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I'm wondering if they violate the 2020 law that was passed regarding trigger activators. The device doesn't explicitly use the recoil energy of the firearm to function the same way a bump stock does, but does use the rearward bolt movement of it to function. I asked the state police but... View More 
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answered on Nov 12, 2024
Litigation at the federal level regarding forced reset triggers seems to be ongoing. The latest ruling I could find is from Texas, where a federal district court ruled against the ATF this summer regarding seizure of these devices. In Virginia, the closest controlling statute I could find is §... View More
I live 10 minutes away from my school. I’m going to park in a neighborhood that my friend lives in and infront of there house so I can avoid traffic. I have permission to park infront of there house but there is a sign that says “2 hour parking Monday-Friday 9-2PM” across from his house on an... View More
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answered on Nov 11, 2024
The Henrico County Code of Ordinances governs these situations, but is vague about signage. The Ordinance refers to parking being prohibited simply in "any place where official signs prohibit parking" and so it's guesswork without knowing the area and how the signs appear. Do any... View More
Do we both get in trouble? Do I get in trouble? Or Do he just get in trouble because of the threats.
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answered on Nov 11, 2024
You can act in self-defense in certain situations. Whether you committed a crime will depend on a number of factors, including the nature of the threats against you and his behavior in the moments before he was struck by your vehicle. It's not clear from your post whether anyone has been... View More
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answered on Oct 31, 2024
Merely having been accused of something that has since been expunged should not disqualify you from possessing, purchasing, or transporting a firearm in Virginia. If you had received a felony conviction, you would want to get your firearm rights restored before attempting to possess or purchase an... View More
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answered on Nov 1, 2024
This sounds like a speeding camera ticket. For these, no points are assessed against your driver's license and no report is made to the DMV or your insurance provider; however, they are still allowed to demand that you pay a civil penalty. To be sure, you could consult with a lawyer in your... View More
On September 3 we realized that our bank account had dropped in value by more than expected through our normal use of the account. Our research showed that more than $40,000 had been taken by unauthorized users (almost 50 based on our understanding of PNC account statements) over a period of... View More
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answered on Oct 29, 2024
If you are the victim of theft or fraud you should report the situation to your local law enforcement agency. If they take no action, you can follow up by trying to meet with the local Commonwealth's Attorney's Office. As far as civil litigation goes, yes there is potential liability.... View More
No transcripts were received with my FOIA request from the court. The company who has the transcript quoted cost of $600. As the victim in this case, are any options available to obtain a copy for free?
I later sent this to the court:"Virginia Law § 19.2-165,The reporter or other... View More
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answered on Oct 30, 2024
Unfortunately, FOIA involves the requesting party having to pay for the reasonable costs of production. Additionally, the statute you cite includes the following language: "Upon the request of any counsel of record, or of any party not represented by counsel, and upon payment of the reasonable... View More
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answered on Oct 25, 2024
Attendance requirements are governed by Virginia Code § 22.1-254. There should be a process with the local school board by which a student can officially withdraw from school even without parental involvement (if the student has reached the age of 18). Dropping out of school is not recommended, of... View More
I have a family member who is having a mental breakdown and has been continually harassing my pregnant wife and I with hurtful messages over the last few weeks. This individual continually insulted us through social media and phone over the last few weeks, and even tried to contact me from a... View More
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answered on Oct 23, 2024
As you indicate, there is no evidence that would establish an apprehension of physical harm; however, it sounds like this person is returning to your residence uninvited. Accordingly, trespassing may be an avenue to keep him away from your home. Just be sure to comply with notice requirements as... View More
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answered on Oct 23, 2024
In 2014, yes. As of 2021, the Virginia Code was amended to label a number of traffic infractions "secondary violations" which, standing alone, do not justify a traffic stop. But this new rule is not retroactive to traffic stops from 2014.
