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 
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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
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
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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
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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
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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
When the parent that's has custody never lets the one that don't see them unsupervised
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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
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?
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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.
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
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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
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
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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
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
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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
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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
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.
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.
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
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.
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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
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... View More
I dont wanna be label a snitch I don’t wanna go to court
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... View More
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.
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
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.
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... View More
Is that legal to knowingly give a false statement and sign when it's a lie
and if I'm doing nothing wrong? Am I allowed not to answer?
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.... View More
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