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Virginia Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for Virginia on
Q: What recourse do I have when a charge was dismissed, then directly indicted, then dismissed again?

I have been told the prosecutor has immunity. I lost a year of my life because of her malicious prosecution. Is there anything else I can do?

James L. Arrasmith
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answered on Mar 11, 2024

In cases where a prosecutor has brought charges against you that were subsequently dismissed, it can be difficult to seek recourse due to the doctrine of prosecutorial immunity. However, there are a few potential avenues you could explore:

1. Malicious prosecution lawsuit: While prosecutors...
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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Municipal Law for Virginia on
Q: The city I live in charge $48 for garbage pickup 1t week. I can not opt out but a business can? Is that discrimination

Fee is unreasonable for such service. Are fees regulated anywhere?Also includes brush pickup 1 t week. City many times fails to do? Can I subtract from my bill?

James L. Arrasmith
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answered on Mar 4, 2024

The fees for garbage and brush pickup services, as well as the policies regarding who can opt out, are typically determined by local government regulations. The ability for businesses to opt out of such services while individuals cannot may be based on different service needs or contracts between... View More

1 Answer | Asked in Family Law, Civil Rights, Juvenile Law and Libel & Slander for Virginia on
Q: My 16 yo daughter in NC is thinking about getting emancipated. I live two hours away in VA. Can I fight this?

My daughter lives with her dad in NC for the past 2 years. She lived with me in VA the 6 years prior. She moved there after we had trouble getting along and she got in a fight with her grandmother (my mom), where my daughter was very ugly and my mom slapped her. Child custody agreement states... View More

James L. Arrasmith
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answered on Feb 24, 2024

Navigating the situation involving your daughter's potential emancipation in North Carolina can be complex, especially given the dynamics involving her father, stepmother, and your history. It's crucial to prioritize your daughter's well-being and interests throughout this process.... View More

1 Answer | Asked in Employment Law and Civil Rights for Virginia on
Q: Uber classification of driver is independent contractor Virginia classification is employee, requiring Uber to challenge

The challenge must be with a Virginia agency they never challenged the classification and Virginia allows Uber to treat drivers as independent contractors is this a civil rights violation

James L. Arrasmith
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answered on Feb 24, 2024

The classification of Uber drivers as independent contractors or employees varies depending on the jurisdiction and applicable laws. While Uber may classify drivers as independent contractors in Virginia, the classification may be challenged if it is believed to be in violation of state employment... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for Virginia on
Q: can abingdon regional jail cut a inmate off suboxone cold turkey?
James L. Arrasmith
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answered on Feb 23, 2024

Abingdon Regional Jail may have policies and procedures in place regarding the administration of medications, including controlled substances like Suboxone. However, abruptly discontinuing Suboxone without proper medical supervision and a gradual tapering schedule can pose significant health risks... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Virginia on
Q: Can law enforcement stop you from seeking legal advice during there investigation?

Can law enforcement use the surveillance to harass, intimidate, cause official oppression during their investigation? If they do which rights have they violated? Can law enforcement use surveillance to harass, intimidate, cause official oppression?

James L. Arrasmith
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answered on Jan 27, 2024

Law enforcement cannot legally prevent you from seeking legal advice. Your right to consult with an attorney is protected under the Sixth Amendment, which guarantees the right to counsel in criminal prosecutions. If you're involved in a criminal investigation, you have the right to speak to an... View More

2 Answers | Asked in Civil Rights, Family Law, Civil Litigation and Libel & Slander for Virginia on
Q: Is this grounds for a civil lawsuit for my mother?

My father (ex husband) and his new wife keep sending my mother harassing messages to bring down her self esteem saying she is being monitored and they will cut off her alimony as well as going as far as my mothers church Facebook group to write negative things about my mother. Is this grounds for... View More

James L. Arrasmith
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answered on Dec 23, 2023

In Virginia, the situation your mother is facing with her ex-husband and his new wife sending harassing messages and posting negative comments about her could potentially be grounds for a civil lawsuit. Harassment and defamation (if the statements made are false and damaging to her reputation) are... View More

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1 Answer | Asked in Business Law, Civil Rights and Consumer Law for Virginia on
Q: Can a hotel refuse accommodations because I live in the same county as the hotel?

They state they don't allow county residents to stay at the hotel because of previous issues. I have never had issues with this company though.

T. Augustus Claus
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answered on Dec 14, 2023

In Virginia, a hotel refusing accommodations based on residency within the same county may raise legal questions related to business practices and potential civil rights implications. Generally, businesses have the right to refuse service, but such decisions should not violate anti-discrimination... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Virginia on
Q: Do I have a case against the police department for being put in handcuffs with six guns drawn on me for shooting bbgun?

I was teaching girlfriend how to safely shoot bbgun twords the woods,when someone reported us and even after cooperating and voicing it was only a toy with my hands in air they drew 5 guns one to my head in the middle of the street in broad daylight in front of all my neighbors.

James L. Arrasmith
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answered on Dec 9, 2023

In considering a case against the police department for their response to you shooting a BB gun, several factors need to be evaluated. The police response, including drawing weapons and handcuffing, is typically assessed based on the reasonableness of their actions given the circumstances they... View More

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Landlord - Tenant for Virginia on
Q: Two bro own house . One lives in house, one at the lake Can lake bro come in home whenever no notice Can I trespass him.

