VA comes to get him. He was told by an officer that VA had 10 days & then he was free to go if they didn't come. The Aunt is now deceased, and there is no actual proof my fiance did this, so how can they charge him with it? This is his first offense of this nature (he got in trouble years ago foe fighting) so we're also wondering what might happen if he does get convicted? Any thoughts, facts, advice or reference would be appreciated.

Asked on 8/10/10, 6:42 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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You could send proof to the Commonwealth Attorney's office that filed the

case that their chief witness (the aunt) is now deceased which should result

in the case being dismissed.

Answered on 8/15/10, 7:26 pm

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