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Questions Answered by Daniel P Leavitt
1 Answer | Asked in Criminal Law for Virginia on
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?
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answered on Mar 12, 2019

Both of you should talk to separate lawyers who can advise you.

1 Answer | Asked in Criminal Law for Virginia on
Q: My case was appealed J&DR TO CIRCUIT COURT WHERE IT WAS TAKEN UNDER ADVISEMENT.

I need to show the case was under advisement.Its holding up my state police background check.It was a misdemeanor assault charge.The case was in 1996 and does not show up on the online database.

How long do the courts retain these records outside of the online platform?

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answered on Mar 9, 2019

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.

3 Answers | Asked in Criminal Law for Virginia on
Q: How long are circuit court case proceedings and final case dispositions kept in va?

I took a case from juvenile and domestic relationscourt where i was convicted of assault to circuit court where it was taken under advisement,and would be dropped after a period of time.This happened in 1996 it's not showing up on the online database.Will the circuit court still have some... View More

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answered on Mar 9, 2019

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.

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: If you have a reckless driving violataion can you go to online driving school or does it have to be classroom?

State of Va. and it will be dismissed after I take the class.

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answered on Mar 3, 2019

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.

1 Answer | Asked in Civil Rights, Real Estate Law and Landlord - Tenant for Virginia on
Q: Newly renting, Carpets smell like urine, 2 small babies in house. Owner refuses to replace them. What rights do we have?

Just moved in, site unseen unfortunately cause of military move. Carpets smell like strong urine. 2 small kids in our house. 3 years old and 10 months. The house was also filthy when we moved in and we had to pay ourselves to have it cleaned. Property manager said they nor the owners will replace... View More

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answered on Mar 3, 2019

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... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Officer took my tags for being altered. How can i get them back from dmv in va? No ticket from officer

The tags had a '19' in the year spot becasue they were expired. Once he discorvered that he took them. I wasnt charged. But I want to know will dmv give them back?

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answered on Mar 3, 2019

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.

1 Answer | Asked in Traffic Tickets and Juvenile Law for Virginia on
Q: What's the best course of action for a reckless driving charge in VA?

17 year old driver, licensed in WV, supposedly clocked at 92 in a 70. Parent in car, clean driving record. Juvenile District Court.

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answered on Mar 3, 2019

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... View More

1 Answer | Asked in Civil Litigation, Small Claims and Traffic Tickets for Virginia on
Q: How can Virginiaenforce a tint violation on a traveling outofstate vehicle and getaway with violating the righttopasslaw

How can Virginia enforce a tint violation on an out of state vehicle and get away with violating the right to pass law?

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answered on Mar 3, 2019

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... View More

1 Answer | Asked in Criminal Law and Wrongful Death for Virginia on
Q: Charges for someone inciting a fight and driving one of the people to fight on the other person's property.

The girl wanted her current boyfriend and ex to fight. She was warned numerous times by someone else not to drive her boyfriend to her exe's house, that someone could die. She still insisted on driving her bf to fight after the warnings. Her bf was killed in the fight. Can she be charged?... View More

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answered on Mar 3, 2019

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... View More

2 Answers | Asked in Land Use & Zoning, Small Claims, Real Estate Law and Landlord - Tenant for Virginia on
Q: Can my vehicle be towed from a private property without notice?

My plates had expired and my vehicle was towed from private property (my apartment complex). The towing company said they placed a notice on my car Tuesday, however I never seen a notice. Is it a time frame that they have to give me prior to towing the vehicle?

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answered on Mar 3, 2019

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.

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got a speeding ticket in peterburg,va for going 70 in 40. Can i get My license taking or get jail time ?
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answered on Feb 25, 2019

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.

2 Answers | Asked in Criminal Law for Virginia on
Q: Does VA offer parole for its prisoners? According to code 53.1-151 it seems like they do, but I'm not an expert !

I am asking on behalf of a prisoner incarcerated in a state prison in VA.

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answered on Feb 25, 2019

There's no parole for felonies in Virginia.

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1 Answer | Asked in DUI / DWI for Virginia on
Q: Eviction

Was evicted from rental homes,, was given 72hrs.. did not get everything moved..i asked many times, for more time to move,, from landlord and sheriff. Was told no, locks was changed and no trespassing signs put up.. now landlord is keeping my belongings that includes a custom motorcycle, tools,... View More

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answered on Feb 25, 2019

I don't see any DUI question here the seems to be a landlord tenant issue.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can my landlord terminate due to a lease violation?

My boyfriend came over to my house with his dog to check on things because the alarm went off. @ 1226 pm, it was determined to be a false alarm at 1:06 pm. the landlord came to the house at 3:33 pm , no call or anything . i attempted to call him and ask him why if ADt determined it was false he... View More

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answered on Mar 3, 2019

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... View More

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2 Answers | Asked in Landlord - Tenant for Virginia on
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.

The yard was covered in snow the day we met with the agent at the house, so we didn't notice these dead plants and fallen branches before signing the lease. I asked the landlord to remove these, and she says "she can't personally remove these, but that I can be charge of the disposal."

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answered on Mar 3, 2019

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... View More

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2 Answers | Asked in Landlord - Tenant for Virginia on
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?

Previous landlord held rent deposit past the 45 day timeframe, on the 48th day the deposit was returned with a list of deductions which had not been presented in writing or verbally before the expiration of the 45 days. 1/3rd of the deposit was returned.

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answered on Mar 3, 2019

You can sue your landlord if they didn't comply with the lease agreement and/or the VLTA if that applies.

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: can i get a ticket for crossing over a solid white line?

I recently was in a left turn lane waiting at a red light and decided at the last minute that i wanted to go straight so i put on my turn signal and when the light turned green the second car in line let me in. A police officer was behind me in an unmarked car and pulled me over for crossing a... View More

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answered on Feb 17, 2019

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.

2 Answers | Asked in Criminal Law for Virginia on
Q: I was accused of harassment by computer by an individual.

The way it was explained to me was that the individual went to the local pd with the evidence that I was the one that was harassing them online, the local pd informed the person that there was nothing they could do, but informed them that they could take it to the magistrate and file charges that... View More

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answered on Feb 17, 2019

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....
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2 Answers | Asked in DUI / DWI for Virginia on
Q: 61 year old female with clean driving record. First DUI (in VA). Are exceptions ever made for age/good driver?
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answered on Feb 16, 2019

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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2 Answers | Asked in Criminal Law for Virginia on
Q: Someone recorded mu phone conversation with them and didn't tell me i was being recorded
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answered on Feb 13, 2019

In Virginia one party to the conversation can do that as long as they're part of the conversation. However they cannot record if they're not part of the conversation.

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