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 David G. Parker
1 Answer | Asked in Criminal Law, Personal Injury and Health Care Law for Virginia on
Q: I recently found out that I had a surgical procedure performed by an unlicensed individual, can I initiate a lawsuit?

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

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Animal / Dog Law and Elder Law for Virginia on
Q: I’ve cared for a dog for 3 months, the previous owner can’t properly care for him but is asking for him back now.

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

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Criminal Law for Virginia on
Q: I have Ben accused of a concealment charge and I have a prior charge of peace and good behavior with 5 years hanging

Public def wants to settle on 30 days suspended but this will violate peace and good behavior what can I do

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Civil Rights, Federal Crimes and Criminal Law for Virginia on
Q: will convictions of felony eluding (5 yrs. old) and Grand Larceny (7 yrs. old) prevent me from being certified in va

I'm a convicted felon and just enrolled into college studying (BA) Psychology. I want to become a substance abuse counselor.

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

1 Answer | Asked in Criminal Law and Sexual Harassment for Virginia on
Q: My 21 year old daughter just told me that when she was in 5th grade a teacher did some very inappropriate things.

He was dismissed from the school bc of another incident. What to do

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Criminal Law and Wrongful Death for Virginia on
Q: I believe my Aunt was murdered and her case was ruled a suicide. What can I do? Can I get access to any evidence?

Multiple stabs wounds

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Criminal Law for Virginia on
Q: Will it be possible to reopen a felony case from 1991 in Fairfax Co for the purpose of reducing it to misdemeanor? Thx

Will a sealed conviction need to be disclosed on an immigration application?

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Traffic Tickets and Car Accidents for Virginia on
Q: Traffic/Civil case

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

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: Volunteer hours, are they additional or in total?

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?

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Criminal Law for Virginia on
Q: I was charged with 7 misdemeanors and they are written up wrong. I haven’t turned myself in should I since they are look

I took about $100 worth of items from a car. I gave the items back to the officer so they got their stuff back. The officer specifically told me that she seen the video and had a list of the missing items which she lied and did not and coerced me into telling her I did it and threatened me and my... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2024

If you have been charged with an offense it is always better to turn yourself in rather to be arrested at an inopportune time by an officer. I recommend doing so early in the work week so that if for some reason the magistrate holds you without bond you won't sit around all weekend in the... View More

2 Answers | Asked in Traffic Tickets for Virginia on
Q: Can an officer ask for my ID the passenger for not wearing my seat belt but not the reason for being stopped

Driver had no front license plate on vehicle but had license plate inside car

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2024

Appellate courts have held that an officer's request for a passenger's identification is lawful, even without suspicion of a specific crime or infraction. In this case, the officer is also claiming you weren't wearing a safety belt and so they would have reason to investigate that... View More

View More Answers

2 Answers | Asked in Traffic Tickets for Virginia on
Q: Can I please Not Guilty and question radar accuracy?

I was pulled over for speeding and ticketed going 57 in a 40. This was also my first time ever being pulled over and having any vehicle incidents. I was also going downhill and saw my speedometer did not go over 45. On the ticket it says my speed was monitored with a Front/Stationary radar;... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 8, 2024

You can certainly plead not guilty and challenge the radar accuracy. Just be aware that it's never easy to challenge the validity of stationary or moving radar results. The officer will more than likely be able to testify that he used tuning forks to check the calibration of his radar unit... View More

View More Answers

1 Answer | Asked in Criminal Law for Virginia on
Q: Under va code 19.2-341 am i still obligated to pay fines and penalties from a felony case in 1993?

I was convicted in 1993 of a felony, under code 19.2-341 after 20 years im no longer required to pay those fines, but the code has since changed, am i still under the guidelines of the old code? From when i was sentenced?

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2024

As you correctly point out, at the time of your conviction the government was limited to a period of 20 years for the recovery of unpaid fines/penalties. The law prohibits "ex post facto" laws that update penalties and punishments after the fact. On the other hand, "procedural"... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I haven’t contacted my probation officer since march bc i was scared but i haven’t violated my probation what do i do?

