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Questions Answered by Derek Allen Colvin
2 Answers | Asked in Criminal Law for Virginia on
Q: On probation had court reporting date on Feb 5 Po text me told me didn't have to be present 13 Feb probation was first

Time police came to house looking for me for probation violation if turn myself in do I get locked up or get out on or Po told me no jail time was involved before court had 3 dirty urines last one told Po up front

Derek Allen Colvin
Derek Allen Colvin
answered on Feb 19, 2024

It is not clear what you are asking. You should talk to a local attorney in Roanoke (or whatever locality is alleging a violation). There are typically two ways you can be locked up for a probation violation - pre-hearing (if you are denied bail or cannot post it) or post-hearing (if you are... View More

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2 Answers | Asked in Business Formation and Business Law for Mississippi on
Q: I was needing to know if u can be sued for opening a franchise in Ms,that the same franchise is already operating in Ms

was needing to know if you can be sued for opening a franchise in Ms, that the same franchise is already operating in Ms. Or can the owner operating under a franchise name, stop another individual from opening a business in a different location operating under the same franchise name?

Derek Allen Colvin
Derek Allen Colvin
answered on Feb 19, 2024

Its not clear what exactly is occurring in your case, but you should consult with a franchise attorney in your area to discuss. Anyone can file a lawsuit, but not all law suits are viable or filed in good faith.

If you signed a franchise agreement with a franchisor granting you the right...
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1 Answer | Asked in Criminal Law and Juvenile Law for Virginia on
Q: Can I be charged with any crime for leaving my 10 yr old alone for less than an hour ?

I let my 10 yr old stay alone in my hotel room for less than an hour.He left the room for a soda and locked himself out. He called me on his cell to let me know and I began heading back to him. He decided to ask the hotel lobby for a key and they called the police. Va does not have a minimum age... View More

Derek Allen Colvin
Derek Allen Colvin
answered on Jul 24, 2023

There is likely probable cause to charge you under Virginia Code Section 18.2-371 for rendering the child in need of supervision. There may be additional charges. It sounds like the charging decision is left to the discretion of the prosecutor in that jurisdiction. If charged, you should... View More

1 Answer | Asked in Family Law, Domestic Violence and Criminal Law for Virginia on
Q: Do I have to prove my ex boyfriend strangled me if he says he didn't
Derek Allen Colvin
Derek Allen Colvin
answered on Jul 24, 2023

If he is charged with the criminal offense of strangulation in Virginia, the totality of the evidence will have to prove, beyond any reasonable doubt, that he in fact strangled you. In Virginia, "strangled" occurs when someone "impedes the blood circulation or respiration of another... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: What are the advantages/disadvantages of Strangulation & Assault being moved from General Distr Ct to Juv Dom Relations

My 22 YO Daughter is the victim of Strangulation & Assault (2 counts of Abduction was dropped) by her then boyfriend. At the Prelim Hearing, the Commonwealth Attorney asked my daughter if she and the defendent were living together. My daughter said yes and ther next thing I know the case has... View More

Derek Allen Colvin
Derek Allen Colvin
answered on May 22, 2023

The Juvenile and Domestic Relations District Court ("JDR") maintains original jurisdiction for these types of claims if the victim/offender cohabitate together. There is no substantive difference between General District Court and JDR in the prosecution of these offenses. The initial... View More

2 Answers | Asked in Libel & Slander and Personal Injury for Virginia on
Q: I am being sued for an over the top amount in Virginia for “defamation” and I don’t live there. Is there a way to change

*change that? Also, how do I access a free defense lawyer?

Derek Allen Colvin
Derek Allen Colvin
answered on May 22, 2023

Being sued as an out-of-state defendant can present defenses and challenges. Unfortunately, you are not likely to find a free defense lawyer to assist you in a civil claim for defamation. The first thing you should do is find out if you have insurance coverage for this type of claim. You may be... View More

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can my Landlord evict me after finding out that were are paying the court instead of to him?

We were ordered by the court to send our rent payments to the court, because our Landlord owes a bank payment for the house we are renting. Please, we need some advice on if we should move out in the next 21 days or what?

Derek Allen Colvin
Derek Allen Colvin
answered on Apr 10, 2023

An attorney would need to understand your goals to fully answer this question. Generally speaking, what you "should do" depends on what you want to do in this case. It sounds like you were sent a garnishment order. If so, that is a valid court order and your rent payments are being... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Is it worth it pay a lawyer or pay the fine for a 84/65 PACED speeding ticket?

HOV lanes, says he paced me at 84 in a 65. The fine is high, but not sure it's mire than what a lawyer would charge me?!?!

Derek Allen Colvin
Derek Allen Colvin
answered on Feb 9, 2023

Worth is entirely dependent on your perspective. In terms of immediate dollars spent, it will likely cost more to get an attorney and fight the ticket. There isn't enough information here to truly evaluate your longterm risk. What code section were you charged under? What is your current... View More

1 Answer | Asked in Banking, Civil Litigation and Education Law for Virginia on
Q: Does VA law require a notary to sign when notarizing a document?

A document that I recently had notarized by Bank of America is being rejected by my university on the grounds that the notary hasn't signed it. While attempting to research this online, I have yet to find definitive answers.

Derek Allen Colvin
Derek Allen Colvin
answered on Jan 26, 2023

There are seven (7) items required for the notary to state on each document being notarized:

1. The name of the county or independent city in which the document is signed

2. The date the document is signed.

3. The notarial statement – what is being notarized (i.e. a...
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1 Answer | Asked in Criminal Law for Virginia on
Q: Can someone with a nonviolent drug felony visit a home where the homeowner owns guns. In Virginia.

