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Virginia Civil Rights Questions & Answers
0 Answers | Asked in Child Support, Family Law, Appeals / Appellate Law and Civil Rights for Virginia on
Q: Greetings! My brother is locked up because of child support and his lawyer has yet to reach out to him what can I do

The lawyer has not returned any calls and he has no clue as to what’s happening. Letters have been sent and thirty or more calls made but nothing. When my mom tried to find out she became nasty stating she is not the client. However she has not reached out to him. What would be the course of... View More

1 Answer | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for Virginia on
Q: Do we have a case against anyone(county, title company, pervious owner)?

When we bought our property we did a title check to make sure there were no restrictions with the property, come to find out there seems to be an easement that was filed with the county a year after we had bought it. however it seems to have been drafted months before we bought the property, do we... View More

Anthony M. Avery
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answered on Nov 6, 2024

Hire a VA attorney to search the title, and examine closely that recorded easement. If easement is for road improvement or maybe an underground utility system, probably no damages. Title companies rarely have a duty to anyone, but might get hit for negligence (again doubtful). Have an... View More

1 Answer | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Municipal Law for Virginia on
Q: How can I challenge Oakllands blight ordinance for 20 years I have been harrassed unjustly by tbuilding inspection dept.

Ever since I pulled Owner Builder permits to put A new foundation under my home, I have been targeted by the permit dept. Unfairly. I have lived in Oakland since the 1980's prior to pulling permits I had NEVER been questioned or targeted by Oaklands fledgling blight ordinance inspectors, Ever... View More

James L. Arrasmith
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answered on Oct 19, 2024

I'm sorry to hear about the challenges you've faced with Oakland's blight ordinance. To begin addressing this issue, start by gathering all documentation related to your interactions with the building inspection department. This includes permits, inspection reports, correspondence,... View More

1 Answer | Asked in Civil Rights and Medical Malpractice for Virginia on
Q: my husband’s in Mount Olive correctional facility. He’s had a lot of health issues

The Prison doctor did bloodwork on him. Told him that everything looked good. Three days later he was rushed out for emergency surgery. He’s had a heart attack. He’s been told he had sugar problems. He had his gallbladder taken out after surgery. He had internal bleeding and yesterday his legs... View More

James L. Arrasmith
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answered on Oct 17, 2024

I'm so sorry to hear about your husband's health struggles. Start by contacting his attorney to ensure he receives the necessary medical attention and to discuss any concerns about his care. If he doesn't have legal representation, seek out a lawyer who has experience with inmate... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Virginia on
Q: Can a circuit court judge force a defendant to cease taking prescribed medications

I am on probation and have been using marijuana for many mental health issues and was prescribed medical marijuana but the court order says that I cannot use marijuana period. Is that a violation of an amendment right or something?

James L. Arrasmith
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answered on Oct 9, 2024

A circuit court judge has the authority to set conditions for probation, which can include restrictions on substance use. Even if you have a prescription for medical marijuana, the court may prohibit its use if it conflicts with the terms of your probation. Violating these conditions can result in... 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
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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

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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

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: Arlington Treasurer seized my car under va code 58.1-3919 but NO NOTICE was served nor given. 1. Is that a violation of

Arlington Virginia Treasurer seized my car under va code 58.1-3919 but NO NOTICE was served nor given. 1. Is that a violation of the code? 2. Is a seizure and distress unconstitutional due to the fact that i can not be deprived of life liberty or my private property without due process and a jury... View More

James L. Arrasmith
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answered on Aug 31, 2024

If your car was seized without any notice under VA Code 58.1-3919, this could potentially be a violation of due process, which is a fundamental right protected by the U.S. Constitution. Due process generally requires that you receive notice and an opportunity to be heard before your property is... View More

1 Answer | Asked in Estate Planning, Civil Rights and Government Contracts for Virginia on
Q: At age 16: Should I start thinking about creating a Power of Attorney and a Living Will for when I turn 18 years of age?

I have done much reading on these two documents.

1. The Power of Attorney grants authority and control of my personal affairs during my incapacity, if durable and may control any affairs that I grant a Power of Attorney to handle.

2. A Living Will is essentially my health orders... View More

James L. Arrasmith
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answered on Jul 27, 2024

It's wise to start thinking about these important documents. Preparing a Power of Attorney and a Living Will when you turn 18 can give you peace of mind and ensure your wishes are respected in case of an emergency.

A Power of Attorney lets you choose someone you trust to manage your...
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1 Answer | Asked in Civil Rights, Medical Malpractice, Health Care Law and Lemon Law for Virginia on
Q: Medical Form for being stopped by state police with an invalid state inspection sticker dmv Va.

State Inspection completed.

Traffic Case Dismissed by Judge (Isle of Wright County). (May 1, 2024)

Medical form filled submitted May 2, 2024.

No word on dmv decision.

