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Questions Answered by Mr. Andrew T. Bodoh
1 Answer | Asked in Criminal Law for Virginia on
Q: Can a jurist in a criminal case (murder, rape, etc) be held criminally or civilly liable for a wrongful conviction?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Oct 26, 2014

No. The only potential trouble they an get into is if they do not follow the judge's instructions and are found in contempt of court.

2 Answers | Asked in DUI / DWI for Virginia on
Q: i have dui jury trial in curcuit court if convicted can i appeal the verdict and remain out of jail until a new date?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Oct 26, 2014

If you are in circuit court on a DUI matter, you have no automatic right to an appeal. You can ask the Court of Appeals to hear your case, but that is all. The appeal to the Court of Appeals is not like a new trial. The judge has no obligation to stay your sentence while the appeal is pending, but... View More

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2 Answers | Asked in Personal Injury for Virginia on
Q: What are the steps to filing a lawsuit against a Nursing Home? I have contacted the Ombudsman already

too many details to disclose. Due to failure to report medical problems. Someone that I love is fighting for his life in the Hospital. The family does not want him to return to facility in question

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Oct 26, 2014

That depends on what type of case it is. There is a good chance that one of the requirements will be to get a letter from a doctor in the same field saying that what the defendant did was a breach of the standard of care. Cases like this are difficult for attorneys to prosecute successfully, let... View More

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1 Answer | Asked in Collections for Virginia on
Q: will they send me to jail over a debt

I have a line of credit at my bank in the ammount of 500 dollars im currently not working and unable to pay it they sent me a letter telling me they were going to turn me in to a collection agency.can i go to jail over this?

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Oct 26, 2014

No.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I need to take my landlord to small claims court to get my deposit back. I lost my copy of the lease. What should I do?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Oct 21, 2014

You may be able to subpoena the documents so that he brings them to Court with him, but that is easier if you have an attorney.

1 Answer | Asked in Foreclosure for Virginia on
Q: is a bank required to provide a survey on a property they sell as a foreclosure? Jonesville VA 24263

I bought a foreclosed property from peoples bank, they did not even know the acres and the did not have it surveyed. I thought it was standard practice for banks to have the property they sell surveyed? I know am having issues with neighbors claiming my property is theirs, no one had lived here... View More

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Oct 21, 2014

First, the bank is probably not required to do a survey. Second, with respect to neighbors claiming part of the property, there is a way they can come to own property they did not own if they used it long enough as if they owned it. It may be best to pay for a survey to get the issues resolved. If... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Is a home inspection required to sell a house in Virginia?

In Rocky Mount Virginia

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Oct 21, 2014

The bank lending money may require it, or the buyer may require it, but I am not aware of a law that requires it.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: 20 days after moving out of an apartment I received a bill of 450 dollars for a single Stain on the carpet. Is the apart

20 days after moving out of an apartment I received a bill of 450 dollars for a single Stain on the carpet. Is the apartment managers required to show me a itemized bill showing the cost of the carpet they are replacing, also no where in the contract does it state if a stain is on the carpet they... View More

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Oct 21, 2014

This would be a contract issue, and the law may be different depending on how many places your landlord rents out. Normally it is a question of whether the damage is part of the reasonable wear and tear, which depends on how long you rented the facilities and other factors. Simply put, there is no... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Is a quitclaim Deed on a property actually transferring ownership?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Oct 17, 2014

It transfers whatever interest the person has in the property, even if it is none.

1 Answer | Asked in Civil Rights for Virginia on
Q: Why would a defendant in a Federal Civil rights Action be named as John or Jane Doe?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Oct 17, 2014

Because the plaintiff does not know the name of the real party.

1 Answer | Asked in Probate for Virginia on
Q: What can I do...

a family member had my father to sign a will giving her and her daughter every thing and stating that items I had received from him and mother who is also deceased were only being store at my home and that I must return them per the will. The will was made just 2 days before my father who had only... View More

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Oct 17, 2014

You may be able to challenge the validity of the will. If the amount of the will is significant, you should consider consulting an attorney.

1 Answer | Asked in Legal Malpractice for Virginia on
Q: My Attorney mislead me into believing I had an active PI case when in fact the statute had run out and it was closed.

My attorney has stated for over 1 year that documents had been submitted to include but not limited to a demand letter. Over the last year it's been a struggle to receive updates and clarification. I recently followed up with State Farm and they informed me that my attorney has not provided... View More

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Oct 17, 2014

You may have a claim for legal malpractice. You should consult a litigation attorney.

1 Answer | Asked in Collections for Virginia on
Q: sued by an individual

I am being sued for a debt that I agreed to pay back 10 years ago. Can I dispute this and not have to appear?

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Oct 17, 2014

No, if you dispute this you (or your attorney at least) has to appear.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Three people w interest in land. Can one of them sell land without consent from the others (State of Va)?

Land was deeded to one of the owners. The other two have an interest because their parents died which means their interest passed down to these two people. The one who lives on the property (the one in which the land was deeded to) pays taxes, has spent thousands of dollars to do things which... View More

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Oct 8, 2014

There is a way to resolve the issue, but it takes court action or otherwise selling off only the interest the person has in the land.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: If a guest where I live becomes an unwanted guest can I have them removed or does that only come from landlord?

My landlord is my mother and the unwelcome guest is my brother that does not live there.

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Oct 8, 2014

That depends on what the contract with the landlord says--if there is a contract.

1 Answer | Asked in Contracts for Virginia on
Q: Can I sue a person I made a verbel agreement with about a car I would put in my name

They agreed to pay the payments and insurance and once the car was paid off they suppose to transfer the car in there name they were added to my insurance as a driver and they paid every payment up until they got mad and now they don't want the car...can I sue them for the rest of the amount... View More

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Oct 8, 2014

Maybe, but quite possibly not. Verbal agreements are sometimes legally unenforcible in courts, and a contract has to have mutual obligations or it is a mere gift that is unenforcible.

1 Answer | Asked in Civil Litigation for Virginia on
Q: what is a diversity action?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Oct 8, 2014

The term "a diversity action" refers to particular characteristics a lawsuit has se as to permit it to be heard in federal courts. Under Article III of the U.S. Constitution and U.S. law, Federal Courts only have jurisdiction over cases in certain circumstances. One of those circumstances... View More

1 Answer | Asked in Bankruptcy for Virginia on
Q: I am in the process of a chapter 7 bankruptcy case and have questions about the homestead deed.

In 2008 I filed a homestead deed to stop a garnishment. I was aware that the homestead deed is a once in a lifetime exemption. However, I wanted to used the unused portion in my current bankruptcy. Because this is a once in a lifetime credit, I didn't think it could be filed again. Since I... View More

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Oct 8, 2014

You can file a second (or more) homestead deed so long as the total of the total of the homestead deeds do not exceed the statutory amount. https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+34-4. There is a time limit for filing in a bankruptcy, though--it must be filed within 5 days after the... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Is it legal in Virginia to exclude the complainant in a criminal case along with the witnesses?

I was in Gen'l Dist. Court the other day and the defense asked the judge to sequester the witnesses. I was the complainant/victim, the one who filed charges with the magistrate. The two witnesses for the prosecution and myself were sequestered.

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Oct 8, 2014

Yes. The rules of evidence allow witnesses (including a complainant in a criminal case) to be sequestered as long as they might testify in order to preserve the integrity of their testimony--i.e., so that the testimony is not influenced by the testimony of other witnessed. Parties to the case can... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I was convicted of having counterfeit money, 10 years ago. I plead guilty, no jail, probation only. Could I reopen the

file and get it removed?

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Oct 3, 2014

Almost certainly not.

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