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2 Answers | Asked in Traffic Tickets, Car Accidents and Personal Injury for Virginia on
Q: Can I receive points on my record for a dismissed traffic ticket in Virginia?

In North Carolina, I received a traffic ticket for running a red light which led to a car wreck determined to be my fault. There were no injuries, and my insurance covered all the damages. The ticket was dismissed by the District Attorney on the day of my court date with no conditions. I had one... View More

Amy McMullen Harber
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answered on Apr 11, 2025

You generally would not receive DMV demerit points in Virginia for a charge that was dismissed. That said, the best way to verify whether NC might have reported the charge to Va. is to request a copy of your driver transcript from DMV. If you learn the dismissal was reported & VA has imposed... View More

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2 Answers | Asked in Criminal Law for Virginia on
Q: How to address assault and weapon charges based on hearsay in VA?

I am facing allegations of assault and use of a weapon in Virginia. It is claimed that I used a machete, but I do not own one. No witnesses saw the alleged incident, though my mother was in another room, and my boyfriend was outside. I had a verbal argument with my boyfriend about an hour before... View More

Amy McMullen Harber
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answered on Mar 11, 2025

Many cases are charged and prosecutors without eyewitness testimony or direct evidence, and you could be convicted as a result of circumstantial evidence. You should consult with a criminal defense attorney in your area about the specific facts of the case and the common practices of the... View More

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1 Answer | Asked in Appeals / Appellate Law, Car Accidents, Civil Litigation and Personal Injury for Virginia on
Q: Can my cousin appeal a 6-month jail sentence after accident?

My cousin was driving his car when the engine suddenly malfunctioned and exploded, causing him to hit a man who was drinking nearby. Although the man was severely injured, he is now recovering. My cousin has been sentenced to six months in jail for being 'careless.' There were cameras at... View More

Amy McMullen Harber
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answered on Mar 1, 2025

Regarding the jail sentence: there are very specific timelines associated with appealing criminal convictions. Your cousin should speak to a criminal defense attorney about what options are available in his specific situation.

Regarding the civil demand for money: if your cousin had...
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1 Answer | Asked in Real Estate Law, Landlord - Tenant and Personal Injury for Virginia on
Q: Can we sue property management for negligence after flood in VA?

Do my roommates and I have grounds to sue our property management company for negligence in Richmond, VA? The company neglected multiple maintenance requests, including a storm drain leak that led to our basement flooding. Despite notifying them immediately, they delayed repairs, allowing the leak... View More

Amy McMullen Harber
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answered on Feb 27, 2025

Suing is an option available to you if you can establish negligence or breach of contract, but there are other options as well - including filing insurance claims with either your renters’ insurance or the complex’s insurance carrier. I would recommend consulting with an attorney about the best... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Legality of carrying Shivworks BARRACUDA concealed in VA?

I have a concealed carry permit in Virginia. Is it legal for me to carry the Shivworks BARRACUDA concealed for self-defense in public places?

Amy McMullen Harber
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answered on Feb 18, 2025

Va. Code 18.2-308 outlines what categories of weapons an individual may not conceal upon his person. While it seems likely that the weapon you've mentioned is clearly NOT certain weapons that are mentioned in that statute, there is a catch all provision that criminalizes "any weapon of... View More

2 Answers | Asked in Civil Litigation, Real Estate Law and Personal Injury for Virginia on
Q: Who should I sue for tree damage to my shed in Virginia?

I live in Virginia, and this past November, the owner of the property behind my house hired a man to cut some trees. I suspect the man was acting as a handyman rather than a business owner. One of the sections of a tree, about 12 feet long, rolled down the hill and hit my shed, causing $2,500 in... View More

Amy McMullen Harber
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answered on Feb 17, 2025

Your insurance company has likely assigned your claim to a subrogation adjuster or attorney to try to collect their costs & your deductible from the responsible party. The first thing I would do is reach out to your carrier to find out the status of the subrogation process as it can take many... View More

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1 Answer | Asked in Employment Law and Criminal Law for Virginia on
Q: What should I do if HR alleges I stole food based on video evidence in Virginia?

I received a call from HR stating that they have videos of me allegedly stealing food from the cafeteria. They mentioned the incident happened 8 times over the last couple of months. I haven't been formally accused yet but was asked if I recall it happening. I haven't reviewed the videos,... View More

Amy McMullen Harber
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answered on Feb 14, 2025

Consuming food, supplies, or other resources belonging to your employer without authorization could be considered embezzlement in Virginia. It is best to consult with a criminal defense and/or employment attorney about the options available to you based on the terms of your employment & how the... View More

1 Answer | Asked in Criminal Law, Family Law, Animal / Dog Law and Personal Injury for Virginia on
Q: How to dismiss cases that are discriminatory against me with blatant proof of false accusations & malicious prosecution
Amy McMullen Harber
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answered on Feb 10, 2025

If the cases are criminal in nature, you should hire counsel to represent you on those charges & prevent that information to him or her. That person will best advise you as how you can use that information to your advantage. You can request a public defender through the court you’re charged... View More

2 Answers | Asked in Personal Injury and Sexual Harassment for Virginia on
Q: i was physically and sexually assaulted giving. man a ride home from american legion in front royal to high knob road va

of high knob road front royal va

Amy McMullen Harber
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answered on Feb 6, 2025

I'm so sorry that this happened to you. What happened could give rise to both criminal charges for the person who attacked you and a personal injury and other civil actions as well. If you working at the time this happened, you may also be eligible to file a worker's compensation claim. I... View More

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2 Answers | Asked in Criminal Law for Virginia on
Q: can you expunge a class 6 felony in va if you had a plea deal for 2 years probation. Completed then case dismissed?
Amy McMullen Harber
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answered on Feb 6, 2025

David's answer from January 21, 2025 is correct about the current state of Virginia expungement law. However, the law is changing on July 1 of this year, & certain Class 6 felonies will be eligible for sealing (a different process than expungement). Whether your particular crime is... View More

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