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Questions Answered by Mr. Andrew T. Bodoh
1 Answer | Asked in Criminal Law for Virginia on
Q: I was arrested for drunk in public in VA, but the case was dismissed. Can potential employers ask about the incident?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Feb 21, 2011

There is nothing to preclude employers from asking about the incident, and nothing that protects you from disclosing it if they do. There may be, however, a way to expunge the record, since the case was dismissed.

1 Answer | Asked in Bankruptcy for Virginia on
Q: How many years after you file can you file again
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Feb 20, 2011

If your debts were discharged, you can file again 8 years after you initially filed. If your debts were not discharged, it depends on a few factors.

1 Answer | Asked in Bankruptcy for Virginia on
Q: How do i find out when i filed bankruptcy
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Feb 17, 2011

The easiest thing to do is to get on the website of the bankruptcy court where the bankruptcy was filed, find the telephone number, and call. If you have the case number of the bankruptcy, that may make the process simpler. If you do not hear an option to collect information about past... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Can i be found guilty of public intoxocation on testimony alone
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Feb 17, 2011

Yes. A police officer's testimony alone is often enough for such charges, but that does not mean there are no defenses or ways to impeach the officer's testimony, which could help.

1 Answer | Asked in Criminal Law for Virginia on
Q: Do i need a lwayer and what will punishment be dor code 46.2-722 i am first timer never in trouble
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Feb 15, 2011

Strictly speaking, a lawyer may not be necessary, but it would be advantageous to have one. A lawyer will be able to look at your case, see the options available, and work for the best possible outcome. You may have a defense you do not see, for instance. A lawyer also knows the system and the... View More

1 Answer | Asked in Bankruptcy for Virginia on
Q: My daughter is in debt over 12,000 and recently laid off. Should she hire a bankruptcy lawyer?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Feb 15, 2011

Bankruptcy is a significant decision, so it is certainly best for someone considering it to speak to an attorney first. Many attorneys will provide a free consultation first to help the person decide if it is in his or her best interests.

1 Answer | Asked in Criminal Law for Virginia on
Q: What is the penalty and fine for18.2-388
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Feb 14, 2011

Violations of this statute are a Class 4 misdemeanor, a crime with a penalty of up to a $250 fine.

1 Answer | Asked in Criminal Law for Virginia on
Q: I have an extensive criminal history. Would this automatically stop me from getting a law degree?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Feb 14, 2011

It may affect a law school's decision as to whether to accept you, and it could also affect you ability to get licensed after getting a law degree. You should consider contacting the Virginia State Bar and asking, if that is where you would like to practice.

1 Answer | Asked in Collections for Virginia on
Q: What specific Code of VA deals with failure to honor a promisory note of $60,000?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Feb 10, 2011

There are several statutes that deals with situations like this, depending on the circumstances. If, however, one is looking to sue to enforce the signer's duties under the note, or looking to defend a suit on such a note, the principles governing such a suit are regulated in part by statute... View More

1 Answer | Asked in Family Law for Virginia on
Q: My ex threatened i would not be around to testify against him to his own lawyer. his lawyer turned him in.

His own lawyer turned him in. i have had several protective orders against him, what will they likely do to him.

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Feb 9, 2011

A case like this depends on a number of factors, like the person's criminal history and the circumstances surrounding the statement. If the Commonwealth Attoney believes there is sufficient evidence, they might be charged with a felony, but because the statement was made to the attorney and... View More

1 Answer | Asked in Collections for Virginia on
Q: How long can a debt be collectable?

Debt is from 96. Just starting getting collection calls. Sears reported on my credit report that the debt was 'charged off'

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Feb 9, 2011

Assuming there is a valid debt to begin, the applicable statute of limitations can limit how long a creditor has to collect that debt. The time period set by that statute of limitations depends on a few things, like whether the debt was base on an open account, a written contract, an oral... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: What steps to take if a relative has been charged with forging a prescription? What advice should I give them?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Feb 9, 2011

Legally, only lawyers can give people legal advice. Moreover, the proper advice depends entirely on the facts of the case. The best thing to do often is to encourage a person to obtain a lawyer either privately or a court appointed lawyer if he or she qualifies.

1 Answer | Asked in Family Law for Virginia on
Q: Does a power of attorney remain in effect upon death in VA? There are 2 living sons, 1 residing in the same state.

My cousin held the p.o.a. for mother who suffered from alzheimer's. This made sense as my cousin is a RN and owns a nursing home where my mother resided. I live in MD, 3 hours away and my younger brother lives in VA.

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Feb 9, 2011

No. A power of attorney terminates on the death of the principal pursuant to Va Code § 26-81(A)(1).

1 Answer | Asked in Criminal Law for Virginia on
Q: If I am charged with 2 class one misdemeanors..domestic abuse what can I epect as punishment?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Feb 9, 2011

This depends on a whole host of factors: your prior criminal history, the circumstances of the case, what sort of plea bargain you might work out, etc. The judges follow some complex guidelines (available at http://www.vcsc.virginia.gov/worksheets.htm), but they have some power to vary from them,... View More

1 Answer | Asked in Family Law for Virginia on
Q: Are there forms that i need to sign or me to get emancipated???
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Feb 8, 2011

Emancipation in Virginia is not exactly a simple process. It requires filing a court document called a petition with the juvenile and domestic relations court, various court hearings, possible investigations by Social Services, and ultimately the minor has to show that they are married, in the... View More

1 Answer | Asked in Business Law for Virginia on
Q: What are the VA laws governing healing arts practitioners?

I have a Core energetics 4 year certification and an MSW

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Feb 8, 2011

Most of the professional regulations fall in Title 54.1 of the Virginia code (see http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC5401000). They are broken down by professions there, with several chapters dedicated to the healing arts, as you put it.

1 Answer | Asked in Small Claims for Virginia on
Q: I am a defendant in small claims court being sued by a nonperforming burglar alarm contractor, what should i do?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Feb 8, 2011

This depends on several things. For instance, what is the lawsuit for? If it is the alleged non-payment of a debt, then what does the contract say, or what was agreed? Were the terms of the contract or the agreement met? What evidence do you have of the agreement or the failure to comply with... View More

1 Answer | Asked in Products Liability for Virginia on
Q: I recently was hospitalized for 2nd degree burn injuryto the face by warming a glue; public safety concern. Legal advise

My contention is that even though I did not read the back of the package before use at home, a very serious injury occurred which had the potential of blinding me. What saved me was that I was wearing corrective lenses . I have suffered pain, face de-scarring,immediate post traumatic stress, loss... View More

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Feb 8, 2011

Basically, this sort of situation looks like a product liability claim. Now, claims like this can be difficult, especially in Virginia. First, one has to consider what exactly caused the injury. For instance, was the item defective? If so, how? Was it defective when it was made, or did it... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: An employee embezzled funds from me in 2006, when discovered, said she would pay the funds back. this has not happened.

Is there a statute of limitations on getting her arrested?

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Feb 5, 2011

With acts like embezzlement, there are generally two options: bring the lawsuit to recover the money, or else bring a criminal action against the person and seek restitution. The biggest obstacle is the statute of limitations. Depending on the facts of the case, you may already be precluded from... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Is prostitution unconstitutional?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Feb 3, 2011

No. The Constitution does little to prohibit individual conduct, leaving such prohibitions many up to the states.

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