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Virginia Questions & Answers
0 Answers | Asked in Family Law for Virginia on
Q: What is the best way to find a lawyer in Ireland specializing in family law?

The grandmother of my daughter came between myself and the mother and set me up to be completely cut off. I need legal representation that protects my rights and ensures I can provide financial support.

Q: Do I have to sign a dispute resolution and arbitration agreement before purchasing a house

Purchasing a modular home in Tennessee to be delivered to Virginia. Seller wants a dispute resolution and arbitration agreement signed before. I have not see the house. They want me to sign something saying I am satisfied with it and nothing is wrong. Can I get out of signing this

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
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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...
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0 Answers | Asked in Real Estate Law for Virginia on
Q: In the State of Virginia, what happens if a Property Owners Association can’t fill the Officer rolls?

We are a small POA with no involvement from neighbors. They won’t show up to meetings, won’t take officer rolls (president, VP, etc.) many won’t even pay dues. Just wondering what the Sate will do if we don’t meet requirements since we have to file an annual report?

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
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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

1 Answer | Asked in Family Law for Virginia on
Q: I retained my lawyer 3 weeks ago after my consult, and I have yet to receive any followup communication. is this normal?

I have left several voicemails requesting an estimate to time frame.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Sep 15, 2024

It is important for a lawyer and his or her client to discuss expectations regarding communications and the preferred method of communication. In general, lawyers communicate with clients when it is necessary to the purpose of representation. Some lawyers and clients prefer e-mail, some prefer... View More

0 Answers | Asked in Personal Injury and Education Law for Virginia on
Q: My child was assaulted by a another child at school. The child that did it supposed to have a 1:1?

The student assaulted my son and my son has a fractured arm. The school informed me that the child has aggressive behaviors, and has a 1:1 but at lunch the child is to be observed and can't use bathroom in cafeteria with other peers due to no cameras or staff in there. The school said there is... 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
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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

1 Answer | Asked in Real Estate Law and Tax Law for Virginia on
Q: Sale of completely depreciated rental property

Tax consequences on sale of completely depreciated rental property

James L. Arrasmith
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answered on Sep 14, 2024

When you sell a completely depreciated rental property, there are several tax consequences to consider. Since the property has been fully depreciated, you must recapture all the depreciation taken during the ownership period as "depreciation recapture." This recaptured amount is taxed at... 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
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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

1 Answer | Asked in Traffic Tickets for Virginia on
Q: How to I remove traffic ticket

Pulled over in VA ,passing through,first ticket. Asked for extension I was told no,asked the clerk what to do. She said pay it. I did. Was charge with no show. This was almost 7 years ago. Of course its showing up in my background checks

Daniel P Leavitt
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answered on Sep 13, 2024

It sounds like you may have a warrant for failing to appear if they charged you with "no show." Maybe you mean they tried you in your absence? If there is a warrant for failing to appear you will need to take care of that. If they found you guilty in your absence there is currently no... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Virginia on
Q: real estate question: What does a Seller do in process when they sell a house 3 days prior a Wrongful foreclosure date

Real estate question: basic now but will elaborate when connected. Note: will type words in a form of 3rd person so its less emotional for me, stay on logic.

Also, a lawyer that was the office for Legalaide stated that it does not matter the Foreclosure the property was sold, there is no... View More

James L. Arrasmith
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answered on Sep 13, 2024

When you sell a home just a few days before a scheduled foreclosure, the sale can have important consequences on the foreclosure process. First, make sure that the sale of the property is fully finalized and that all necessary documents have been recorded. Once the house is sold, the foreclosure... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: Is the Religious Land Use and Institutionalized Person's Act (RLUIPA) 14th Amendment Section 5 legislation?

RLUIPA was enacted by Congress after the Supreme Court found (in City of Boerne v. Flores, 521 US 507 (1997)) that the Religious Freedom Restoration Act (RFRA) was not congruent and proportional legislation under Section 5 of the 14th Amendment. In response, Congress enacted RLUIPA after 3 years of... View More

James L. Arrasmith
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answered on Sep 13, 2024

If you're trying to determine whether the Religious Land Use and Institutionalized Persons Act (RLUIPA) is legislation enacted under Section 5 of the 14th Amendment, consider how Congress approached its enactment. After the Supreme Court's decision in City of Boerne v. Flores, which... View More

0 Answers | Asked in Family Law, Libel & Slander and Small Claims for Virginia on
Q: It's extreme of me to ask, but is there a legal violation where an individual is mental crippling and hindering me?

I currently live in my mom's house, and have been struggling to find a job lately (I could've sued Lowe's for wrongful termination, but that's different). Being out for several months, I've been trying to mentally recover from the many episodes of depression, anxiety,... View More

0 Answers | Asked in Agricultural Law and Business Law for Virginia on
Q: According to federal law, is a CDL license needed when transporting livestock for profit (transporting for someone else)

- if the trailer/vehicle are below the weight rating requirements?

-if traveling out of state?

-only doing it sometimes?

-doing it full time?

1 Answer | Asked in Estate Planning and Probate for Virginia on
Q: Is it possible to use joint ownership of accounts to avoid probate and transfer money to a non-joint owner heir?

Joint Owner 1 and Joint Owner 2 own Account A (with rights of survivorship).

Joint Owner 2 and Joint Owner 3 own Account B.

JO1 dies. JO2 has access to all the funds in Account A without going through probate.

JO2 can move funds from Account A into Account B. JO3 now has... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Sep 12, 2024

Yes.

0 Answers | Asked in Employment Law, Civil Litigation and Education Law for Virginia on
Q: My former employer admittedly made an error depositing funds into my 403b. What recourse do I have?

They refuse to respond to me. This has tremendous tax implications for me.

1 Answer | Asked in Real Estate Law for Virginia on
Q: What is the law regarding adverse possession of property bordering our property?

An old fence was erected when our house was built in 1990. There are old fruit trees planted on our side of the fence. The fence is about 30 feet from our actual property line. The area on our side of the fence has been maintained by our prior property owners before we purchased the property and... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Sep 15, 2024

While your facts appear to support your claim of adverse possession, and there is a reasonable likelihood of success, it's not easy or clearcut. Simply, you need to get a lawyer on board - if only for advice - and see what else you need to do to cement your claim.

Adverse possession...
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