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1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Virginia on
Q: Is it legal to have a sexual relationship when both are minors?
James L. Arrasmith
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answered on Apr 6, 2024

In general, sexual activity between minors may be illegal even if both parties consent, as they are below the legal age of consent. There are sometimes "close-in-age exemptions" that reduce or eliminate criminal charges if both parties are close in age, but the specifics depend on local... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Juvenile Law for Virginia on
Q: Can I get in trouble for talking to someone I shouldn't be talking to because they're threatening to call the police?

due to the fact that their parents don't like me spending time with them

James L. Arrasmith
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answered on Apr 4, 2024

It's important to understand that the specific legal consequences, if any, would depend on the details of the situation and the laws where you live. However, here are a few key points to consider:

1. Age of the individuals involved: If you and the person you're communicating with...
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1 Answer | Asked in Employment Law and Immigration Law for Virginia on
Q: Should I leave country while I apply for change of status from H1B to F2 ?

Hi .Good Afternoon. My H1B is approved recently and my grace period is started on 1st of March 2024 . Based on the 60 days rule my grace period ends on April 30 ,2024 .I am still finding job and project to keep my H1b status active . I was on “F2 visa” status before so in case if I have to... View More

James L. Arrasmith
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answered on Apr 3, 2024

In this situation, you may not need to leave the country to change your status from H1B to F2. You can file for a change of status (COS) within the U.S. before your 60-day grace period ends on April 30, 2024. Here are some important points to consider:

1. File Form I-539: To change your...
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2 Answers | Asked in Traffic Tickets for Virginia on
Q: Can I take an online driver course at 19 to offset demerit points for 60mph in a 45 if my prior driving history is clean
David G. Parker
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answered on Apr 3, 2024

Attending a DMV-approved driver improvement clinic voluntarily may result in you being awarded 5 safe driving points. This can be done once every two years. When you enroll you should be able to provide your reason for attending the clinic; if it's entered into the system as being done... View More

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1 Answer | Asked in Criminal Law for Virginia on
Q: I was wondering if a cop is allowed to search a locked container, glove box, and trunk if I was pulled over. I’m in VA.

I was just curious as to if a cop can search glove box, a bag that’s locked, or a container that is also locked without a warrant if I was to be pulled over in a traffic stop. And/or if for some reason they have probable cause to search the vehicle at all would they then be able to search the... View More

David G. Parker
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answered on Apr 2, 2024

The law has allowed warrantless searches of automobiles since the 1920s, as long as probable cause exists to justify the search. The locked status of the containers or compartments of the vehicle shouldn't matter if there's probable cause to justify the search. The inability to readily... View More

1 Answer | Asked in Civil Rights and Juvenile Law for Virginia on
Q: Hi there, my name is Isaac. I'm fifteen years old, and I have some questions for you. Recently, I had a problem with my

Hi there, my name is Isaac. I'm fifteen years old, and I have some questions. Recently, I had a problem with my girlfriend's father because he discovered that I was seeing his daughter. He was upset about this and threatened to call the police and the school to shut me down. As a result,... View More

James L. Arrasmith
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answered on Apr 1, 2024

Hi Isaac, I'm sorry to hear you're dealing with this difficult situation. It sounds very stressful, especially at your age.

A few thoughts:

First, it's important to respect the wishes of your girlfriend's father, even if you disagree with them. Continuing to see...
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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Last year my landlord raised my rent without giving proper notice per my lease. Can I sue to recover these funds?
James L. Arrasmith
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answered on Apr 1, 2024

I'm sorry to hear about your rent being raised without proper notice. That must be a frustrating situation. Since landlord-tenant laws can vary significantly by location, my top recommendation would be to consult with a local tenants rights organization or housing attorney to get advice... View More

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Need info concerning flooding in our apartment. 4 times not livable for several weeks. Not repaired

Management has been here and assessed the problem but have not done anything to fix it. Carpet is damaged. My wife is gaging from the musty air and oder. This is the 4th time this happened. This happens when it rains. We cannot use the kitchen or living room due to furniture being piled up .

James L. Arrasmith
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answered on Mar 31, 2024

I'm sorry to hear about the repeated flooding issues in your apartment and the negative impact it's having on your living conditions and your wife's health. Based on the information you've provided, it seems that your landlord or property management company has been negligent in... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What can I do when my utility bill is way too high and the apartment complex is overcharging us for the water bill.

We already have spoken to the regional property manager they sent a maintenance tech say it was off and it's not calculating correctly. We are not the only tenant being overcharged we have spoken to other tenants who are getting overcharged as well.

James L. Arrasmith
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answered on Mar 31, 2024

If you and other tenants believe that your apartment complex is overcharging for water bills, there are several steps you can take to address the issue:

1. Document the problem: Keep records of your water bills, including the amounts charged and any communication with the property manager...
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1 Answer | Asked in Employment Law, Contracts and Tax Law for Virginia on
Q: Concern pertaining to 1099-NEC: total non-employee compensation amount

In a situation where you are a transportation lessor (one truck, tractor) and all expenses are deducted from the gross by the lessee (transportation company) before you receive revenue.

Does the lessee typically write off those expenses?