I passed a school bus that was pulled to the side of the road at an entrance road. It had hazards and the yellow warning lights but no red lights and no arm deployed. Another school bus in between us passed in the same manner as I did. After that bus passed I waited a second or two and the stopped... View More
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answered on Oct 25, 2024
Yellow warning lights begin to deviate from their intended purpose if they're left on indefinitely. I have seen this behavior before from some school bus drivers and it is a problem for other motorists who have to decide how to proceed. It sounds like you took reasonable precautions before... View More
I had a hair transplant procedure at Virginia Surgical Center in Virginia Beach. They’ve been exposed recently for performing unlicensed surgical procedures. I was not aware at the time of my procedure that these individuals lacked medical education, training, and licensure.
I am... View More
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answered on Oct 17, 2024
I recommend that you consult with a lawyer who handles plaintiffs' work in the Virginia Beach area. Make sure that you preserve all evidence (photos, etc.) of these issues, as well as of your medical appointment itself (bills, etc.). There's no shortage of firms handling such work. You... View More
I’ve been buying things for him for over a year. There was poop in the house, he would eat her pull-ups and trash. No vet visit or shots and only went outside when she felt like letting him out. I would bring him to my house for several nights to bathe and care for him. She has memory issues and... View More
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answered on Oct 17, 2024
Animal control is authorized by the Code of Virginia to seize animals that are being abused or neglected, and it sounds like this probably should have been done before the dog came into your possession. You say that she gave you the dog, but that's a little ambiguous. If you were of the... View More
Public def wants to settle on 30 days suspended but this will violate peace and good behavior what can I do
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answered on Oct 4, 2024
Explain the circumstances of that other case to your lawyer. They should hopefully be able to give you advice on how a plea on the current charge could affect a good behavior violation. If the potential good behavior violation is in the same jurisdiction, sometimes the prosecutor could agree not to... View More
I'm a convicted felon and just enrolled into college studying (BA) Psychology. I want to become a substance abuse counselor.
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answered on Sep 24, 2024
The Virginia Board of Counseling seems to have broad discretion on certification decisions. There does not appear to be any conviction that would act as an automatic bar to certification. Each candidate appears to be evaluated on a case-by-case basis. For more information, the Board of Counseling... View More
He was dismissed from the school bc of another incident. What to do
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answered on Sep 23, 2024
There is no statute of limitations on felony offenses in Virginia. I obviously do not know what specifics act(s) your daughter is alleging, but a felony offense could potentially be prosecuted even after more than a decade. If your daughter suspects a crime happened and wishes to report it, she... View More
Multiple stabs wounds
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answered on Sep 22, 2024
I would recommend first that you attempt to meet with the Commonwealth's Attorney for the jurisdiction where this happened. Such a meeting would give you an opportunity to voice your concerns about the investigation and possibly get some answers from the lead prosecutor as to why no criminal... View More
Will a sealed conviction need to be disclosed on an immigration application?
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answered on Sep 17, 2024
Not likely; Rule 1:1 of the Rules of the Supreme Court of Virginia states that the conviction and sentencing order in your criminal case has long since been made final.
There is, however, a new law that should come into effect next year that may allow you to petition to have your felony... View More
Google map led me the customer neighbor's house - the house is on a small hill with long/driveway.
The moment I was close the the house and I realized that it's was the address. I started to make a 3-point turn. Half way before I complete the turn, the owner got out and start... View More
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answered on Sep 15, 2024
That's a wild sequence of events. What you're describing could be charged criminally in a number of ways, including unauthorized use of a motor vehicle and destruction of property. It's a shame that there is apparently no dash camera footage of this incident as that would settle a... View More
I completed 10 hours of community service between May 1st and 18th. I brought this to the judge on May 30th. The judge assigned me 20 hours of community service. Do I need to do 10 additional hours or 20 in total?
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answered on Sep 15, 2024
Without being there I couldn't tell you. I recommend calling the clerk's office for the court in question and asking if there are any notes on your warrant or summons that indicate what the judge wanted. At the very least, you can tell the judge you double-checked with the clerk's if... View More
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