My nephew has a felony record for possession from a few years ago and was wanting to come visit me, but I am a gun owner and dont know if he is allowed to come and stay for a few days? I don't want to give up my firearm but don't want to get him in trouble.

Derek Allen Colvin
Derek Allen Colvin
answered on Jan 25, 2023

It is unlawful for a felon to be in possession of a firearm unless they have had their right to possess a firearm restored. Possession can be actual or constructive and is very fact specific. Actual is obvious, but constructive can be tricky. In court, the questions considered for constructive... View More

1 Answer | Asked in Trademark for Virginia on
Q: Tatsuro & Mariya (by Smile Company Ltd.); Can You Have "Tatsuro & Mariya" Had a Trademark?

Toys, Apparel, Video Games, Books, Puzzles, Board Games, CDs, Electronics, DVDs, Party Supplies.

Derek Allen Colvin
Derek Allen Colvin
answered on Dec 29, 2022

If you are referring to the process of applying for a federally registered trademark, it depends. Trademark protection can be granted for words, designs, etc., but the mark must be unique and suitable for registration. An attorney would need to know more about your use of "Tatsuro &... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord charge a move out inspection fee
Derek Allen Colvin
Derek Allen Colvin
answered on Dec 29, 2022

Unfortunately, what someone can do, should do, and actually does aren't always the same. Assuming you paid a security deposit and the VRLTA applies, I'm not sure why the landlord wouldn't want a move out inspection. You have a right to be present during the move out inspection.... View More

1 Answer | Asked in Contracts for Virginia on
Q: What is the acceptable format for filing a promissory note with the court clerk's office in the state of Virginia?

I am aware that they typically do not like to file these for things other than real estate. Also, is there is an equally sufficient alternative (like a security backed loan), which may be more readily accepted?

Derek Allen Colvin
Derek Allen Colvin
answered on Dec 21, 2022

I'm not aware of any mechanism that would permit you to file a general promissory note in the Clerk's office unless it is associated with an enforcement action as part of a claim. If you have a security agreement with the debtor or sufficient language in the promissory note, you may be... View More

2 Answers | Asked in Business Formation and Business Law for Virginia on
Q: Is it legal for one person to be agent for 20-40 corporations?

Is it legal for one person to be agent for 20-40 corporations under their agent address and then for these same companies to all have their headquarter address listed as the same address for all of them even though the companies aren't related to each other in anyway?

Derek Allen Colvin
Derek Allen Colvin
answered on Dec 21, 2022

You are asking for an opinion, and attorneys only provide opinions to their clients after knowing sufficient facts to render an opinion.

I can point you to the VCC's requirements for registered agents.

Registered agents must meet the following requirements:

Be a...
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1 Answer | Asked in Criminal Law for Virginia on
Q: I’m charging with a 18.2-300 and I didn’t even touch the gun the plaintive was trying to take me away from my home

I have never been in trouble before ever.

Derek Allen Colvin
Derek Allen Colvin
answered on Dec 21, 2022

Virginia law criminalizes the possession of a sawed-off shotgun under Virginia Code Section 18.2-300. In Virginia, possession can be actual or constructive. You should consult with an attorney to discuss the facts of your particular case and any defenses you may have. Its not wise to post... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I have an arraignment coming soon and I need to know what kind of bail I’ll get

I was set a bond when I was arrested and it was unsecured because I have no prior criminal record and I’m not violent or a flight risk.

Derek Allen Colvin
Derek Allen Colvin
answered on Dec 21, 2022

It sounds like you have already posted a bond and are scheduled for an arraignment. An arraignment is typically to determine if you have retained an attorney or need one to be appointed for you. You should not have a separate bond hearing unless the Commonwealth has filed a motion to revoke your... View More

1 Answer | Asked in Contracts for California on
Q: Selling 1 franchise in CA for 60K. What is the surety bond amount? IL is cost x no. of franchisees. Is it same in CA?

California has determined that we, the franchisor, have not demonstrated we are adequately capitalized and/or that we must rely on franchise fees to fund our operations. The Commissioner has imposed a fee deferral condition. I would rather establish a surety bond instead. Is that allowed as an... View More

Derek Allen Colvin
Derek Allen Colvin
answered on Dec 1, 2022

Section 310.113.5 - Surety Bond in Lieu of Impound

In lieu of the imposition of an impound condition a franchiser may post a surety bond in such amount as shall be required by the Commissioner. Such bond shall be issued by a corporate surety admitted to transact business in the State of...
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1 Answer | Asked in Contracts for Virginia on
Q: Once I sign next year's contract with my employer, can I change my mind and accept another job?

There is no early termination provision in my contract. It is an agreement to salary and terms. I am concerned about "breach of contract" if I accept the better job offer. Thank you!

Derek Allen Colvin
Derek Allen Colvin
answered on May 22, 2023

Its great that you are thinking about this before an issue arises. The only way to fully answer your question is to review the contract. There may - or may not be - restrictions on your actions.

3 Answers | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for Virginia on
Q: Can something you say in an email be the difference between winning and losing a lawsuit?
Derek Allen Colvin
Derek Allen Colvin
answered on Feb 9, 2023

Maybe. It depends on what was said in the email, along with the other facts and circumstances of the case. An email can be used against a party - like any other statement made by them.

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1 Answer | Asked in Libel & Slander for Virginia on
Q: Can an attorney modify a filed form on my behalf.
Derek Allen Colvin
Derek Allen Colvin
answered on Jan 31, 2023

There isn't enough information here to provide an answer. What is the "filed form" and what do you mean by "on my behalf"? An attorney may be able to enter a case as counsel of record and amendments may be permitted. Its unlikely that an attorney could, or would, modify... View More

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