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The father has no legal or physical custody rights.
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answered on Sep 11, 2024
To adopt your girlfriend's teenage son, you will need to follow Virginia's adoption process, which involves several legal steps. Since the father is not a U.S. citizen and resides in the Philippines without custody rights, you must obtain his consent or establish that his consent is not... View More 
I am the only blood relation to my grandfather he lived in the state of PA. I want to make sure things are settled. how do I get appointed executor of his estate?
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answered on Sep 10, 2024
Hire a PA attorney to file Probate. Uncle's Heirs and Next of Kin may get the assets minus you and your attorney's fees.
I like to know if there is a way to collect from the small business owner.
answered on Sep 8, 2024
Yes, you can collect, but you first have to confess the judgment to the clerk if you haven't already done that. Then, you can start the involuntary collection efforts like garnishing wages or bank accounts or levying personal property. I'm sure anyone who responds would be happy to help... View More
I was pulled over for speeding and ticketed going 57 in a 40. This was also my first time ever being pulled over and having any vehicle incidents. I was also going downhill and saw my speedometer did not go over 45. On the ticket it says my speed was monitored with a Front/Stationary radar;... View More
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answered on Sep 8, 2024
You can certainly plead not guilty and challenge the radar accuracy. Just be aware that it's never easy to challenge the validity of stationary or moving radar results. The officer will more than likely be able to testify that he used tuning forks to check the calibration of his radar unit... View More
I recorded the call of me being fired and want to know if I should include them in my EEOC case details.
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answered on Sep 8, 2024
When considering using a recorded conversation in an EEOC case, it’s crucial to know the laws of both states involved. Virginia is a one-party consent state, meaning you can legally record a conversation if you are a part of it. However, Pennsylvania is a two-party consent state, which means all... View More
Born in 1977 out of wedlock to a US citizen mother who met the residency/physical presence requirement before my birth because I was not old enough to lose my citizen due to retention requirements before they were appealed in 1978 does that mean I'm no longer subject to those?
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answered on Sep 3, 2024
You're asking whether you are still subject to retention requirements, given that you were born abroad in 1977 to a U.S. citizen mother, and the requirements were repealed in 1978.
Since the retention requirements were repealed before you were old enough for them to apply, you are not... View More
uncle is saying all of my deceased dad’s belongings are his
answered on Aug 27, 2024
You need to sit down with a lawyer experienced in Virginia probate law to review the Will, if any, the property deeds, if any, the family tree, and the other assets your father owned. If your father had a wife or children and no Will, his brother is not in his intestate succession. But, if you let... View More
This has happened to me before in this same apartment complex. Help.
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answered on Sep 13, 2024
It is unclear how you overpaid rent. You should be able to get a check. I would submit a request for a check in writing making it clear you do not authorize them holding your money as a future credit. You may want to talk to an attorney if they refuse. I don't think they can do that unless... View More
Arlington Virginia Treasurer seized my car under va code 58.1-3919 but NO NOTICE was served nor given. 1. Is that a violation of the code? 2. Is a seizure and distress unconstitutional due to the fact that i can not be deprived of life liberty or my private property without due process and a jury... View More
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answered on Aug 31, 2024
If your car was seized without any notice under VA Code 58.1-3919, this could potentially be a violation of due process, which is a fundamental right protected by the U.S. Constitution. Due process generally requires that you receive notice and an opportunity to be heard before your property is... View More
Called several times and faxed showing where I have paid them. They tell me it will be taken off. But then I get another bill
answered on Aug 27, 2024
A Virginia attorney could advise best, but your question remains open for a week. Unless things get out of hand with aggressive collection efforts, it probably isn't worth your trouble and expenses to bring in an attorney to sue in such a situation. The usual first step could be a letter from... View More
A car was parked on the side curb pulling out on to the main straight away street. There is a stop sign intersection right behind the car and a car was at the stop sign and turned and hit the car pullling out on the drivers side with children in it and caused great damage to the car but no damage... View More
answered on Aug 31, 2024
