Questions Answered by Daniel P Leavitt

Q: I bought a car, gave part of the $ then & rest with taxes & lady hold the title! Ex roommate went & paid the rest &

2 Answers | Asked in Criminal Law and Civil Litigation for Virginia on
Answered on Mar 15, 2019
Daniel P Leavitt's answer
If you are alleging that somebody just stole your money then you should talk to the police where this happened. Good luck. Question needs revision and explanation. But it seems like more of a civil case. However if that's what you're saying is that somebody actually just outright stole your money which is hard to believe, then talk to the police in the location where this happened.

Q: Both my gf and I told the police it didnt happen the way they were saying that night, got charged, now what do I do?

1 Answer | Asked in Criminal Law for Virginia on
Answered on Mar 12, 2019
Daniel P Leavitt's answer
Both of you should talk to separate lawyers who can advise you.

Q: My case was appealed J&DR TO CIRCUIT COURT WHERE IT WAS TAKEN UNDER ADVISEMENT.

1 Answer | Asked in Criminal Law for Virginia on
Answered on Mar 9, 2019
Daniel P Leavitt's answer
You should be able to access the file. The online system only goes back to 2000 or so. They should be archived somewhere in Henrico. Call the court and they should be able to help you.

Q: How long are circuit court case proceedings and final case dispositions kept in va?

3 Answers | Asked in Criminal Law for Virginia on
Answered on Mar 9, 2019
Daniel P Leavitt's answer
Not sure what you are getting at. You can go online and locate the information usually in the online court database. Records of convictions are kept a long time. I was able to locate a felony conviction from the 70's for a restoration of rights case.

Q: If you have a reckless driving violataion can you go to online driving school or does it have to be classroom?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Mar 3, 2019
Daniel P Leavitt's answer
Every court is different on their rules. Some courts have specific requirements. Some courts allow online driving school and some don't. You should have been given instructions to follow.

Q: Newly renting, Carpets smell like urine, 2 small babies in house. Owner refuses to replace them. What rights do we have?

1 Answer | Asked in Civil Rights, Real Estate Law and Landlord - Tenant for Virginia on
Answered on Mar 3, 2019
Daniel P Leavitt's answer
Check your rental agreement first and also see if the Virginia Landlord Tenant Agreement covers this situation. It may be something you want to retain a lawyer to investigate further as they can tell you what rights you may or may not have and also your liability if you choose to breach your agreement (assuming that it would be a breach and it may not). It's possible the landlord is breaching but you really should pay a lawyer to investigate or do the work yourself on it.

Q: Officer took my tags for being altered. How can i get them back from dmv in va? No ticket from officer

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Mar 3, 2019
Daniel P Leavitt's answer
If they had a 19 in the year spot how were they expired? If the tags were illegal/altered then I doubt you're getting those back and you must be very grateful that you didn't get charged with a misdemeanor.

Q: What's the best course of action for a reckless driving charge in VA?

1 Answer | Asked in Traffic Tickets and Juvenile Law for Virginia on
Answered on Mar 3, 2019
Daniel P Leavitt's answer
Every court is different on how they treat 92 in a 70. Some courts give jail time, others convict and suspend the license but don't give jail, and many others will reduce with community service/driving school. Talk to an experienced traffic lawyer in the location where the offense was. Once you hit 90 mph cases get exponentially more serious but what they do is up to the court. There may be a legal defense as well. Good luck.

Q: How can Virginiaenforce a tint violation on a traveling outofstate vehicle and getaway with violating the righttopasslaw

1 Answer | Asked in Civil Litigation, Small Claims and Traffic Tickets for Virginia on
Answered on Mar 3, 2019
Daniel P Leavitt's answer
Every driver in the US is required to comply with the individual requirements of each state they enter. When you enter a state you are required to abide by their laws. So if you bring marijuana that is legal to possess and use from one state where it's legal into a state where it's illegal to possess than you subject yourself to liability if you get caught. The same applies to radar detectors (illegal in some states and not others), speed limits (vary among the states), window tints (vary among...