I was out on probation for shoplifting alcohol at college. my probation officer said i only needed to come to a few meetings since i would be leaving to go back home in a month. I went to 2 then slept through the 3rd and she called me wanting to reschedule but i never contacted her because i was... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2024

The best thing you can do is to contact your probation officer as soon as possible. Probation officers have discretion on whether to report a violation to the trial court and so it is in your best interest to re-establish contact. With any luck, you can smooth things over with your probation... View More

2 Answers | Asked in DUI / DWI, Car Accidents and Constitutional Law for Virginia on
Q: Can what I said to a on body camera while I was intoxicated/ threatened to be arrested be used in court against husband?

My husband was helping move out a bed from a neighbor a few townehomes down. He backed into a neighbors car while it was parked. The lady came out as it was on her ring camera and called the cops. My husband got out of his truck and apologized as he felt so bad to do that to our neighbor of almost... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2024

Statements you provided to the officer are inadmissible hearsay unless they are subject to a hearsay exception (unlikely, based on what you described in your question). Additionally, you have marital privilege and cannot be compelled to testify against him. So it is most likely inadmissible and... View More

View More Answers

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Do I need to go to court for my ticket or can I pay it online? Is this a misdemeanor? Is this going to be on my record?

I got a ticket for violation of VA CODE 46.2-861-1(B) and Local code is 422.01. It gives me a court date for Aug 22.

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 1, 2024

Prepayable offenses should be marked on the court case information website (for more details, see: https://www.vacourts.gov/caseinfo/tickets_dc.html). I don't have enough information to answer your question about the Local Code violation, but the 46.2-861.1(B) offense is considered an... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Can you have a firearm in a house with prohibited person

Can you have a firearm in a house with prohibited person that doesn't have access to the firearm

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 1, 2024

Yes. Another person's loss of firearm privileges does not eliminate your own. That being said, you will want to make reasonable efforts to ensure that the firearm remains outside of their possession and that it is not readily accessible by the prohibited person.

1 Answer | Asked in Criminal Law for Virginia on
Q: 1. Not on probation or parole. 2. Tier 1, on the registry. 3. Have kept registry up to date.

4 Had a state police officer show up today and I am in another state helping a friend fix his house. This is not a job but a favor. Fiance who opened door was asked if I live there, I do. Cop wanted to know where I was, this was a home check. She told him off in TN helping a friend for a few days.... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 1, 2024

The Registry Act focuses on keeping your "residence" up-to-date with Virginia authorities; it doesn't have any obvious prohibition on temporary movement outside of the Commonwealth to another state. There is a statutory registration requirement within 3 days for people coming into... View More

1 Answer | Asked in Criminal Law and Public Benefits for Virginia on
Q: question about me being a possible accomplice or accessory to a crime?

If I cohabitated with a domestic partner and they did not include me or my income on the ebt/welfare application, can I get in trouble if I report her after the fact. I knew she did it but I didn’t make enough to support all of us so I turned a blind eye. I did not submit the application but she... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 8, 2024

An accessory before the fact in a felony is punished the same as the principal offender. To prove it, there must the commission of a crime by the principal, the accessory's absence at the commission of the offense, and (before the commission of the crime) the accessory was in some way... View More

2 Answers | Asked in Criminal Law for Virginia on
Q: what will happen as a first time offender after stealing $175 worth of items (mainly hygiene products)?

I was pulled into a camera room and was completely honest with the woman as I was giving back. I completely complied with the officers as well and had a clean record prior. They gave me a court summons paper and then let me go. I haven’t heard anything from them, no mail or calls. I live in... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 30, 2024

Your first court appearance should be an arraignment, at which time the judge will ask if you're seeking a court-appointed lawyer. I recommend hiring or (if you cannot afford to hire) requesting a court-appointed attorney to assist you in your defense. Also, Virginia has a 1st-offender... View More

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.