A Virginia attorney could advise best, but your question remains open for two weeks. Until you are able to review the accident with a local attorney (if a police report was issued, that would be helpful), both vehicles may bear some liability, one as a parked vehicle entering a roadway, and the... View More
My fiance is incarcerated we have zero income now,, he is charged with enter structure, poss. Of burglary tools,
petite larceny. Accused of these crimes because fiancee vehicle license plate was seen on flock camera in the area , vehicle matching description was seen on camera a block... View More
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answered on Sep 13, 2024
Unfortunately you generally can get court appointed/public defender or retain an attorney you choose. The standard is not extremely high and most court appointed attorneys and public defenders meet that minimum level. But if you're not happy you would likely need to hire an attorney. If... View More
I was out on probation for shoplifting alcohol at college. my probation officer said i only needed to come to a few meetings since i would be leaving to go back home in a month. I went to 2 then slept through the 3rd and she called me wanting to reschedule but i never contacted her because i was... View More
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answered on Aug 14, 2024
The best thing you can do is to contact your probation officer as soon as possible. Probation officers have discretion on whether to report a violation to the trial court and so it is in your best interest to re-establish contact. With any luck, you can smooth things over with your probation... View More
I am completing form 306 for federal employment. It asks if I am delinquent on any federal debt. I am on an installment plan for last year’s tax. Do I say yes or no?
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answered on Aug 13, 2024
When completing Form 306 for federal employment, it's important to understand what the term "delinquent" means in this context. Being on an installment plan with the IRS does not automatically mean you are delinquent. As long as you are current on your payments and adhering to the... View More
I have a suspended and expired license from ga. I need an id. Will they run my name
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answered on Sep 13, 2024
Yes. I've never seen anyone get a valid license when it's suspended in another state. You have to clear it up in GA first.
Are sworn Virgina Conservators of the Peace permitted to have the Virginia Seal within their badge?
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answered on Aug 31, 2024
Under Virginia Code § 19.2-78, the law does not explicitly prohibit or permit the use of the Virginia Seal on badges of sworn Conservators of the Peace. However, the Virginia Code does outline specific rules regarding the use and display of the Virginia Seal, which is typically reserved for... View More
My mother passed away 10 years ago with no will. She had married a man with children and together they had brought a home. The deed of trust is in both names and listed as tenants by the entireties with the right of survivorship. The husband is now dead. Are ONLY his children entitled to the... View More
answered on Sep 4, 2024
When a Virginia resident dies intestate - without a will - property may pass through nonprobate transfers, such as survivorship, POD account beneficiaries, TOD account beneficiaries, retirement plan beneficiaries, or other nonprobate measures, or according to the law of intestacy in Virginia, which... View More
My husband was helping move out a bed from a neighbor a few townehomes down. He backed into a neighbors car while it was parked. The lady came out as it was on her ring camera and called the cops. My husband got out of his truck and apologized as he felt so bad to do that to our neighbor of almost... View More
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answered on Aug 14, 2024
Statements you provided to the officer are inadmissible hearsay unless they are subject to a hearsay exception (unlikely, based on what you described in your question). Additionally, you have marital privilege and cannot be compelled to testify against him. So it is most likely inadmissible and... View More
Can I have a 18.2-57.2 charge deferred to 18.2-57.3 if it was first and only offense? Charge and conviction happened in 2009 and I’m looking to see if I can have it deferred pursuant of 18.2-57.3. Any clarification would be greatly appreciated.
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answered on Aug 14, 2024
Unfortunately, the first offender statute only applies to a case before it's adjudicated. It sounds like you were convicted many years ago and so it is now too late to seek a deferral under 18.2-57.3.
"Violation of any federal drug laws governing the use, possession, sale, manufacturing and distribution of marijuana, regardless of state or local laws. (So long as the use, possession, sale, manufacturing and distribution of marijuana remains a violation of federal law, violation of any such... View More
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answered on Sep 7, 2024
While marijuana may be legal for recreational or medical use under Virginia state law, it is still illegal under federal law. Because of this, your lease's clause about violating federal drug laws means that any use, possession, or distribution of marijuana could be considered a breach of the... View More
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