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Virginia Questions & Answers
1 Answer | Asked in Uncategorized for Virginia on
Q: Will the convictions of felony eluding (5 yrs.) and Grand Larceny (7 yrs.) band me from being a certified counsel in

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

James L. Arrasmith
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answered on Sep 25, 2024

Your past convictions may affect your ability to become a substance abuse counselor, but it doesn’t automatically disqualify you. It largely depends on the state where you want to practice and the licensing board’s regulations. Many states do consider criminal history when reviewing... View More

1 Answer | Asked in Criminal Law and Sexual Harassment for Virginia on
Q: My 21 year old daughter just told me that when she was in 5th grade a teacher did some very inappropriate things.

He was dismissed from the school bc of another incident. What to do

David G. Parker
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answered on Sep 23, 2024

There is no statute of limitations on felony offenses in Virginia. I obviously do not know what specifics act(s) your daughter is alleging, but a felony offense could potentially be prosecuted even after more than a decade. If your daughter suspects a crime happened and wishes to report it, she... View More

1 Answer | Asked in Social Security for Virginia on
Q: Can a jail deny an inmate phone time solely for not giving his social security number? (Virginia)
James L. Arrasmith
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answered on Sep 27, 2024

In Virginia, inmates generally have a right to reasonable access to phones, but that right can be restricted under certain circumstances. However, denying phone access solely because someone refuses to provide their Social Security number may raise legal concerns. The jail can restrict privileges... View More

1 Answer | Asked in Criminal Law and Wrongful Death for Virginia on
Q: I believe my Aunt was murdered and her case was ruled a suicide. What can I do? Can I get access to any evidence?

Multiple stabs wounds

David G. Parker
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answered on Sep 22, 2024

I would recommend first that you attempt to meet with the Commonwealth's Attorney for the jurisdiction where this happened. Such a meeting would give you an opportunity to voice your concerns about the investigation and possibly get some answers from the lead prosecutor as to why no criminal... View More

1 Answer | Asked in Uncategorized for Virginia on
Q: About if you're over the age of 18 and they're still taking your belongings even without your consent.

She's been taking my belongings repeatedly even without making sense she slows my my day down she doesn't even think twice I'm not sure what I should do.

James L. Arrasmith
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answered on Sep 19, 2024

It sounds really frustrating to have someone repeatedly take your belongings without permission. If you’re over 18, your personal boundaries and property should be respected, and it’s understandable that this is slowing you down and causing stress. It's important to assert your... View More

1 Answer | Asked in Immigration Law for Virginia on
Q: My question is about form I - 485, Part 8, question 24a, 24b and 24c.

Question 24a asks if someone had a J-1 nonimmigrant visa. Question 24b asks if you have complied with the foreign residence requirement. The answers to both of the above questions are "Yes." in this case.

Now, question 24c asks if someone was granted a waiver or if the Department... View More

James L. Arrasmith
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answered on Sep 18, 2024

If you have fulfilled the two-year foreign residence requirement by returning to your home country for the required period, and did not receive a waiver or a favorable recommendation to waive this requirement, then you should answer "No" to question 24c.

Question 24c specifically...
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1 Answer | Asked in Arbitration / Mediation Law, Contracts and Real Estate Law for Virginia on
Q: Do I have to sign a dispute resolution and arbitration agreement before purchasing a house

Purchasing a modular home in Tennessee to be delivered to Virginia. Seller wants a dispute resolution and arbitration agreement signed before. I have not see the house. They want me to sign something saying I am satisfied with it and nothing is wrong. Can I get out of signing this

Tim Akpinar
Tim Akpinar
answered on Oct 3, 2024

A Virginia/Tennessee (???) attorney could advise best, but your question remains open for three weeks. Applicable laws aside, as a general matter, an attorney would probably want to take a look closer at the agreement to advise - geography, distances involved, reasonableness of ability to inspect,... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Will it be possible to reopen a felony case from 1991 in Fairfax Co for the purpose of reducing it to misdemeanor? Thx

Will a sealed conviction need to be disclosed on an immigration application?

David G. Parker
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answered on Sep 17, 2024

Not likely; Rule 1:1 of the Rules of the Supreme Court of Virginia states that the conviction and sentencing order in your criminal case has long since been made final.

There is, however, a new law that should come into effect next year that may allow you to petition to have your felony...
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1 Answer | Asked in Criminal Law for Virginia on
Q: I was charged with 7 misdemeanors and they are written up wrong. I haven’t turned myself in should I since they are look

I took about $100 worth of items from a car. I gave the items back to the officer so they got their stuff back. The officer specifically told me that she seen the video and had a list of the missing items which she lied and did not and coerced me into telling her I did it and threatened me and my... View More

David G. Parker
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answered on Sep 15, 2024

If you have been charged with an offense it is always better to turn yourself in rather to be arrested at an inopportune time by an officer. I recommend doing so early in the work week so that if for some reason the magistrate holds you without bond you won't sit around all weekend in the... View More

1 Answer | Asked in Family Law for Virginia on
Q: I retained my lawyer 3 weeks ago after my consult, and I have yet to receive any followup communication. is this normal?

I have left several voicemails requesting an estimate to time frame.

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Sep 15, 2024

It is important for a lawyer and his or her client to discuss expectations regarding communications and the preferred method of communication. In general, lawyers communicate with clients when it is necessary to the purpose of representation. Some lawyers and clients prefer e-mail, some prefer... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Virginia on
Q: Traffic/Civil case

Google map led me the customer neighbor's house - the house is on a small hill with long/driveway.

