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Virginia Constitutional Law Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Municipal Law for Virginia on
Q: The city I live in charge $48 for garbage pickup 1t week. I can not opt out but a business can? Is that discrimination

Fee is unreasonable for such service. Are fees regulated anywhere?Also includes brush pickup 1 t week. City many times fails to do? Can I subtract from my bill?

James L. Arrasmith
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answered on Mar 4, 2024

The fees for garbage and brush pickup services, as well as the policies regarding who can opt out, are typically determined by local government regulations. The ability for businesses to opt out of such services while individuals cannot may be based on different service needs or contracts between... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Virginia on
Q: Who are the West Virginia attorneys answering questions on this here forum?
James L. Arrasmith
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answered on Feb 22, 2024

Justia is primarily a website offering legal information, content, and forms, rather than direct attorney-client advice or acceptance of cases. Feel free to browse this website to find the West Virginia attorney that suits your needs.

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Virginia on
Q: Can law enforcement stop you from seeking legal advice during there investigation?

Can law enforcement use the surveillance to harass, intimidate, cause official oppression during their investigation? If they do which rights have they violated? Can law enforcement use surveillance to harass, intimidate, cause official oppression?

James L. Arrasmith
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answered on Jan 27, 2024

Law enforcement cannot legally prevent you from seeking legal advice. Your right to consult with an attorney is protected under the Sixth Amendment, which guarantees the right to counsel in criminal prosecutions. If you're involved in a criminal investigation, you have the right to speak to an... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Virginia on
Q: Do I have a case against the police department for being put in handcuffs with six guns drawn on me for shooting bbgun?

I was teaching girlfriend how to safely shoot bbgun twords the woods,when someone reported us and even after cooperating and voicing it was only a toy with my hands in air they drew 5 guns one to my head in the middle of the street in broad daylight in front of all my neighbors.

James L. Arrasmith
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answered on Dec 9, 2023

In considering a case against the police department for their response to you shooting a BB gun, several factors need to be evaluated. The police response, including drawing weapons and handcuffing, is typically assessed based on the reasonableness of their actions given the circumstances they... View More

2 Answers | Asked in Criminal Law, Constitutional Law and Health Care Law for Virginia on
Q: How are a spouse's gun rights affected by involuntary detention for mental health?

My spouse was involuntarily committed for mental health several years ago. He is planning to petition for restoration of his right. If he is denied, can I legally purchase a gun as long as I keep it in a biometric safe that he cannot access? Do I have any alternatives so that my right is not... View More

David G. Parker
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answered on Nov 27, 2023

Your rights are not infringed by the statutes governing your spouse. That being said, you ought to take reasonable precautions to secure any firearms so that your possession of them is exclusive and is not a de facto possession by your spouse. It sounds like you are on the right track, both in... View More

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1 Answer | Asked in Constitutional Law and Criminal Law for Virginia on
Q: In VA, is it legal for a person 18-20 years old to conceal carry a pistol/handgun in this specific situation?

I understand that in Virginia, a person must be 21yo to obtain a Concealed Carry Permit. However, if someone over 21yo with a VA Concealed Carry Permit gifts a pistol to their wife/girlfriend who is 18-21yo, can the wife legally conceal carry that pistol at her place of business if the property... View More

James L. Arrasmith
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answered on Nov 18, 2023

In Virginia, the law regarding concealed carry is clear that individuals must be at least 21 years old to obtain a Concealed Carry Permit. Without such a permit, a person aged 18-20 cannot legally carry a concealed handgun in public places or at their place of employment, even if it's private... View More

1 Answer | Asked in Child Custody, Constitutional Law and Family Law for Virginia on
Q: I made an offer of custody with 5 major points can the responder only act on one? Without accepting all other points
James L. Arrasmith
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answered on Nov 5, 2023

In custody negotiations, if you propose an agreement with multiple points, the other party is not obligated to accept all terms as presented. They may choose to agree to some points while rejecting or wishing to negotiate others. Each point can be independently considered and negotiated. It's... View More

2 Answers | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for Virginia on
Q: I have filed a VA state civil case. I am being stonewalled! At this point...I would like to file it; in federal court.
T. Augustus Claus
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answered on Oct 23, 2023

If you're facing challenges with a civil case in Virginia and are considering moving it to federal court, it's essential to determine whether your case qualifies for federal jurisdiction. To do this, you'll need to file a removal petition, outlining the reasons for the transfer and... View More

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Q: One parents right get terminated the other gets full custody can the one parent allow the other to see kids

When the parent that's has custody never lets the one that don't see them unsupervised

James L. Arrasmith
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answered on Nov 5, 2023

If one parent's rights have been terminated, legally they would not have any inherent rights to visitation or custody of the children. The parent with full custody has the discretion to allow the other parent to see the children, but this is a personal choice and not a legal obligation. Should... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Virginia on
Q: If I get arrest and in jail and the police are searching my house with a warrant. Should I give them the code to a safe?

Or would giving them the code show that I’m aware of what’s in the safe and be used against me? Also should police even be asking me for the code since I’m already in jail and haven’t read me my rights?

James L. Arrasmith
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answered on Oct 15, 2023

While the police may ask for the code to the safe during a lawful search, you have the right to remain silent and consult with an attorney. It's crucial to seek legal counsel to make informed decisions that protect your rights and interests.

