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Questions Answered by Jennifer Alettia French
2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord serve a 60 day notice and after 20 days issue a 5 day pay or quit notice in Roanoke Virginia.

Lease expired in May now it is month to month but no new lease since May the problem occurred because rent is owed for September and for October. The 5 day notice says that after 5 days he can take possession of house and anything in it.

Jennifer Alettia French
Jennifer Alettia French
answered on Oct 7, 2022

When you fail to pay rent the landlord serves you with a written 5 day pay or quit notice in the first step towards an eviction. If rent is not paid within 5 days, the landlord then must file a summons for unlawful detainer in the court in which the property resides. Virginia does not permit... View More

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1 Answer | Asked in Traffic Tickets and Juvenile Law for Virginia on
Q: Long story short, unauthorized use of a motor vehicle, speeding ticket, and out of state license

I am a minor, I got a speeding ticket for going 80 in a 35. I have court for that in 2 days from today. Today, I got the cops called on me for Unauthorized use of a motor vehicle. I want to know the punishments that could potentially happen

Jennifer Alettia French
Jennifer Alettia French
answered on Aug 16, 2022

You should seek counsel. 80 in a 35 is not simple speeding but rather reckless driving, a class 1 misdemeanor where the punishment can include jail time.

2 Answers | Asked in DUI / DWI for Virginia on
Q: Would it be a 3rd DWI within 10yrs if one offense was 18yrs ago in 2004?

I was arrested for 3rd DWI within 5-10yrs in Virginia. My 2nd offense was in 2015 and my 1st was 2004 (18yrs ago). Would the charge still be 3rd DWI?

Jennifer Alettia French
Jennifer Alettia French
answered on Aug 3, 2022

This would be a 2nd offense within 5-10 years, a misdemeanor.

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: In Virginia how does one stop a landlord from passing on normal ware and tare expenses?

The lease says the resident shall pay for causing damage. Unethically, the landlord is passing on normal ware and tare expenses to their tenant. Without any contractual basis or notice the landlord added a $50 fee to the rent for repairing the refrigerator. Also, they did not provide an invoice for... View More

Jennifer Alettia French
Jennifer Alettia French
answered on Aug 1, 2022

It depends on how the lease agreement is worded. Usually residential leases are for a specific period of time (a year is standard) with the rent remaining the same for that year. The landlord can not change the rent midlease unless the lease allows for it to be unilaterally changed during the term... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I’m now a chp holder, I’m worried if I ever have to use self defense that my Facebook isn’t flattering what do I do?

I hear prosecutors will do anything to hold you accountable for a criminal violating my rights and threaten my life and go as far as using my Facebook to prove that I’m not a perfect example of what a human specimen is supposed to be instead of focusing on the career criminal makes me more... View More

Jennifer Alettia French
Jennifer Alettia French
answered on Jul 28, 2022

Self defense in Virginia is a complex affirmative defense. The facts surrounding the incident will be paramount in whether or not such a defense is successful. Social media posts might be detrimental to such a defense if they show that the actions taken were potentially planned in advance, or a... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I am on probation in VA but have a pending case against me in GA. Who has jurisdiction.

If I go to court in ga and get jail time can they force me to break probation in VA?

Jennifer Alettia French
Jennifer Alettia French
answered on Jul 25, 2022

Are you asking about a probation restriction to travel out of state? If so, you can request permission from probation to leave the state.

1 Answer | Asked in Criminal Law for Virginia on
Q: So I got An assault, and battery charge it was 12 years ago, I didn't do any jail time. Can I ever own a gun in Va?

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Jennifer Alettia French
Jennifer Alettia French
answered on Jul 25, 2022

It depends on whether your prior conviction was a misdemeanor or felony, and if it was charged as a domestic assault and battery. If you were convicted of a felony you will need to petition a Circuit Court for the restoration of firearm privileges. If convicted of domestic assault and battery... View More

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