Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Daniel P Leavitt
1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Children & I don't want to appear in court. Son admits to overrating to claim dad assaulted him. Do we have to appear?

My son, daughter and I have spoken to Guardian ad litem and explained what occurred. What are our rights that we don't want to go to court?

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2020

If there is a subpoena for you to go to court you must go to court.

1 Answer | Asked in Criminal Law, Animal / Dog Law and Small Claims for Virginia on
Q: Found puppy at work no collar, in rough shape. $600 in vet bills, p.o. charged me w/ larceny and refuse reimbursement.

Ultimately want to regain custody of dog due to previous owners neglect, (also found that she has 4 previous unrelated missing dog posts on fb in the last few years) the puppy was not on their property, had no collar or chip, and was in need of medical attention. I had her 5 weeks and then saw... View More

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2020

You will want to hire a lawyer for the felony charges. Usually those should play out first and then if you are successful in getting those dismissed you may or may not want to talk to a civil lawyer about potential remedies.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My question is, if my name is spelled wrong on the warrant, are there any legal grounds to have it thrown out?
Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 29, 2020

Usually no, especially if your license number is correct and the name is close. But if the license number on the ticket comes back to Tiffany Johnson and the name on the ticket is Michael Smith then you've got a potential defense.

1 Answer | Asked in Traffic Tickets and Juvenile Law for Virginia on
Q: Reckless driving failure to maintain control ticket in Middlesex, VA. What should I do before/expect from JDR court?

I'm 16 and got my license like 3 weeks ago. Was following a cousin down a road i didnt know, speeding ~10/15 over limit and took a turn too fast and crashed. No one was hurt, car was totaled, and sherriffs said they wouldn't have written me up for it but had to call a state trooper (i... View More

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2020

You should have a lawyer represent you to help get it dismissed. Driving school goes both ways. Some judges get mad if you do it before and some don't want the reason as voluntary. A lawyer who goes to that particular court will know the local rules. A good lawyer will know there is a... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My ticket doesn’t have a case number on it?

So I got pulled over for speeding in October and my court hearing date is set for November and I’m trying to pay it online but can’t find my case? The yellow piece of paper the police gave me doesn’t have a case number so I’m down to use only my name and hearing date and time and I’ve... View More

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 21, 2020

I'm not sure why you would ever want to pay a ticket because you're pleading guilty and usually the insurance would cost more eventually than paying the ticket.

I would call a traffic lawyer in that area.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Dmv certified letter requesting I do a driving school months after I paid off a ticket?

I'm a 19 year old male. I was pulled over for speeding back in May, but the officer let me off with a failure to obey a highway sign. I went online and paid it since it was a simple moving violation. However, I recieved a letter in the mail today saying I must complete an 8 hour class or my... View More

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 19, 2020

DMV rules regarding your age and a moving violation. There are different rules for younger drivers.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I have a court hearing for reckless driving (100+) tomorrow with no lawyer. Should I expect to go to jail right there?

Already got the case continued twice due to not having money for a lawyer but still don’t have the money to afford a lawyer. I’ve spoken to lawyers and kind of know jail time is pretty much guaranteed. What should I expect with jail time and my license?

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2020

Every court and every judge is different and at different speeds. 100+ is too general. I've seen people (not my client) get 30 days in jail at 95 mph and I've had clients get no jail at 121 mph. I recommend borrowing money to hire a good lawyer.

2 Answers | Asked in Traffic Tickets for Virginia on
Q: I have a court hearing in less than 3 days for a reckless driving, but no lawyers are responding. What should I do?
Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2020

Maybe rethink how you are reaching out to the lawyers. Every lawyer I know won't hesitate to help with a reckless driving charge. Maybe you're contacting lawyers who don't practice in the court your ticket is in. Make sure the attorney does traffic work and their office address is... View More

View More Answers

1 Answer | Asked in Traffic Tickets for Virginia on
Q: In Virginia,a minor with reckless driving ticket has been told not to appear in court because court has no record of it
Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2020

this is not a question

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Hello, I got a reckless driving ticket 76/45 construction zone, law section 82-1-6-46.2-862(i).

I was driving back from my work, and I needed to get home as soon as possible to take medicine because I felt, I have contacted with sick people at my work. Since I got Ticket, it is not big excuse but I am wondering if I can minimize fines or charge.

