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Virginia Questions & Answers
1 Answer | Asked in Employment Law and Sexual Harassment for Virginia on
Q: I was fired for violation of harassment free workforce. We have no policy around employee relationships.

I was in a mutual relationship with my employee. The relationship started once she was transferred to me and on a final written warning. After she transferred to me, she started to really excel and her attendance was immediately better. So I gave her more flexibility within the workplace. I did get... View More

Dash Radosti
Dash Radosti
answered on Oct 9, 2024

Listen, and I say this from a place of love, but part of being a lawyer is giving people tough advice. Based on what you are saying above, the behavior may have been highly inappropriate.

First, unless you belong to a union or have an employment contract like a tenured professor, you are...
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1 Answer | Asked in Traffic Tickets for Virginia on
Q: May 2024 I was given a Ticket for speeding (Milton, GA - Fulton County). I have a Alabama Drivers License. Clean Drivi

June 2024 I was given a Ticket for speeding (Milton, GA - Fulton County).

I have a Alabama Drivers License. Clean Driving Record.

July 2024, went to court, told the court twice I'm having financial problems and cant pay this fine. They gave the opportunity to complete Non... View More

Daniel P Leavitt
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answered on Oct 5, 2024

I think you posted this in the wrong state. If you got the ticket in Georgia you needed Georgia attorney.

In Virginia this would not go well at all. The judge would view it as making excuses. But if your ticket is in Georgia then you need to talk to somebody there.

1 Answer | Asked in DUI / DWI for Virginia on
Q: I live in Va I got arrested in 2016 in nc I was never charged or went to court it’s now 2024 what can they do to me now?

I’m trying to get my va license and the have put a stop on me from getting my license

Daniel P Leavitt
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answered on Oct 4, 2024

It sounds like you have something outstanding in North Carolina. You're going to want to find what's holding you up from getting a license in Virginia. It sounds like you have a charge but you're going to have to do investigating in North Carolina.

2 Answers | Asked in Traffic Tickets for Virginia on
Q: I just wanted too know what I will be facing going too court on Tuesday for reckless driving second offense have -11

I just wanted too know what I will be facing if I was too go too court without a lawyer I just got off driving probation and my points is -11 and my speed was 79/35 and I went too get my car calibrated it was off by one and I took a class so my points went down too -11 it was -16 at first

Daniel P Leavitt
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answered on Oct 3, 2024

They're probably not going to reduce it for you. And you might get some jail time. You haven't approached at the correct way. There's a better way to approach that. But honestly, a case like that requires good legal representation because you've got a pretty bad driving record... View More

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2 Answers | Asked in Traffic Tickets for Virginia on
Q: I need help on deciding if too get a lawyer or not
Daniel P Leavitt
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answered on Oct 22, 2024

Generally it's best to have a lawyer if you're charged with a misdemeanor or felony. And sometimes even traffic violations can result in job loss, license suspensions or greatly increased insurance. It's usually best to have an attorney if you can afford it but if you're not... View More

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1 Answer | Asked in Social Security for Virginia on
Q: I have a question about SSA, I am 64.5 years old can I take my social security now and make 75k a year. I guess my quest

Then the next year they would take it all cause I made to much money. What I am getting at is I could use that one year of payments to pay off debt and put me in a better financial position. Even if I lost it for the next 2.5 years. Hope this makes sense.I do not plan on quitting my job as long as... View More

James L. Arrasmith
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answered on Oct 6, 2024

At 64.5, you can begin taking Social Security benefits, but there are some important considerations. Since you're not yet at your full retirement age (FRA), which is likely around 66-67, your benefits will be reduced if you earn more than the annual earnings limit. In 2024, that limit is... View More

1 Answer | Asked in Tax Law for Virginia on
Q: Question about capital gains tax on home sale?

Hi, I'm in a confusing situation that I hope you can help me with. I just sold my house last month and I'm trying to figure out if I qualify for the $250k capital gains exemption for a single tax payer. Now I should qualify since I lived in this house for a decade. The situation here is... View More

James L. Arrasmith
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answered on Oct 3, 2024

The capital gains exemption you're referring to—$250,000 for a single taxpayer—generally applies if you have owned and lived in the home for at least two of the last five years before selling it. Since you've lived in the house for a decade, you likely meet the residency requirement.... View More

1 Answer | Asked in Consumer Law and Identity Theft for Virginia on
Q: Honda Financial attached my SSN to someone else's loan

No details regarding amount, if in state or not and they told me "We don't know if this is really you." After freezing my credit, submitting a report to the FTC, Honda Financial & taking time off of work to file a report with Local Law Enforcement, they still would not provide... View More

Matthew McKenna
Matthew McKenna
answered on Oct 2, 2024

I would certainly recommend contacting a consumer protection attorney as soon as possible that will offer a free consultation. It appears that you disputed this information with Honda Finance but I would also recommend disputing the information with the credit bureaus. You'll want to send the... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: I got an RFE with several mistakes, they used things that weren't present or stated in my documents, what do I do?

they used things that looked that they were from other peoples Petition and had nothing to do with things in my documents. how do I address these discrepancies. when submitting my response?

