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0 Answers | Asked in Employment Law, Criminal Law, Nursing Home Abuse and Personal Injury for Virginia on
Q: Narcotic count discrepancy and investigation at work

I work in an assisted living facility where I am responsible for administering medications, including narcotics, to residents. Recently, a narcotic count discrepancy occurred during my shift change. A colleague who was supposed to complete the narcotic count left before my arrival, and another tech... View More

0 Answers | Asked in Construction Law, Contracts and Real Estate Law for Virginia on
Q: How can I enforce a floor repair warranty in Virginia?

I hired a contractor to repair my floor, but the results have been unsatisfactory. The floor is sagging, despite their attempts to fix it twice. I signed a contract that includes a warranty for satisfactory work. My last contact with the contractor was on February 15, and since then, they... View More

0 Answers | Asked in Landlord - Tenant, Civil Rights and Real Estate Law for Virginia on
Q: How can I legally handle landlord harassment and unauthorized entry in Virginia?

I'm experiencing daily harassment from my landlord, which has increased my anxiety. I live alone and am disabled. My landlord often visits unannounced, yells, and even enters my apartment without permission. My home needs repairs due to neglect, including water damage, and he often complains... View More

0 Answers | Asked in Appeals / Appellate Law, Civil Rights, Criminal Law and Legal Malpractice for Virginia on
Q: What can I do if my lawyer urges me to plead guilty despite clear evidence against charges?

I was appointed an attorney who had poor communication and seemed uninterested in my case, so I fired her. The judge appointed a new lawyer, but he only had 20 days before the next court date. Despite trying to hire private attorneys, they all said 20 days was not enough time to prepare. My new... View More

0 Answers | Asked in Criminal Law for Virginia on
Q: How can I get my class 1 misdemeanor record sealed in Virginia?

I was convicted of a class 1 misdemeanor for trespassing and petty larceny in Chesapeake, VA, in January 2020. I completed 3 years of unsupervised probation and have paid all fines related to the case. How can I get my record sealed?

1 Answer | Asked in Collections and Real Estate Law for Virginia on
Q: HOA dues dispute with increased fee, communication issue

I received a collection agency notice from an attorney regarding missed dues payments for my HOA in Suffolk, VA. The original amount of $242.76 increased to $775.71, and the HOA refused to accept the original payment, directing me to deal with the collection attorney instead. They claim our account... View More

Richard Sternberg
Richard Sternberg
answered on Apr 17, 2025

The legal fees to resolve the dispute will exceed the value of the disputed amount. Then, you might lose.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Virginia on
Q: Is owning a forced reset trigger (FRT) legal in Virginia?

I am wondering if I can legally own or possess a forced reset trigger (FRT) in Virginia without an FFL or special license. According to Virginia Code § 18.2-308.5:1, possessing a "trigger activator" is illegal. However, section D mentions exceptions for compliance with the National... View More

James L. Arrasmith
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answered on Apr 16, 2025

Virginia Code § 18.2‑308.5:1 makes it a Class 6 felony to possess a “trigger activator,” defined as any device that lets a semi‑automatic gun fire more than one shot with a single pull by harnessing recoil energy—this expressly covers forced‑reset triggers. citeturn0search0... View More

1 Answer | Asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Virginia on
Q: Does case law support claims against property management for liability and misrepresentation?

I am preparing a case against my former landlord's property management company in Virginia, citing Young v. Lambert and Kiddell v. Labowitz to support my claims regarding de facto landlord liability and breach of contract. The property management company performed all typical landlord duties,... View More

James L. Arrasmith
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answered on Apr 16, 2025

In Young v. Lambert, Virginia courts held that a management company performing all landlord functions can be treated as the de facto landlord for liability purposes. Kiddell v. Labowitz reinforces that an agent who controls rent collection, repairs, and communications owes the same contractual and... View More

2 Answers | Asked in Arbitration / Mediation Law, Contracts and Personal Injury for Virginia on
Q: I paid $800 for parking lot accident damages. Am I fully released from liability?

I caused a minor accident in a McDonald's parking lot and offered to pay for the damages. We exchanged contact information, and they provided me with a repair quote of $780 using OEM parts. I suggested using aftermarket parts for $650 and offered an $800 payment to cover their quote. Our... View More

Jan F Hoen
Jan F Hoen
answered on Apr 16, 2025

For your protection, speak with your insurance company regarding this matter.

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1 Answer | Asked in Civil Rights and Civil Litigation for Virginia on
Q: Can parents take my phone if I paid and contracted it myself?

At 15 years old, I purchased my own phone, and my name is the only one listed on the contract. I also pay for the phone myself. Can my parents legally take my phone away in this situation?

James L. Arrasmith
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answered on Apr 16, 2025

Even though you own the phone and pay for it, your parents still have authority over your living environment and can take the phone if they feel it’s necessary, especially under household rules. Since you’re a minor, they have legal rights to set boundaries and enforce consequences for behavior... View More

1 Answer | Asked in Traffic Tickets and Civil Rights for Virginia on
Q: Is it legal for an officer to change a warning to a ticket based on bystander reactions?

