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Virginia Constitutional Law Questions & Answers
0 Answers | Asked in Criminal Law and Constitutional Law for Virginia on
Q: Does the defendant have a Right to Discovery? What is the difference between informal, "open file" and formal discovery?

I am having trouble with my appointed lawyer refusing to file Discovery motions according to Rule 3A:11. I am seeking exculpatory evidence, Brady material and specific items to avoid ambush at trial because I am in the dark on what is going on.

Why would a lawyer refuse to file a motion... Read more »

0 Answers | Asked in Appeals / Appellate Law and Constitutional Law for Virginia on
Q: My constitutional civil right case the judge mail memorandum and order to vacate dismissal under rule 60(b)

And reinstate civil case [ECF] filed December 14 2022 my order was mailed out may 4 did not get my mail til 19 th. What do I need to do can a appeals be filed

0 Answers | Asked in Civil Rights and Constitutional Law for Virginia on
Q: can i opt out of doing a polygraph if asked ? I was threatened with a civil case.

I have a neurodevelopmental disorder that makes me forget things and be untimely. I also have mental health issues and ptsd that causes me to doubt myself, even though I know I'm innocent. my mother has schizophrenia and has given a false positive before, what should I do?

0 Answers | Asked in Constitutional Law, Criminal Law and Domestic Violence for Virginia on
Q: Does the bipartisan safer communities act passed last yr allow those convicted of misdemeanor domestic violence to

Purchase firearms after 5 years even with the Lautenberg amendment in place?

0 Answers | Asked in Civil Litigation, Civil Rights and Constitutional Law for Virginia on
Q: Can a store ban me for having a trump shirt or trump stickers

I have trump stickers on a box I was carrying and they said I need to cover it up because someone complained or leave

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... Read 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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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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,... Read 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 Esq
Thomas H. Roberts Esq
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...
Read more »

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 Esq
Thomas H. Roberts Esq
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...
Read more »

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... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Virginia on
Q: I got arrested and they didn't read me My Rights told my attorney and she said they didn't have to
Susan Fremit
Susan Fremit
answered on Feb 9, 2022

If after arrest you were not asked any questions about the offense, the arresting officer was not required to read you your Miranda rights.

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Law and Civil Litigation for Virginia on
Q: Am I eligible for compensation for VEC Employment Commission for damages for loosing my car and house

I’ve waited almost three months I had a outstanding error on my account it took me two months to get a hold of someone in the office. Got the account fixed called again to file said my claim couldn’t be processed because of an outstanding error on my account. Now I call and after the lawsuit... Read more »

F. Paul Maloof
F. Paul Maloof
answered on Jun 16, 2021

I do not handle employment law matters. Sorry.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Virginia on
Q: My daughter was arrested at court today she had ask to fight her case they are trying to force her into signing a plee

Is that legal to knowingly give a false statement and sign when it's a lie

F. Paul Maloof
F. Paul Maloof
answered on Apr 19, 2021

I regret that I do not handle criminal law matters. Sorry.

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: Is it legal for a police officer to ask if I have any weapons on me when I'm carrying a concealed carry permit?

and if I'm doing nothing wrong? Am I allowed not to answer?

Brian S Szmak
Brian S Szmak
answered on Nov 17, 2020

It is absolutely legal for an Officer to ask you if you have any weapons on you.

If you have a CHP in Virginia, there is no affirmative obligation to inform an Officer that you are carrying a concealed weapon. You are obligated to provide your CHP & Photo ID if asked, though....
Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Virginia on
Q: How to find an attorney to represent me in a civil case (housing related, I was discriminated as a handicap owner)?

I was a new handicap homeowner in an association in Fairfax County VA. The association began discriminating against me when forced me to disclose that I was a handicap person and for a variety of unlawful reasons denied giving me parking permit so I could not park my car in the subdivision and... Read more »

F. Paul Maloof
F. Paul Maloof
answered on Oct 5, 2020

To find a local attorney for your case, you should call the local Bar Association on the city/county in which you reside. Ask for the lawyer referral service.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Virginia on
Q: Hi, I am searching a Pro Bono or an affordable lawyer for an Habeas Corpus!

No one ever comes back to me. It would be a Habeas Corpus for Ineffective Assistance of Counselling. I am searching for a lawyer who can do some Pro Bono work and some paid work, I am fine with this either. You need to be eager to fight and must have the willing to win. I want a release date, this... Read more »

Shemeka C Hankins
Shemeka C Hankins
answered on Sep 14, 2020

You can file your own Habeas Corpus motion without counsel if you need to. Depending on where you received your sentence, I would look for a lawyer who works in that area in order to assist you with what you may need to have done to potentially help you with the habeas petition and anything else... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Virginia on
Q: Is it legal to transfer someone across state lines in reference to a civil case without any extradition hearing?

I have filed a Habeas petition in the 4th circuit on this issue. See Hommel v. Unknown, et al. I was civilly commited in virginia in 2007, but never was commited, as the order was stayed. Instead i was transfered to Federal custody in the northern district of ohio where i served approx. 10.9... Read more »

F. Paul Maloof
F. Paul Maloof
answered on Jul 1, 2020

I regret that I do not handle criminal law matter. Sorry.

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