Q: Charges for someone inciting a fight and driving one of the people to fight on the other person's property.

1 Answer | Asked in Criminal Law and Wrongful Death for Virginia on
Answered on Mar 3, 2019
Daniel P Leavitt's answer
It's hard to say on this fact pattern alone. There are certainly fact patterns that can result in both a charge and a conviction if it arises to that level. But it's certainly possible to get charged. Getting charged means there is probable cause which is not a high standard. Getting convicted in a criminal case is guilt beyond all reasonable doubt so it's a much higher legal standard.

Q: Can my vehicle be towed from a private property without notice?

2 Answers | Asked in Land Use & Zoning, Small Claims, Real Estate Law and Landlord - Tenant for Virginia on
Answered on Mar 3, 2019
Daniel P Leavitt's answer
Your rental agreement may say something about this issue but it sounds like they're claiming they did give notice so you would be in a he said/she said situation even if there is regulation requiring notice.

Q: I got a speeding ticket in peterburg,va for going 70 in 40. Can i get My license taking or get jail time ?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Feb 25, 2019
Daniel P Leavitt's answer
Yes. 30 mph over the limit in a 40 zone is a very high speed and both jail and license suspension are possible.

Contact a local lawyer for help on that one.

Q: Eviction

1 Answer | Asked in DUI / DWI for Virginia on
Answered on Feb 25, 2019
Daniel P Leavitt's answer
I don't see any DUI question here the seems to be a landlord tenant issue.

Q: Can my landlord terminate due to a lease violation?

2 Answers | Asked in Landlord - Tenant for Virginia on
Answered on Mar 3, 2019
Daniel P Leavitt's answer
Your lease agreement is going to dictate what happens, and also the Virginia Landlord Tenant Act if it applies. You may want to pay a lawyer to consult over this issue as you may have some rights. But if you breach the agreement by having a pet when no pets are allowed then you face getting evicted due to your breach potentially.

Q: Do I need to clean up trash and yard debris left behind by previous tenants? That's what my landlord wants me to do.

2 Answers | Asked in Landlord - Tenant for Virginia on
Answered on Mar 3, 2019
Daniel P Leavitt's answer
Take pictures at move in and move out. I recently represented clients who were wrongly charged at move out when the landlord tried to keep security deposit money for things that existed before they moved in. Take pictures, and you should follow up with a letter to the landlord with the picture and keep a copy of it explaining those conditions existed prior to you taking possession.

Q: If a landlord in Va does not return your deposit back in the allowed 45 days what is the best course of action forward?

2 Answers | Asked in Landlord - Tenant for Virginia on
Answered on Mar 3, 2019
Daniel P Leavitt's answer
You can sue your landlord if they didn't comply with the lease agreement and/or the VLTA if that applies.

Q: can i get a ticket for crossing over a solid white line?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Feb 17, 2019
Daniel P Leavitt's answer
You're not allowed to change lanes if it's a solid line so you're guilty of it. They may help you if you hire a lawyer.

Q: I was accused of harassment by computer by an individual.

2 Answers | Asked in Criminal Law for Virginia on
Answered on Feb 17, 2019
Daniel P Leavitt's answer
You're asking more of a civil law question. The magistrate can issue a charge if they find probable cause that you committed a crime.

You are entitled to file a discovery motion, which will provide you with statements they're alleging you made plus your criminal record etc.

The warrant will have the probable cause statement filled out by the person accusing you.

Q: 61 year old female with clean driving record. First DUI (in VA). Are exceptions ever made for age/good driver?

2 Answers | Asked in DUI / DWI for Virginia on
Answered on Feb 16, 2019
Daniel P Leavitt's answer
Your outcome will depend on the facts of the case. Typically the bac is the biggest factor but a good driving record helps.

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