James L. Arrasmith
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answered on Sep 30, 2024

When you receive an RFE (Request for Evidence) with mistakes or references to items not in your petition, it's important to respond clearly and thoroughly. Start by reviewing the RFE carefully, noting each error or discrepancy. You’ll want to address these specific mistakes in your response,... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: U.S citizen, filed petition for sister 5 years ago , in pending status. she traveled to U.S with B1/B2 - how legal stay

I am a U.S citizen who filed petition for green card for my sister 5 years ago, now petition is in pending status. In the meantime now she came with her husband to travel to U.S. Is there a way she can stay legally. It is very important that she stay legally since her husband want to work... View More

James L. Arrasmith
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answered on Sep 29, 2024

Your sister’s current status in the U.S. is as a visitor on a B1/B2 visa, which allows her to stay temporarily for up to 6 months. Since you’ve already filed a family petition for her, it does not grant her immediate legal permanent residency or allow her to work in the U.S. during this visit.... View More

2 Answers | Asked in Criminal Law for Virginia on
Q: How do you get rid of a court appointed attorney and hire your own if you're feeling you're being misrepresented
Daniel P Leavitt
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answered on Sep 28, 2024

You just contact the attorney you want. You pay them the money to hire them. Then they will substitute into the case.

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1 Answer | Asked in Criminal Law for Virginia on
Q: I have Ben accused of a concealment charge and I have a prior charge of peace and good behavior with 5 years hanging

Public def wants to settle on 30 days suspended but this will violate peace and good behavior what can I do

David G. Parker
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answered on Oct 4, 2024

Explain the circumstances of that other case to your lawyer. They should hopefully be able to give you advice on how a plea on the current charge could affect a good behavior violation. If the potential good behavior violation is in the same jurisdiction, sometimes the prosecutor could agree not to... View More

1 Answer | Asked in Estate Planning and Probate for Virginia on
Q: I am needing to get my mother's will prorated and the deed to her house put in my name. What kind of Lawyer do I need?

I do not live in the area where the will is needing to be probated.

Anthony M. Avery
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answered on Sep 29, 2024

Will has no effect unless filed for Probate, so hire a competent VA attorney.

1 Answer | Asked in Contracts, Criminal Law, Civil Litigation and Small Claims for Virginia on
Q: Does a dollar value have to be added to a Warrant in Detinue, if I do not want money?

I'm needing to file a warrant in detinue for the return of my cat. Is it true that in small claims the dollar value is limited at $5000? and what if I do not want to give the person the option to pay $5000 and keep my cat. The only thing I want back is the alive living cat, not money to... View More

Brian M. Latuga
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Brian M. Latuga
answered on Sep 28, 2024

You’d want to file an action in Detinue, not a warrant in debt. The detinue action is for return of personal property.

1 Answer | Asked in Contracts, Estate Planning, Family Law and Probate for Virginia on
Q: My mother passed away in Virginia and have been told there was a will.

I contacted the law firm that created the will and know the lawyer. I was told they would call me right back and haven't heard anything. My brother and I are the only surviving relatives. I wanted to if I had the right to see the will. There is also the question of what happens if it was... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Sep 27, 2024

One way for a testator to revoke a will is through physical obliteration - tearing it up, marking through it, burning it, etc. Many lawyers will not keep an original will because it would deprive the testator of the ability to revoke a will in this manner. Instead, the lawyer or law firm may make... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Virginia on
Q: if there 5 children and three are dead when the father,mother dies, does the children of the dead heirship rights
Anthony M. Avery
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answered on Sep 26, 2024

Yes... Hire a VA attorney to search the title and determine heirship.

1 Answer | Asked in Uncategorized for Virginia on
Q: so i was a minor when a phone was purchased by my family and it was never in my name. well im now 18 and on my own phone

plan they are saying i owe them 1100 dollars for said phone, if it’s not in my name and underage do i have to pay that 1100 dollars back?

James L. Arrasmith
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answered on Sep 25, 2024

In this situation, if the phone and plan were never in your name and you were a minor at the time, you may not be legally obligated to repay the $1,100. Generally, contracts signed with minors aren’t enforceable because minors can't legally consent to binding agreements. This means any... View More

1 Answer | Asked in Collections for Virginia on
Q: I have a credit card debt sold to midland credit management (MCM), set up payment arrangement, still seeking judgement.

As stated above, today I set up a payment arrangement with MCM and at the end I said I would still show up to the court date to ensure the case dismissed since we made this arrangement and they advised they would still seek judgement against me incase I defaulted so they could garnish me without... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 24, 2024

None. You are misapprehending what the payment plan does. There's no need to go to Court as long as the stipulation you executed is filed with the Court beforehand. The stipulation controls the lawsuit from here on out. As long as you stick to it, the litigation stops and when you complete the... View More

2 Answers | Asked in Banking and Identity Theft for Virginia on
Q: If someone were to say buy something for someone else with said stolen credit card could the other person get in trouble

If someone were to say buy a windshield replacement with someone’s credit card and the card ended up being a stolen, could the person that didn’t know anything about the card; let alone the card being stolen to purchase the replacement get in trouble too?!

Tim Akpinar
Tim Akpinar
answered on Oct 14, 2024

It would depend on how credible their explanation for use of the card would be. Some jurors could see red flags and become suspicious by simply the fact that the transaction involved the card of another person. It's all fact-specific in terms of the elements that either create or dispel... View More

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2 Answers | Asked in Civil Rights, Federal Crimes and Criminal Law for Virginia on
Q: will convictions of felony eluding (5 yrs. old) and Grand Larceny (7 yrs. old) prevent me from being certified in va

I'm a convicted felon and just enrolled into college studying (BA) Psychology. I want to become a substance abuse counselor.

David G. Parker
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answered on Sep 24, 2024

The Virginia Board of Counseling seems to have broad discretion on certification decisions. There does not appear to be any conviction that would act as an automatic bar to certification. Each candidate appears to be evaluated on a case-by-case basis. For more information, the Board of Counseling... View More

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