I received a 1099-NEC accounting for the... View More

James L. Arrasmith
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answered on Mar 29, 2024

When you're working as a transportation lessor, it's common to encounter complex arrangements regarding payments, expenses, and tax reporting. The situation you've described, where the lessee deducts expenses from the gross amount before issuing your net pay, does raise some... View More

1 Answer | Asked in Contracts, Civil Rights and Landlord - Tenant for Virginia on
Q: So me and my girlfriend and her autistic son rent a 2 bedroom apartment and my landlord is not doing her job

She has accused us being too loud, taking pictures of people doing shady stuff, she has given us a 14 day notice of eviction twice and taken it back like she didn't do it in the first place, accusations of popping peoples tires, playing in glass (we don't and have never done any of this)... View More

James L. Arrasmith
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answered on Mar 27, 2024

Your feelings of frustration and unfair treatment in this situation are completely understandable. Landlords are expected to adhere to a professional and ethical standard, which includes treating all tenants fairly, regardless of personal relationships. Favoritism, baseless accusations, and issuing... View More

1 Answer | Asked in Business Formation, Business Law and Cannabis & Marijuana Law for Virginia on
Q: Who gets the charges, the owner of the business or the manager for selling Cannabis in Virginia?

In a smoke shop business in Virginia, Who gets the charge or be taken to court for selling cannabis, the business owner the manager?

James L. Arrasmith
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answered on Mar 26, 2024

In Virginia, both the sale and possession with the intent to distribute marijuana carry legal consequences, which can impact both business owners and managers depending on their involvement. The law does not differentiate based on position within a company; rather, it looks at the individual's... View More

1 Answer | Asked in Civil Litigation for Virginia on
Q: How much notice do the courts have to give me if summoning me from another state?

I received papers on March 18 saying I have to be in court in another state on the March 28. Am I expected to get there with 10 days notice ?

James L. Arrasmith
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answered on Mar 22, 2024

The amount of notice required when being summoned to court from another state can vary based on the type of case and the specific laws of the state where the court is located. Generally, courts are supposed to provide reasonable notice for individuals to prepare and travel for the appearance. Ten... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Virginia on
Q: Wife petitioned for custody/spousal support after a separation agreement was signed waiving these, what happens next

We separated in December, and signed a property settlement agreement with joint legal custody, her having the kids every other weekend, and we both waived any and all spousal and child support payments. Today I received summonses from the court indicating she has petitioned for custody and... View More

Jordan A. Fanney
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answered on Mar 22, 2024

For valid agreements involving property distribution and spousal support, the court cannot enter an order inconsistent with those terms of the agreement. The same is not true for custody and child support, which is subject to the best interests of the child. Sometimes parties wish to file for... View More

2 Answers | Asked in Traffic Tickets for Virginia on
Q: Will I get in trouble for accidentally passing a school bus?

Hello,

This morning I was driving to work and a school bus pulled out in front of me and I quickly switched to the next lane over. The reason I’m concerned is because as soon as the bus pulled out they were slowly moving and I didn’t realize they were about to stop again. I’m not... View More

David G. Parker
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answered on Mar 22, 2024

There are two Virginia statutes governing the passing of a school bus. They both discuss a vehicle "approaching" a stopped school bus and require that the school bus actually be stopped when it is passed. The statutes do not appear to apply to the situation you have described; this, as... View More

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2 Answers | Asked in Traffic Tickets for Virginia on
Q: Will I get in trouble for accidentally passing a school bus?

Hello,

This morning I was driving to work and a school bus pulled out in front of me and I quickly switched to the next lane over. The reason I’m concerned is because as soon as the bus pulled out they were slowly moving and I didn’t realize they were about to stop again. I’m not... View More

Jessica Greenberg
Jessica Greenberg
answered on Apr 15, 2024

Whether you get a ticket will largely depend on 1) if the bus driver noted you, felt you were passing them and reported you, and 2) if the bus had video cameras (the distribution of those cameras is very sporadic). This is a tough one, because the judges take it very seriously in light of the risk... View More

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: The bus was pulled off the side of the road to right of lane edge solid white line and not on "any highway," Violation?
David G. Parker
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answered on Mar 20, 2024

The Code of Virginia (specifically, Title 46.2, which governs most traffic matters) defines "highway", "roadway", and "shoulder" separately. That being said, there are times when traffic rules will apply to vehicles on the shoulder. For instance, Section 46.2-888,... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: What do I do if I was found guilty for speeding but in the court database states stated I was guilty absentina?

In Virginia I did go to court for citation just infraction speeding 54 on a 35. I have a super clean record as well, nothing on it was hoping I get a break. Cop did not ask typical questions like where are you going why are you almost going criminal speed. He was super quick on giving me a ticket.... View More

David G. Parker
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answered on Mar 18, 2024

If you were present then you should not be found guilty in absentia or be asked to pay the associated in absentia fee ($35 last I checked). Check with the clerk's office for the court in which your case was called to see if there's anything you can do. It's possible that the clerk... View More

1 Answer | Asked in Appeals / Appellate Law and Elder Law for Virginia on
Q: I'm in urgent need of assistance concerning an unfair discharge from an assisted living facility within 5 days.

I'm an assistant living facility resident with an auxiliary grant being unfairly discharged because the facility was cited for exceeding its licensed capacity and had to get back into compliance. When I became a resident, it put the facility at its capacity. I filed an appeal with VDSS but... View More

Tim Akpinar
Tim Akpinar
answered on Mar 16, 2024

A Virginia attorney could advise best, but your question remains open for a week. I'm sorry that you have been placed into this predicament. Legal Aid comes to mind, but you are already in contact with them regarding your appeal. You could reach out to local and state bar associations to ask... View More

1 Answer | Asked in Products Liability and Personal Injury for Virginia on
Q: The power lift gate hit my head and I’ve suffered a traumatic brain injury from this and this happened almost a year ago

Is this a mechanical issue? This injury changed my life.

Tim Akpinar
Tim Akpinar
answered on Mar 16, 2024

A Virginia attorney could advise best, but your question remains open for a week. I'm sorry about your terrible accident and injury. To answer your question, it could be a mechanical issue. That could mean that it involves a manufacturing or design defect. It could also be a maintenance issue,... View More

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