Property was inherited from deceased parents. Older bro lives in house, gets his mail there and pays all house hold bills from home. The small bro lives elsewhere for years bu shows up and uses his childhoid key to come in house unannounced and uninvited. The last time he did this we called the... View More

Richard Sternberg
Richard Sternberg
answered on Dec 2, 2023

If one brother wishes exclusive use of the house, then he needs to buy the other brother’s half. Merely paying the bills doesn’t change that both brothers own it. Both brothers may use the undivided whole house. I know of no requirement for notice unless there is a lease in place giving... View More

2 Answers | Asked in Immigration Law, Civil Rights, Divorce and Family Law for Virginia on
Q: Vawa application status

My cousin applied for VAwA application for adjustments of status after being here for more than 13 years.What would you recommend to be done to help after his wide abuse him and threatens to report him to

Immigration

Glendia  Del Evans
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Glendia Del Evans
answered on Dec 12, 2023

Once your cousin's marriage was in good faith, any threats of "reporting" or hurting a non-citizens immigration status is taken very serious by Domestic Relations Courts in Virginia and serious consequences for the U.S. spouse. There are laws that specifically address this issue. It... View More

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2 Answers | Asked in Immigration Law, Civil Rights, Divorce and Family Law for Virginia on
Q: Vawa application status

My cousin applied for VAwA application for adjustments of status after being here for more than 13 years.What would you recommend to be done to help after his wide abuse him and threatens to report him to

Immigration

James L. Arrasmith
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answered on Nov 28, 2023

To assist your cousin with their VAWA (Violence Against Women Act) application status, especially in the context of abuse and threats related to immigration status, there are several steps and considerations to keep in mind:

Legal Assistance: It's crucial to get legal advice from an...
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Q: One parents right get terminated the other gets full custody can the one parent allow the other to see kids

When the parent that's has custody never lets the one that don't see them unsupervised

James L. Arrasmith
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answered on Nov 5, 2023

If one parent's rights have been terminated, legally they would not have any inherent rights to visitation or custody of the children. The parent with full custody has the discretion to allow the other parent to see the children, but this is a personal choice and not a legal obligation. Should... View More

2 Answers | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for Virginia on
Q: I have filed a VA state civil case. I am being stonewalled! At this point...I would like to file it; in federal court.
T. Augustus Claus
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answered on Oct 23, 2023

If you're facing challenges with a civil case in Virginia and are considering moving it to federal court, it's essential to determine whether your case qualifies for federal jurisdiction. To do this, you'll need to file a removal petition, outlining the reasons for the transfer and... View More

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1 Answer | Asked in Civil Rights and Family Law for Virginia on
Q: Can I sue the mother of my child in civil court for non- payment of " agreed " 50% financial assistance of all expense

My child is 32yrs old and never received any support .It was an agreement made in the presence of the lawyer.

T. Augustus Claus
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answered on Oct 19, 2023

In Virginia, if there was a formal agreement made in the presence of a lawyer regarding child support or financial assistance, and it was violated, you might have grounds to take legal action. However, the age of the child and the length of time that has passed could complicate matters. Statute of... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Virginia on
Q: Passenger of car pulled over but no charges pressed can they search passengers and arrest for drug possession?

I was a passenger in a car that was pulled for theft but not reported stolen, owner was reported missing by his father, can the police legally search and/or detain thepassengers or occupants of vehicle and charge the passengers or honestly, could be said to be abducted occupants who were forcefully... View More

James L. Arrasmith
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answered on Oct 15, 2023

In general, if the police have probable cause to believe there is evidence of a crime in a vehicle, they can search the vehicle without a warrant. This can include searching areas accessible to passengers. However, simply being a passenger in a vehicle doesn't automatically give police the... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: The police knowingly questioned a heavily sedated patient and used it against them in court. Hospital/police at fault?

On pure suspicion, an employee suspected drugs were brought into hospital, even tho patient was on fentanyl IV every 6 hrs. The employee physically attacked patient and grabbed paper thinking it was drugs and ran away. Before any discussion, the person thought to have brought it was searched and... View More

James L. Arrasmith
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answered on Oct 15, 2023

From the information provided, there are potential issues with the actions of both the hospital and the police. First, questioning a heavily sedated patient could be a violation of the patient's Fourth Amendment rights against unreasonable searches and seizures, especially if the patient was... View More

1 Answer | Asked in Contracts, Real Estate Law, Civil Rights and Construction Law for Virginia on
Q: If a VA court invalidates a mechanic's lien, does it reset the clock? (90 days)
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answered on Aug 7, 2023

If a Virginia court invalidates a mechanic's lien, it typically does not reset the clock for the 90-day period in which a lien claimant must file their lien. The 90-day period usually starts from the last day of labor or the last day materials were furnished. The court's decision to... View More

Q: I need to talk to someone about a case where an inmate's constitutional rights and due process are being violated. Pleas
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answered on Jul 7, 2023

I'm sorry to hear about the situation. If you believe that an inmate's constitutional rights and due process are being violated, it is important to seek legal assistance from an attorney who specializes in civil rights or criminal defense. They can provide guidance and advice based on the... View More

1 Answer | Asked in Real Estate Law and Civil Rights for Virginia on
Q: Neighbors won't stop trying to use their lawnmower/weedwacker on my property but next to their mail box. Can I stop them

All the mailboxes in my neighborhood are on one side of the street. My neighbors across the street, whose mailbox is on my property, use their mailbox to try to exert weird control over me/my property. They keep trying to mow or weedwack the front of my yard. They also use their mailbox as an... View More

Richard Sternberg
Richard Sternberg
answered on Apr 3, 2023

The answer starts with a title search. I'm willing to guess that the USPS of your neighbors have a recorded easement to the place where the mailbox os located, but the only way to confirm that reliably is a title search. If there is no easement and the mailbox is on your land, you can notify... View More

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