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
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... View More
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.
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... View More
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... View More
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... View More
If you are arrested by a police officer and the officer says that you have been indicted by the grand jury do they still have to read you your Miranda Rights
answered on May 8, 2020
One has nothing to do with the other. Indictment by a Grand Jury results in a charging document. Miranda rights are required after a custodial arrest and questioning about the subject of the arrest. A police officer can make an arrest on an indictment and simply not ask any questions about the... View More
Recently I received an email from a paralegal asking if I’d recieved a check. A PDF was attached with a partition sale documents showing my final proceeds to be about 1.5% of my perceived value of the land that had been in my family for decades; after expenses. About 2 years ago my 2 sisters has... View More
answered on Jan 13, 2020
It is unlikely that you can reverse the process at this late stage, and it will be useful to understand why you ignored the issue so long. But, in many circumstances, Virginia law in partition rulings is not final for two years after the final order. That might help, but you need to start... View More
My dbids access card was recently flagged for something that happened 27 years ago in Salinas CA. Im honorable discharged Combat Veteran of 23 years. I work on base at fort eustis, VA.
answered on Dec 27, 2019
I regret that I do not handle military base access card matters. Sorry.
The law about petitioning the court to do this is DIRECTLY against 2nd amendment and COSTLY to those not financial able. PLEASE HELP I do NOT want to BRAKE the law or get in trouble. The courts in HANOVER county are NOT exactly law abiding characters who uphold the law and don't care for the... View More
answered on Dec 19, 2019
You lost your rights when you received a felony in the state of Virginia. Nothing is absolute. You have to go through the petition process after your civil rights are restored by the governor. If you have had those rights restored, you petition the circuit court of the county/city where you live.... View More
Ik it seems like a silly question but better to be safe than sorry
answered on Dec 12, 2019
I'm sorry for your friend's ordeal. Unless the possessions are very valuable, he is probably better off just getting stuff out for safekeeping as quickly as possible before further damage instead of losing time from work or school in court. Good luck
Tim Akpinar
investigate certain entities and activities, and while it is fairly broad, it does have some restrictions. I am just a dumb electrical engineer trying to understand aspects of the constitution, but I am trying.
answered on Oct 16, 2019
It's not one of the enumerated powers in Article One, Section 8 (i.e., collecting taxes, borrowing money, establishing post offices, maintaining a navy, etc.). It's inherent and implied in its powers to investigate matters.
Tim Akpinar
answered on Oct 11, 2019
A city or state has no duty to enforce federal law. The feds are free to send their own agents to enforce their own laws ... except they don't have enough and nobody wants to pay the huge tax increase that would be undoubtedly be required to hire a couple million more government workers...
answered on Feb 16, 2019
One option is to check with the Virginia State Bar's Lawyer Referral Service.
Tim Akpinar
I went to Circuit Court in front of the judge and they put it under advisement for 1 year under the conditions that I pay my court fines, do my year of probation, and 100 hours community service. I was told that if I completed that abd came back for review that the charge would be reduced to a... View More
answered on Jan 22, 2019
You need to speak to your attorney regarding what you need to do to try to avoid a felony conviction, which will remain on your criminal record for life. Start your community service hours immediately. Speak to your attorney about the possibility of converting your court costs to community... View More
answered on Mar 30, 2018
It comes down to the very specific information and portrayals depicted in the tv program, but 99.9% of the time: no. As long as the information presented is truthful, or at least based on a reasonable belief that it's truthful (ex: sources that appear reliable), any depiction is fair.... View More
He asked if he could search because of marijuana smell, i said no you’re wrong there no smell i do not smoke it nor has it been smoked and he asked again tonsearch it i say no i have an appointment, then have to get my girlfriend from work. He asks again and i say to bring a drug sniffing dog so... View More
answered on Mar 5, 2018
I do not handle criminal defense cases. Sorry. I cannot assist you.
answered on Dec 13, 2017
While most police officers will read a person their Miranda rights as soon as they are being arrested, this is not required. The Miranda warnings apply to situations where the person is in police custody and is being questioned by police. So the police are not required to give Miranda warnings... View More
I am in the weekender program serving 10 weekends (20 days) for a second DUI conviction. I was "misplaced" in the detox room when I was supposed to be in the suicide watch cell, though I am not suicidal, and have no history of mental illness, or poor mental health. I was left in the... View More
answered on Jan 7, 2018
You need to consult with an attorney that specializes in what are called "1983" actions. You should act soon, there are certain strict time limits that may apply.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
