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Questions Answered by Steve Miyares

1 Answer | Asked in Criminal Law for Virginia on

Q: U felony 18 2 95 is that a serious charge also a you felony 18.2 108.0 1 and a larceny 6

Steve Miyares answered on Jul 15, 2018

Anytime you are facing a felony chage like these, it is a serious matter. You should speak to an experienced criminal defense attorney in the local jurisdoction where the charges are pending.

3 Answers | Asked in Family Law, Divorce and Real Estate Law for Virginia on

Q: If a spouse is not on a deed or mortgage and they get divorced in VA , does the spouse have any rights to home equity?

This is in the state of VA, home was purchased 20 yrs before marriage but some mortgage contributions were made by non-deeded spouse.

Steve Miyares answered on Jun 10, 2018

It would have been separate property going into the marriage. But aftergetting married, if the marital assets or the othersousr were used to pay for it, then it could have become arital property in full or in part. To keep it separate property, it should have been paid for and maintained with... Read more »

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1 Answer | Asked in Criminal Law for Virginia on

Q: Can I get just probation for my first simple possession of meth charge in Tennessee?

Steve Miyares answered on Jun 3, 2018

You need to ask a lawyer licensed in Tennessee

1 Answer | Asked in Family Law and Child Custody for Virginia on

Q: what happens if a parent isn't following a visitation order to see his children?

We have a court order in place that states the father of my children is supposed to have visitation with my children supervised at least once a week. He hasnt seen them in 3 weeks and hasnt even bothered to contact me for 2 weeks.

Steve Miyares answered on May 25, 2018

The court has no power to force a noncustodial parent to exercise visitation. When the court orders visitation, it is ensuring that the noncustodial parent is not denied an opportunity to spend time with their children. If the parent chooses to jot take that opportunity and chooses to not see... Read more »

1 Answer | Asked in Family Law and Child Custody for Virginia on

Q: Hi there, I live in Marion VA. I have a daughter that is 15 years old. Can she have say so in visitation?

My daughter is 15. Her father lives in Kentucky. The visitation was set up when she was 6. She is getting older and would like to have some more say in the visitation scheduling. Her father said he wanted that as well. But, If it doesn't benefit him he doesn't want her to have any say. Should I... Read more »

Steve Miyares answered on May 25, 2018

One of the statutory factors a Virginia court must consider in visitation orders is the preference of the child in light of the child’s age and maturity level. Therefore, the court would not have put much weight on the preference of a 6 year old child, the court would give more consideration to... Read more »

3 Answers | Asked in DUI / DWI for Virginia on

Q: If you are below .08 can you still get arrested for drunk driving?

Steve Miyares answered on May 25, 2018

Yes. The issue is whether or not you were impaired by driving. A BAC of .08 creates the presumption that you were impaired. However other evidence, such as your performance on field sobriety tests or statements regarding your consumption of alcohol, can be used to establish that your driving was... Read more »

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1 Answer | Asked in Contracts for Virginia on

Q: I am trying to find out if I someone can sue me after I sold them a car?

I sold my car to someone with a simple agreement signed. 2 payments in 2 weeks. All it said was I agreed to sell the car for 1500 in 2 payments. I asked him not to drive it until paid in full. He drove the car without permission 12 hours across state lines and took over a month to pay me. Now he's... Read more »

Steve Miyares answered on May 23, 2018

Who has title to the car? That person is the owner and is the one with authority to sell it. If you are not the legal owner if the vehicle, then you did not have legal authority to sell it. You should consult privately with an attorney to review all the facts and circumstances of your situation... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on

Q: If you are ticketed for 100 mph at interstate 64 in but you know you were not going 100 what defense do i have.

Steve Miyares answered on May 21, 2018

I recommend you hire an expereince traffic/criminal defense attorney. You are facing a reckless driving charge based on excessive speed (anything 20+ moh over the limit is reckless driving. This charge carries a potential punishment of up to 12 months in jail and a fine of up to $2500. If a... Read more »

2 Answers | Asked in Divorce for Virginia on

Q: how long does alimony have to be paid

went to mediation last year had papers drawn up. It says I pay alimony and child support. it doesn't list an end date to the alimony how do I get that?

Steve Miyares answered on May 21, 2018

It depends on the terms of any separation agreement you entered and/or the court’s order. If your agreement doesn’t specify an end date or other terminating condition, then it would likely be indefinite. Under Virginia law, generally spousal support would terminate upon 1) remarriage or... Read more »

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1 Answer | Asked in Small Claims for Virginia on

Q: Can I take someone to court in the state in which I live, even though the wrong was done to my property in another one?