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: The police knowingly questioned a heavily sedated patient and used it against them in court. Hospital/police at fault?

On pure suspicion, an employee suspected drugs were brought into hospital, even tho patient was on fentanyl IV every 6 hrs. The employee physically attacked patient and grabbed paper thinking it was drugs and ran away. Before any discussion, the person thought to have brought it was searched and... View More

James L. Arrasmith
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answered on Oct 15, 2023

From the information provided, there are potential issues with the actions of both the hospital and the police. First, questioning a heavily sedated patient could be a violation of the patient's Fourth Amendment rights against unreasonable searches and seizures, especially if the patient was... View More

Q: Can a Federal agency hire a vendor to do something the agency isn't allowed to do?

If a Federal agency feels it is in the best interest of the government to take an action, but it is not authorized to take such action, is it legal for the agency to hire a contractor to perform that action? If the agency feels it would be in the best interest of the nation, but the action would be... View More

James L. Arrasmith
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answered on Oct 15, 2023

In the United States, federal agencies operate within the bounds of statutory authority and regulations. They cannot take actions that are not authorized by law or regulation, even if they believe it may be in the best interest of the government or the nation. If an agency wishes to undertake an... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Virginia on
Q: Passenger of car pulled over but no charges pressed can they search passengers and arrest for drug possession?

I was a passenger in a car that was pulled for theft but not reported stolen, owner was reported missing by his father, can the police legally search and/or detain thepassengers or occupants of vehicle and charge the passengers or honestly, could be said to be abducted occupants who were forcefully... View More

James L. Arrasmith
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answered on Oct 15, 2023

In general, if the police have probable cause to believe there is evidence of a crime in a vehicle, they can search the vehicle without a warrant. This can include searching areas accessible to passengers. However, simply being a passenger in a vehicle doesn't automatically give police the... View More

Q: I need to talk to someone about a case where an inmate's constitutional rights and due process are being violated. Pleas
T. Augustus Claus
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answered on Jul 7, 2023

I'm sorry to hear about the situation. If you believe that an inmate's constitutional rights and due process are being violated, it is important to seek legal assistance from an attorney who specializes in civil rights or criminal defense. They can provide guidance and advice based on the... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Constitutional Law for Virginia on
Q: I want to ask a judge to change a court order made in a plea agreement years ago; can I use the Motion to Amend/Review?

It was a plea agreement from DUI to "wet reckless" with one of the conditions being to take ASAP before getting my license back. I am unable to take ASAP for financial reasons, can't secure employment, and this is holding me back from life progression.

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on May 3, 2023

You will most likely have no success in doing that because it was plea between you and the Commonwealth which is basically a contract. Additionally, you are well beyond the time to appeal or reopen your case.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Virginia on
Q: If I am to challenge the lawfulness of an arrest in Virginia, is this done during the jury trial or before trial?

My PD claimed we are not to raise motion to suppress/strike/dismiss to challenge an unlawful arrest before trial, but let the jury decide during trial. I quoted §19.2-266.2. Defense objections to be raised before trial; hearing; bill of particulars, yet he still rejected and denied. If I am to... View More

Brian M. Latuga
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Brian M. Latuga
answered on Mar 20, 2023

If it is a challenge to reasonable suspicion, probable cause, or other constitutional challenge then that is a pretrial motion under the statute you cited.

1 Answer | Asked in Constitutional Law for Virginia on
Q: if i film someone on public property can I be arrested if I am under 18
James L. Arrasmith
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answered on Mar 11, 2023

The answer may depend on the specific laws of your state or country, but generally speaking, it is legal to film someone in a public place as long as they have no reasonable expectation of privacy. However, if you are under 18, there may be additional legal considerations related to consent,... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: Can a Mexican hire a USA lawyer to file a civil judgment against a United States citizen in the usa
Thomas H. Roberts
Thomas H. Roberts
answered on Aug 6, 2022

Sure. The suit would have to be filed in a US court having both subject matter jurisdiction and jurisdiction over the defendant. Additionally, the suit should be filed in the proper venue.

The response above is a general statement of law and is NOT intended to be legal advice to you nor...
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1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: If the police tryna make me testify for a jury trial In I don’t want to what can I do

I dont wanna be label a snitch I don’t wanna go to court

Thomas H. Roberts
Thomas H. Roberts
answered on Aug 6, 2022

1st - If your testimony may incriminate you, you have a right to plead the 5th Amendment.

2nd - Living in a society that values trials rather than summary convictions and executions puts a shared responsibility upon citizens to participate in this process. If you have relevant information...
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1 Answer | Asked in Criminal Law and Constitutional Law for Virginia on
Q: 8 years ago, released from Tennessee without home plan or transfer of custody. Has been non-extraditable. Arrested now

Was in an atv accident with my daughter and a virginia state police charged me with reckless endangerment of a minor (no) and persuaded tennessee to extradite. I have not had my court date for the infraction to plead not guilty to this charge.

Susan Fremit
Susan Fremit
answered on Jun 9, 2022

It appears that Tennessee issued a warrant of extradition for a misdemeanor which is usually non-etraditable and the VA State police were simply following up that. You may want to ask your former Tennessee attorney for advice on what is going on there. Also advise that attorney that you want to... View More

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