The moment I was close the the house and I realized that it's was the address. I started to make a 3-point turn. Half way before I complete the turn, the owner got out and start... View More

David G. Parker
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answered on Sep 15, 2024

That's a wild sequence of events. What you're describing could be charged criminally in a number of ways, including unauthorized use of a motor vehicle and destruction of property. It's a shame that there is apparently no dash camera footage of this incident as that would settle a... View More

1 Answer | Asked in Real Estate Law and Tax Law for Virginia on
Q: Sale of completely depreciated rental property

Tax consequences on sale of completely depreciated rental property

James L. Arrasmith
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answered on Sep 14, 2024

When you sell a completely depreciated rental property, there are several tax consequences to consider. Since the property has been fully depreciated, you must recapture all the depreciation taken during the ownership period as "depreciation recapture." This recaptured amount is taxed at... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: Volunteer hours, are they additional or in total?

I completed 10 hours of community service between May 1st and 18th. I brought this to the judge on May 30th. The judge assigned me 20 hours of community service. Do I need to do 10 additional hours or 20 in total?

David G. Parker
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answered on Sep 15, 2024

Without being there I couldn't tell you. I recommend calling the clerk's office for the court in question and asking if there are any notes on your warrant or summons that indicate what the judge wanted. At the very least, you can tell the judge you double-checked with the clerk's if... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: How to I remove traffic ticket

Pulled over in VA ,passing through,first ticket. Asked for extension I was told no,asked the clerk what to do. She said pay it. I did. Was charge with no show. This was almost 7 years ago. Of course its showing up in my background checks

Daniel P Leavitt
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answered on Sep 13, 2024

It sounds like you may have a warrant for failing to appear if they charged you with "no show." Maybe you mean they tried you in your absence? If there is a warrant for failing to appear you will need to take care of that. If they found you guilty in your absence there is currently no... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Virginia on
Q: real estate question: What does a Seller do in process when they sell a house 3 days prior a Wrongful foreclosure date

Real estate question: basic now but will elaborate when connected. Note: will type words in a form of 3rd person so its less emotional for me, stay on logic.

Also, a lawyer that was the office for Legalaide stated that it does not matter the Foreclosure the property was sold, there is no... View More

James L. Arrasmith
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answered on Sep 13, 2024

When you sell a home just a few days before a scheduled foreclosure, the sale can have important consequences on the foreclosure process. First, make sure that the sale of the property is fully finalized and that all necessary documents have been recorded. Once the house is sold, the foreclosure... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: Is the Religious Land Use and Institutionalized Person's Act (RLUIPA) 14th Amendment Section 5 legislation?

RLUIPA was enacted by Congress after the Supreme Court found (in City of Boerne v. Flores, 521 US 507 (1997)) that the Religious Freedom Restoration Act (RFRA) was not congruent and proportional legislation under Section 5 of the 14th Amendment. In response, Congress enacted RLUIPA after 3 years of... View More

James L. Arrasmith
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answered on Sep 13, 2024

If you're trying to determine whether the Religious Land Use and Institutionalized Persons Act (RLUIPA) is legislation enacted under Section 5 of the 14th Amendment, consider how Congress approached its enactment. After the Supreme Court's decision in City of Boerne v. Flores, which... View More

1 Answer | Asked in Estate Planning and Probate for Virginia on
Q: Is it possible to use joint ownership of accounts to avoid probate and transfer money to a non-joint owner heir?

Joint Owner 1 and Joint Owner 2 own Account A (with rights of survivorship).

Joint Owner 2 and Joint Owner 3 own Account B.

JO1 dies. JO2 has access to all the funds in Account A without going through probate.

JO2 can move funds from Account A into Account B. JO3 now has... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Sep 12, 2024

Yes.

1 Answer | Asked in Real Estate Law for Virginia on
Q: What is the law regarding adverse possession of property bordering our property?

An old fence was erected when our house was built in 1990. There are old fruit trees planted on our side of the fence. The fence is about 30 feet from our actual property line. The area on our side of the fence has been maintained by our prior property owners before we purchased the property and... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Sep 15, 2024

While your facts appear to support your claim of adverse possession, and there is a reasonable likelihood of success, it's not easy or clearcut. Simply, you need to get a lawyer on board - if only for advice - and see what else you need to do to cement your claim.

Adverse possession...
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1 Answer | Asked in Uncategorized for Virginia on
Q: Is it illegal to view a website containing carding discussions and trades?

I had learned of a site that contained "carding" and was wondering if it was illegal to simply view what the site contains.

James L. Arrasmith
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answered on Sep 14, 2024

Viewing a website that contains discussions or trades related to "carding" can lead to legal risks, even if you are not participating in any illegal activities. "Carding" involves the illegal use of stolen credit card information, and merely accessing sites that promote or... View More

2 Answers | Asked in Traffic Tickets for Virginia on
Q: Can an officer ask for my ID the passenger for not wearing my seat belt but not the reason for being stopped

Driver had no front license plate on vehicle but had license plate inside car

David G. Parker
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answered on Sep 11, 2024

Appellate courts have held that an officer's request for a passenger's identification is lawful, even without suspicion of a specific crime or infraction. In this case, the officer is also claiming you weren't wearing a safety belt and so they would have reason to investigate that... View More

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