A neighbor was arrested for trespassing on my property and stealing a cellular camera. The property in question is a house/land for sale in Louisiana, but I currently reside in Virginia(moved last year). I cannot fly to Louisiana for court proceedings, as the airfare might be more than the small... Read more »

Steve Miyares answered on May 18, 2018

Virginia does not have jurisdiction over an issue in Louisiana. But before you try anything else, you should check with the prosecutor in Louisiana who handled the criminal prosecution of this case. I am not licensed in Louisiana to know the answer, but it is possible that as part of his sentence... Read more »

3 Answers | Asked in Civil Litigation, Divorce and Real Estate Law for Virginia on

Q: Husband moved joint owned both pay mtg do I have to reimburse his half he didnt live in it

He chose to move getting divorce and will split equity he wants what he pd back since didn't live here

Steve Miyares answered on May 18, 2018

You should consult with a divorce attorney. There are too many potential issues involved dealing with the resolution of this or any other marital property in the equitible distribution.

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1 Answer | Asked in Criminal Law and Civil Rights for Virginia on

Q: I was convicted of a property crime (breaking & entering/larceny) in 1980 or 81.

He was a friend, and we borrowed from one another often. This particular night, I borrowed his moped for an aquantance to get home. He was supposed to return the following morning, and did not. Police were called. I returned the moped, but the aquantance had a bad record, and I believe violated... Read more »

Steve Miyares answered on May 15, 2018

If your other rights were previously restored by the governor, then you may petition the Circuit Court in your jurisdiction for restoration of your firearm rights. I have handled several of these cases since Governor McAulliff reatored rights to many convicted felons a few years ago. You should... Read more »

1 Answer | Asked in Family Law and Child Custody for Virginia on

Q: I'm moving to Canada and I have no court order to even have visitation of my son how do I make it so he can visit me?

His father has had full custody for 5 years but I see my son every other weekend. I have no legal standing because I couldnt make it to court I was in FL at the time. I dont want to take custody because my son wants to live with his dad but I want him to be able to visit. His dad wont let me take... Read more »

Steve Miyares answered on May 15, 2018

Moving to Canad is a significant chamge in circumstances since the Court last made a custody decision 5 years ago. Based on the chang in circumstances, you can petitin the court to modify the visitation schedule from the prior order. You should consult with an attorney to help you pursue the best... Read more »

1 Answer | Asked in Divorce for Virginia on

Q: Do you need a separation agreement to get divorced with in 6 months if both parties agree to the divorce?

Steve Miyares answered on May 15, 2018

You do not have to have a separation agreement. However, unless you are getting a divorce based on one of the fault based grounds specificed in the Code of Virginia, your divorce would be based on having been separated for a legally defined period of time. If there are no children in the... Read more »

1 Answer | Asked in Child Custody for Virginia on

Q: How can I (the mother) get sole legal custody of my daughter?

My daughter was concieved against my will even though he and I were in a relationship. I was a 17 year old runaway, living with a friend (not him), and he was 28 and is a felon with drug abuse issues. He hid his age from me until I found his facebook. I have no idea where he is now. I know he does... Read more »

Steve Miyares answered on May 15, 2018

You can petition the Jivenile and Domestic Relations Court to award full custody to you. The JDR court would also be wheee you petition for an order of child support from the father.

2 Answers | Asked in Domestic Violence for Virginia on

Q: How can I drop domestic charges

How can I drop the charges on my ex for assault and batter we both don’t come in contact and I don’t wanna testify

Steve Miyares answered on May 12, 2018

You can’t drol the case. That decision os in the control of the Commonwealth’s Attorney. You can tell the prosecutor that you want to drop the charge and not testify, and the prosecutor might agree. But the final decision of whether or not to drop the case is going to be up to the prosecutor

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2 Answers | Asked in Child Custody for Virginia on

Q: My husband walked out on my son & I over a week ago. If he files for the divorce first, will he be able to take my son?

Steve Miyares answered on May 9, 2018

The timing of who files for divorce is not a comsideration in child custody matters. The court will decide issues of child custody and visitation based on the best intrests of the child. The Code of Virginia defines a number if factors to be considered when a judge decides on the best interests... Read more »

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3 Answers | Asked in DUI / DWI for Virginia on

Q: Felony DUI Court Case

After my Grand Jury day I said that my next court date would be a plea. I have changed my mind and will be going forward with a judge trial. My question, is will my original court date for plea change because of going with judge trial.

Steve Miyares answered on May 9, 2018

This is not a general wuestion, but one about the specifics of your case. You need to speak with your attorney about this to get the answer for your particular situation.

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2 Answers | Asked in Divorce for Virginia on

Q: My ex moved out of state,and is dodging being served s cerfitied notice for not making spousal sup.paymts.what can I d

He has admitted to me that he will not sign for receipt of notice,so he doesn't have to come to court.what do I do

Steve Miyares answered on May 8, 2018

You should explore the option of obtainng service by publication under section 8.01-316 of the code of Virginia. I would recommend privately consulting with an attorney to further discuss the specific facts and circumstances of your situation. Good luck.

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2 Answers | Asked in Criminal Law and Federal Crimes for Virginia on

Q: Can a felon have his conviction removed or dismissed from his records without the crime being dismissed in SC.

Steve Miyares answered on May 7, 2018

Under Virginia law, a Virginia felony conviction cold not be removed or dismissed. For a conviction from another state, Virginia would not have jurisdiction or authority to dismiss a conviction from that state. If you are seeking to remove a conviction from South Carolina or any other state, you... Read more »

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