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Virginia Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Virginia on
Q: Is there a way my ex-girlfriend could go to the police station or magistrate after already filing assault and battery

I work for the federal govt and have to maintain a security clearance. My ex-girlfriend assaulted me and I didnt call the police. The people who were there that witnessed it did. I told the police what happened and declined to press charges. Obviously the commonwealth picked it up and in between... View More

Susan Fremit
Susan Fremit
answered on Jan 25, 2017

Unfortunately, she could be charged with misleading an investigation. When her attorney tells her this, she is not likely going to want to risk being charge with a criminal offense "coming clean". Even if she did come clean, the Commonwealth may feel that she is being "pressured to... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Virginia on
Q: My husband got arrested last night because a friend called he police and he has no record. What will likely happen?

We were arguing and I was in the bathroom. I remained in contact with my friend and he asked if the police were needed and said no. He panicked because he hadn't heard from me. My husband also tried to get into the bathroom and while in the bedroom he shot his airsoft rifle. Sone of the... View More

Steve Miyares
Steve Miyares
answered on Jan 15, 2017

Your husband should consult and retain an attorney. If he can not afford an attorney and qualifies as indigent with the court, then when he appears for his arraignment he can request a court appointed attorney. Your question does not say exactly what he has been charged with, but there are a... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Virginia on
Q: Does an inmate have a right to know his release date and what good time he has earned?

The department of Corrections is refusing to provide information on time served and information on good time served since the charges for the inmate ran consecutively with another charge which I believe has been completed

Susan Fremit
Susan Fremit
answered on Oct 16, 2016

Yes, an inmate should be told when his or her release date is. The Dept. of Corrections often is slow about this, due to a number of factors, not the least of which, is getting information from the state system. I have found that if I make a call to DOC on behalf of my client, things get moved... View More

2 Answers | Asked in Constitutional Law and Criminal Law for Virginia on
Q: Why is implied consent waived if the police get a search warrant to draw blood?

The department of forensic science has refused to follow the Court's order to send my 2nd blood vile to an independent lab claiming that because the blood was not drawn pursuant to implied consent, they dont have to. Consent was given at the hospital for the blood draw but the officer went and... View More

Susan Fremit
Susan Fremit
answered on Sep 18, 2016

Your lawyer needs to file the appropriate paperwork with the court. Then the court orders DFS to transfer the second vial to the named lab.

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1 Answer | Asked in Car Accidents, Civil Rights, Constitutional Law and Criminal Law for Virginia on
Q: Is a police officer or department liable for damages, injuries or even death that after a vehicle pursuit is terminated?

If an officer chooses to stop a pursuit due to a potential policy violation but the suspect then continues to flee and ultimately causes damage, injury or death to civilians is the officer or department liable?

Peter N. Munsing
Peter N. Munsing
answered on Jul 1, 2016

I don't see the case, but in any event the coverage issues as to the criminal's car will require advice and the family should seek direct advice from a member of the Virginia Trial Lawyers Assn.

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Criminal Law for Virginia on
Q: I'm looking for an Attorney’s for a Rico Case?

My Case is in Albemarle Court.. I need to appeal to Supreme Court asap

Gary D. Godman
Gary D. Godman
answered on Jun 8, 2016

You'll have to call around to attorneys in and near the area to review your case and offer insight into the viability of any appeal. Use this website or do a general internet search. Good luck.

1 Answer | Asked in Civil Litigation, Criminal Law and Constitutional Law for Virginia on
Q: Is it legal to have a trial without a jury if no waiver was signed in Virginia?
Gary D. Godman
Gary D. Godman
answered on May 13, 2016

An oral waiver of a jury should be sufficient to proceed with a bench trial (judge only). It would help to know more about what type of case your are discussing (civil or criminal). If the person asking has/had an attorney, and if the trial has not taken place yet, he/she needs to discuss it with... View More

1 Answer | Asked in Constitutional Law for Virginia on
Q: Does an officer have the right to stop me on the street and do a cavity search

I was detained without explanation searched my pocket and searched analy in the street

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 12, 2015

Right? No. Power? It is abused frequently.

1 Answer | Asked in Constitutional Law for Virginia on
Q: Is a Supreme Court judicial opinion enforceable?
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 12, 2015

In that case, yes. It should be followed in other cases.

1 Answer | Asked in Constitutional Law for Virginia on
Q: Father read through text messages and sent them, invasion of privacy?

So my best friend and I have been inseparable until their parents started having a disliking towards me and my family. We are both 19 and go to different schools. A lot of things happened and my best friend ended up getting kicked out of his home because his dad doesn't approve of me of my... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 22, 2015

Does the friend have the ability to hire an attorney if it is an invasion of privacy? Research needs to be done just to find out.

1 Answer | Asked in Constitutional Law for Virginia on
Q: Is it legal to own a handgun at 18, if a family member gave it to you?
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 28, 2015

Probably.

1 Answer | Asked in Constitutional Law for Virginia on
Q: hey man wats virginia constitution i need it for class???
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 8, 2015

It is the supreme law of Virginia.

1 Answer | Asked in Constitutional Law for Virginia on
Q: is there any case law on no right to privacy on facebook?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 10, 2015

You are asking us to do research, that takes time and is not free.

1 Answer | Asked in Constitutional Law for Virginia on
Q: Can a hoa prevent members from voting
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 10, 2015

Why have you asked this in the Constitutional Law forum? Read the bylaws and all other relevant corporate documents. Go see an attorney.

1 Answer | Asked in Constitutional Law for Virginia on
Q: Is it illegal for me to buy a hand gun if someone that lives in the same house as I do has a prior felony?

I've never been in trouble withe the law and I actually worked for the US Dept. of Justice and still hold my security clearance. My sister got into trouble about 13 years ago in Michigan and my stepfather also had legal trouble and also has a past felony on his record. Neither felonies are... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 14, 2015

No, it is not illegal for you to purchase a handgun, and the people you are around cannot violate your 2nd amendment rights. Do you really want to take even the slightest chance that they can be charged with another serious felony?

1 Answer | Asked in Constitutional Law for Virginia on
Q: My boyfriend died in prison from lack of medical care do we have a case?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 14, 2015

Not based upon what you wrote.

1 Answer | Asked in Constitutional Law for Virginia on
Q: What is virginias law on providing identity to law enforcement
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 14, 2015

Unless an attorney already knows the answer to this overbroad question, he will have to do research and at least look up the statute and the cases under the statute. That is not done for free on the internet. It is not a basic legal question.

1 Answer | Asked in Constitutional Law for Virginia on
Q: Do I need a lawyer to get my 75Million Federal Litigation Suit/Trial on "In Session",
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 14, 2015

Yes, lawyers are necessary for cases like this.

1 Answer | Asked in Constitutional Law for Virginia on
Q: In the Common Wealth, which court hears and adjudicates writs of habeus corpus, corum nobis, and corum vobis? Appellate?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 14, 2015

Look this up in the Rules of Court perhaps, or in a local law library. You might even be able to get an answer on the internet.

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