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2020

Usually a lawyer can help. 31 mph over the speed limit is a pretty high speed reckless driving but depending on the jurisdiction a lawyer can probably help you. Call the traffic lawyer who practices regularly in the court where you got the ticket.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I have a FTA warrant from 2009 for speeding and I was deployed on the court date. I need to quash the warent, ple no con

citation-j1403tr201101331 Need help quashing the warrent and pay the fine to get my license back in Virgina

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 9, 2020

You will likely need to hire a lawyer who can advise you on the particular court it's in. Generally courts in Virginia don't issue FTA charges unless it's a really high speed. In my experience the military won't let you deploy if you tell them about a charge like that. Either... View More

1 Answer | Asked in Criminal Law, Antitrust and Small Claims for Virginia on
Q: What happens if you're a arrested and the wrong name is on the warrant?

If a police officers charges you with a crime but didn't spell the name on the summons or warrant correctly what happens?

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2020

They will fix it for you if you tell them it's not spelled right.

2 Answers | Asked in Contracts, Criminal Law, Admiralty / Maritime and Federal Crimes for Virginia on
Q: How can I be put under a law that I wasn't charged or sentenced under

I was given a plea bargain in 2003 the law was changed in 2005 which is a harsher punishment

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2020

You can't.

View More Answers

1 Answer | Asked in Criminal Law for Virginia on
Q: I was wondering what’s the best option if a detective wants to talk to me but I can’t afford a lawyer at the moment

Do I remain silent ?

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2020

See if someone can help you retain a lawyer.

2 Answers | Asked in DUI / DWI for Virginia on
Q: I failed a drug test during ASAP- was not told or called back to court. found out months later during call to asap .

found out when i called to get proof I had taken course to take to DMV. When I took VASAP, had no permanent addy and was living with various friends - no car, and no phone. Found out later someone called my dad to say there was a finding (I was 25 at time)- and asked him to have me call them.... View More

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 7, 2020

You just need to own up to it and if there is something outstanding get it taken care of. Hire a lawyer to go with you if possible and let them deal with getting you the best outcome possible. Good luck.

View More Answers

1 Answer | Asked in Traffic Tickets for Virginia on
Q: pulled over, cop chase's passenger who ran. how long am I supposed to sit there and wait for cop not being under arrest?

I got pulled over in va my passenger ran, cop chased passenger, i sit there a few minutes and left because I wasn't under arrest. Is this illegal? How long am I suppose to stay there on a busy highway evening hour traffic? What does the law say in Virginia? They issued warrants for me and... View More

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2020

You can't leave. However don't make any statements to the police as they may have identification issues etc if the passenger ran and they aren't able to identify you.

1 Answer | Asked in Criminal Law for Virginia on
Q: What happens after pressing charges through the magistrate's office?

My fiance pressed charges against my brother for assault and battery and I was there as a witness. I just wanted to know what happens now. I was in a state of shock that I don't fully remember what the administrative assistant said to me. Who determines to issue subpoenas and warrants? When... View More

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2020

No need to worry about subpoena it's beyond your control. The warrant would have been issued by the magistrate, or not, if there was no probable cause.

2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Hello so me and my boyfriend got in argument and no physical contact or any hitting was involved but how ever he left

And came back he was angry and I was afraid so I ran and when I ran I cut my legs up like by wood branches how ever he never touched me or pushed but they did charge him with simple assault... what can I do to help him I dont want longterm damage to his life we do have a child in common and I love... View More

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2020

It's up to the prosecutor to move forward or not. If you are the only witness then they would need your testimony to convict. It's best for you to probably retain a lawyer for an hour to go over everything with you.

View More Answers

1 Answer | Asked in Traffic Tickets for Virginia on
Q: In the Commonwealth of Virginia, if a school bus is in motion and is approaching with the red lights flashing, and the

stop-arm has only been extended at approximately 15 degrees, on a divided highway with no barrier, is it a violation of sec 46.2-844

to pass in the opposite direction

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 30, 2019

The bus has to be stopped read the statue. They must be alleging the bus was actually stopped.

3 Answers | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: If the attorney don't show up on a court date for a reckless driving in VA, who will be at fault ?

I may or may not be able to appear on the court date and have retained an attorney. But want to know the consequences of the attorney does not show up on the court date for any reason.

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 17, 2019

Your lawyer should advise you if you need to appear in court or not. Since courts require your presence even with a lawyer. Get it in writing from your lawyer on whether you need to appear or not.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.