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Virginia Civil Rights Questions & Answers
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)
T. Augustus Claus
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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
T. Augustus Claus
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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

1 Answer | Asked in Civil Rights for Virginia on
Q: Have bill of petitions due 2weeks from Friday against USAA .... in nutshell, they lowballed the crap outta my, almost

like new 97 FordRanger XLT supercab (offered 3562$ had an additional $4450 worth of value in truck cap, slider bed, custom rims and brand new tires (have reciept for tires from 30 Mar 2018) accident was 20 Dec 2018. They intentionally low balled to keep from having to pay for repairs. NADA high... View More

James L. Arrasmith
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answered on Feb 5, 2024

If you believe USAA has unfairly lowballed the value of your 1997 Ford Ranger XLT Supercab and has not adequately compensated you for additional customizations and lack of rental car, you have the right to challenge their valuation and settlement offer. Insurance companies are required to negotiate... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Virginia on
Q: I’m just now finding out about this and all of this is completely wrong and untrue! What can I do?

I was not in attendance during the appeal as my lawyer told me that I wasn’t allowed to be and was notified by phone that the appeal was not honored. I’m sure where this information come from or why the police made such statements but they are completely false! I’m assuming they’re getting... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 18, 2023

Take the appellate decision to an experienced appellate specialist for a review of your options.

1 Answer | Asked in Criminal Law, Civil Rights, Child Support and Family Law for Virginia on
Q: I am needing a strong minded person that can handle this challenge. I have paid my dues and document document document

The Commonwealth of Virginia's data system in the criminal child support and social service system has and is continuously causing havoc chaos nightmare in a loop please help I have documentation that shows my proof

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2023

A Virginia attorney could advise best, but your question remains open for two weeks. It looks like you're seeking an attorney. It could be difficult for attorneys on this site to contact you - the format here isn't set up like a referral service - it's basically limited to Q & A.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Virginia on
Q: If I am to challenge the lawfulness of an arrest in Virginia, is this done during the jury trial or before trial?

My PD claimed we are not to raise motion to suppress/strike/dismiss to challenge an unlawful arrest before trial, but let the jury decide during trial. I quoted §19.2-266.2. Defense objections to be raised before trial; hearing; bill of particulars, yet he still rejected and denied. If I am to... View More

Brian M. Latuga
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Brian M. Latuga
answered on Mar 20, 2023

If it is a challenge to reasonable suspicion, probable cause, or other constitutional challenge then that is a pretrial motion under the statute you cited.

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Virginia on
Q: Property seller violates multiple laws, purchaser has hard evidence, judge ignores. What happened?

Edit:

55.1-1204 Section C says Mr Sternberg is incorrect in his answer. He also says perjury and discrimination against protected classes is "irrelevant". I need someone who cares about those things and the law to answer.

Some points (this box isn't enough for all... View More

Richard Sternberg
Richard Sternberg
answered on Oct 4, 2022

Most of the facts in your question are irrelevant. A contract for land must be in writing or it is void. Depending on where you are, a writing can sometimes be lots of things short of a Purchase and Sale Agreement on the local Board of Realtors form. I think there is one DC case in which a check... View More

1 Answer | Asked in Civil Rights, Family Law and Health Care Law for Virginia on
Q: Is my past mental health evaluation protected by HIPAA PRIVACY RULE or civil rights ; taken without permission and used

After being in relationship 7 years with a registered nurse relationship ended with a 1 year old child . EXTREMELY OBVIOUS that she took my personal mental health evaluation (without my permission) preformed 20 years ago . without shadow of doubt secretly used against me in a 5 year horrific... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Sep 20, 2022

It is not clear that the evaluation was used against you. You could always check the court's file at the clerk's office. A court ordered evaluation could be admissible without an expert witness. Anything else would be hearsay, and the evaluator would likely be required to appear and... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Civil Rights for Virginia on
Q: Can my husband marry a second wife overseas? We are married in Islam as well which he’s allowed to marry 4 wives