I was pulled over for not having a front license plate, and the officer initially said he would issue a warning. However, when bystanders began laughing, the officer changed the warning to a ticket solely because of their laughter. Is it legal for the officer to change his decision based on... View More

James L. Arrasmith
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answered on Apr 16, 2025

Yes, an officer has the legal authority to issue a citation for a traffic violation, even after initially saying they would give a warning. However, changing the decision solely because of bystander reactions—like laughter—raises concerns about professionalism and the true intent behind the... View More

3 Answers | Asked in Immigration Law for Virginia on
Q: Marriage certificate recognition in US and visa options

I am a US citizen planning to marry a Yemeni citizen in Egypt. The Egyptian embassy isn't accommodating any marriage certificate notary appointments. If we get the marriage certificate notarized at the Yemeni embassy in Egypt, will it be recognized in the US, particularly in Maryland?... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 14, 2025

So the US immigration service will recognize any marriage performed anywhere in the world as valid, as long as the marriage where performed, is recognized as valid. So if there seems to be any doubt that the service and ceremony that will be performed in the country in the Middle East will be... View More

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Virginia on
Q: Is a $125 maintenance deductible legal in a Virginia lease?

I'm in the process of negotiating a lease for a rental property in Northern Virginia, where the landlord has included an additional term requiring a $125 maintenance deductible for "all maintenance items." I'm concerned because the term is vague and could imply I have to pay... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Virginia, it is legal for landlords to include maintenance terms in leases, but the terms must be clear and reasonable. A $125 maintenance deductible for "all maintenance items" could be problematic if it’s vague and doesn’t specify whether it applies to repairs not caused by the... View More

1 Answer | Asked in Military Law and Criminal Law for Virginia on
Q: Chances of obtaining concealed carry permit in VA with other than honorable discharge.

I am interested in obtaining a concealed carry permit in Virginia. I received an "other than honorable" discharge from the military over 40 years ago, but not a dishonorable discharge. I have not applied for a permit before and have not received any legal advice on this matter. My gun... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Virginia, the process for obtaining a concealed carry permit involves several factors, and having an "other than honorable" discharge can affect your eligibility. However, since you mentioned that your gun rights have been restored and you have no criminal history since your discharge,... View More

1 Answer | Asked in Collections and Civil Litigation for Virginia on
Q: How can I challenge a garnishment from a 2016 judgment I was unaware of due to notice sent to the wrong address?

I recently learned of a garnishment on a judgment entered against me in October 2016, which I was unaware of because the notice was sent to an old address. I have a lease from July 2016 showing a different address at that time. My employer was the first to notify me, and I have no details on the... View More

James L. Arrasmith
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answered on Apr 13, 2025

If you didn’t receive proper notice of the judgment, you may be able to challenge it by filing a motion in the court that issued the judgment. In your motion, you’ll want to explain that you never received notice because the summons or court documents were sent to an address where you no longer... View More

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Virginia on
Q: Joint custody issues in Virginia affecting child emotionally.

I have joint legal custody of my 11-year-old son according to a custody agreement established in Virginia, where I have him every other weekend. However, my ex, who lives next door, sometimes keeps him from coming over, especially when she's upset with me, or sends him elsewhere. This behavior... View More

James L. Arrasmith
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answered on Apr 13, 2025

It sounds like your ex’s actions are causing emotional harm to your son, which is a serious concern. Since you have joint legal custody, your ex is required to follow the custody agreement. If she is preventing your son from coming over or sending him elsewhere without a valid reason, this could... View More

1 Answer | Asked in Medical Malpractice, Personal Injury and Business Law for Virginia on
Q: Heart stent left in artery, health and work impact?

I had a heart stent procedure on April 9, 2025, during which a stent was left hanging in an artery. The doctors are unsure about the potential consequences for my health, such as a sudden life-threatening event, future medical expenses, or the possibility of never working in my field again due to... View More

James L. Arrasmith
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answered on Apr 13, 2025

First and foremost, it’s important to continue seeking medical care to understand the full extent of the potential risks related to the stent being left in your artery. You may want to get a second opinion or ask for further tests to assess how this might affect your health in the long term.... View More

3 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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1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: Court tomorrow for driving on suspended license. Should I plead guilty? How to get legal representation?

My court date is tomorrow for driving on a suspended license in Rockingham County, VA. The license was suspended due to a speeding ticket and the requirement to complete a driver's improvement class, which I was unaware of. I didn't receive the DMV's notification letter but found the... View More

James L. Arrasmith
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answered on Apr 12, 2025

You’re in a stressful situation, but you still have options—even with court tomorrow. It’s not too late to ask the judge for a **continuance** to give you time to get legal representation. Many judges in Virginia will consider this request, especially if it’s your first appearance and you... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Virginia on
Q: How to file a lawsuit for medical malpractice at Henrico County Jail?

I experienced medical malpractice while receiving wound care at Henrico County Jail from November 2, 2024, to January 31, 2025, and again from March 19, 2025, to April 4, 2025. During this time, a neglected abscess turned into an open wound in my lower left leg due to exposure to rusted metal,... View More

James L. Arrasmith
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answered on Apr 13, 2025

To file a lawsuit for medical malpractice at Henrico County Jail, you’ll first need to gather evidence of the malpractice. This includes medical records documenting the abscess, the exposure to rusted metal, the improper wound care, and any resulting infections or complications. Make sure to keep... View More

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