James L. Arrasmith
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answered on Jul 28, 2024

It sounds like you're dealing with some frustrating circumstances. You were stopped by the state police for having an invalid state inspection sticker, but you've since had the inspection completed. The good news is that your traffic case was dismissed by a judge on May 1, 2024, in Isle... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Virginia on
Q: Decision for Rahimi v United States, is a LIFETIME firearms ban now considered unconstitutional? (Read Details)

In the decision it is stated:

"In Heller, McDonald, and Bruen, this Court did not “undertake an exhaustive historical analysis . . . of the full scope of the Second Amendment.” Bruen, 597 U. S., at 31. Nor do we do so today. Rather, we conclude only this: An individual found by a... View More

James L. Arrasmith
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answered on Jun 21, 2024

This is a complex legal question that touches on recent developments in Second Amendment jurisprudence. I'll break down the key points and provide some analysis, but please note that this is a rapidly evolving area of law, and you should consult with a licensed attorney for the most up-to-date... View More

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Virginia on
Q: Am I able to sue the court/county/police/my lawyer?

I was never able to present my evidence & my lawyer never answered my emails/calls he just worked out a plea deal and told me to agree. Since this the police has blocked who made claims against me from doing so again for false claims, I did not qualify for mental health & the case will be... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, you may have some legal options, but pursuing them successfully could be challenging. Let's break down the potential avenues you might consider:

1. Suing the court/county:

Generally, courts and government entities have sovereign...
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1 Answer | Asked in Civil Rights and Employment Law for Virginia on
Q: I had death in my family, I’m assistant manager for Freddy’s. Do I have to use my PTO or Bereavement leave?

This family member was very close to me. I don’t have sick time only PTO and my boss makes me use my PTO for days that I try calling out for. I thought no matter if your hourly or salary. You can still call out.

James L. Arrasmith
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answered on Jun 15, 2024

I'm sorry for your loss. In many companies, employees are entitled to bereavement leave, which is separate from PTO. This leave is specifically for taking time off after the death of a family member.

You should review your company's bereavement leave policy in the employee...
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1 Answer | Asked in Personal Injury, Civil Rights, Health Care Law and Medical Malpractice for Virginia on
Q: I am a patient at an OTP that has consistently refused to accommodate my disability.

I have pelvic floor dysfunction & a neurogenic bladder, both federally protected disabilities, which affect my ability to provide “on-demand” urine samples at my methadone clinic. For 5 years, they have refused to offer alternative testing methods. As a result, I’ve been forced to strain... View More

James L. Arrasmith
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answered on Jun 3, 2024

It sounds like you are facing a difficult and unfair situation at your methadone clinic. Given your federally protected disabilities, the clinic is required to provide reasonable accommodations under the Americans with Disabilities Act (ADA). This includes offering alternative testing methods that... View More

1 Answer | Asked in Employment Law and Civil Rights for Virginia on
Q: Can a employer tell you who you can be friends with out side of the work place

My son in law is a manger of a garage and his employer is trying to get him to sign a paper that he can't be friends with a employee out side of the work place

James L. Arrasmith
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answered on Jun 3, 2024

No, an employer generally cannot dictate who you can be friends with outside of the workplace. Personal relationships outside of work are typically considered private and not subject to employer control, provided they do not interfere with your work performance or create conflicts of interest.... View More

1 Answer | Asked in Divorce, Child Custody, Child Support, Civil Rights and Family Law for Virginia on
Q: what are the stipulations of a capias order being recalled in circuit court
James L. Arrasmith
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answered on Jun 3, 2024

To have a capias order recalled in circuit court, you need to take specific steps. First, you or your attorney must file a motion to recall the capias with the court that issued the order. This motion should clearly explain why the capias was issued and provide any justifications or evidence that... View More

2 Answers | Asked in Criminal Law and Civil Rights for Virginia on
Q: How long does the state have to get you to court on Preliminary hearing on felony charges
David G. Parker
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answered on May 14, 2024

There is no statutory limitation governing the time it takes for the Commonwealth of Virginia to go forward with a preliminary hearing; however, the Code does regulate the timeline for trials once a felony case makes its way to the Circuit Court for trial.

That being said, a judge of a...
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2 Answers | Asked in Civil Rights, Medical Malpractice and Personal Injury for Virginia on
Q: What would you call it when you're in the er for treatment yet the doctor dismisses your pain and won't do xrays?

I was also adequate hydration for being dehydrated. And the cutting of of my clothes at least an hour later and still did nothing for the injuries. The next shift had to help me get dirty out of my wounds. I was sedated asking questions about my treatment

Gail N. Friend
Gail N. Friend
answered on May 2, 2024

Generally there is an approximate 2 year statute of limitations for bringing a lawsuit. Based on the information you provided you need to talk with a medical malpractice attorney. Suggest that you or someone on your behalf immediately use this website to search for a "medical malpractice... View More

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1 Answer | Asked in Products Liability, Civil Litigation, Civil Rights and Probate for Virginia on
Q: Is there a way to mail in title to seller without meeting them

Seller bought the car and I’m trying to give them the title without meeting them in person

Tim Akpinar
Tim Akpinar
answered on May 4, 2024

A Virginia attorney could advise best, but your question remains open for a week. You could look into sending it certified mail. Also check with the local office of your DMV. Their website might offer more complete info about vehicle forms. Good luck

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