But at the same time we are legally married in the us

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Aug 11, 2022

The U.S. Constitution requires each of the 50 states to give full faith and credit to the valid acts of its sister states. There is no such requirement for the actions of other countries, in the absence of a treaty. Instead, the concept of comity controls. Comity allows a state to recognize the... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: If the police tryna make me testify for a jury trial In I don’t want to what can I do

I dont wanna be label a snitch I don’t wanna go to court

Thomas H. Roberts
Thomas H. Roberts
answered on Aug 6, 2022

1st - If your testimony may incriminate you, you have a right to plead the 5th Amendment.

2nd - Living in a society that values trials rather than summary convictions and executions puts a shared responsibility upon citizens to participate in this process. If you have relevant information...
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1 Answer | Asked in Civil Rights for Virginia on
Q: Is every attorney very rude and disrespectful? If so, why. If not, why so?

Why do people in this profession think they can treat a client any way they wish?

They can't act all high and mighty cause even attorneys have made accidents too.

Nobody's perfect. Why are attorneys unprofessional?

Thomas H. Roberts
Thomas H. Roberts
answered on Aug 6, 2022

You may be confusing a straight, direct or blunt answer with rudeness. You state "a client" - if you are actually a client of the attorney, and the working relationship has deteriorated, you may wish to find another attorney. If the problem continues, you may find your answer in the mirror.

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: Can a Mexican hire a USA lawyer to file a civil judgment against a United States citizen in the usa
Thomas H. Roberts
Thomas H. Roberts
answered on Aug 6, 2022

Sure. The suit would have to be filed in a US court having both subject matter jurisdiction and jurisdiction over the defendant. Additionally, the suit should be filed in the proper venue.

The response above is a general statement of law and is NOT intended to be legal advice to you nor...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Construction Law and Landlord - Tenant for Virginia on
Q: How should I proceed to ensure I am not being put out empty handed or because of a lie?

Hello, I'm a single mother of three beautiful small children and, in 04/2020 I began renting a small home 2 bedroom with a agreement that if remained current on my rent payments & on time every month and fixed this uninhabitable home(mold,structural damage,plumbing and electrical repairs... View More

Tim Akpinar
Tim Akpinar
answered on Dec 25, 2021

This is something that an experienced Viriginia landlord-tenant attorney should advise on. But your post remains open for three weeks and describes a heartbreaking situation. Until you are able to go over this with a Virginia attorney knowledgeable on these issues, here are a few resources that... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Virginia on
Q: I pled guilty to a charge under duress now I'm a felon. How can I have my case reexamined?

In 2017 I was brutally assaulted by 6 police officer during a mental health crisis. After I called an officer out for kicking me in the head he charged me with assaulting a police officer. I weighed 115lbs at the time. I was covered in bruises and my wrists were so swollen I couldn't be... View More

Aaron Pomeranz
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Aaron Pomeranz
answered on Oct 15, 2021

Unfortunately, you do not have any appeal avenues regarding the criminal matter available because of the passage of time beyond the deadlines.

If you want to seek possible civil rights claims against the police officers, you need to speak to an attorney that is an expert in those matters to...
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1 Answer | Asked in Criminal Law and Civil Rights for Virginia on
Q: I was a victim of police violence, denied my constitutional rights, falsely arrested for and convicted of a crime

Five officers dragged my face along a parking lot then covered it up by claiming I had a "Nose Bleed". I submitted hard evidence to prove my injuries were NOT from blunt force, but from dragging. Both the Civilian Board, Police Auditor or Internal Affairs did not consider ANY OF MY... View More

Ashley Robinson Winn
Ashley Robinson Winn
answered on Oct 14, 2021

You can file a citizen complaint under Virginia code section 9.1-600. Your attorney should approach the Commonwealth’s attorney about the withholding of exculpatory evidence to see if he or she might reopen the case. This is serious misconduct. Talk with IAD again.

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