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Virginia Questions & Answers
1 Answer | Asked in Real Estate Law for Virginia on
Q: My dad is only name on deed lived here 25yr own 14 yr he pass now someone saying own can it be so
Anthony M. Avery
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answered on Aug 9, 2024

Hire a VA attorney to search the title and determine heirship unless your Father gave out some conveyance you do not know about.

1 Answer | Asked in Real Estate Law and Divorce for Virginia on
Q: Can my husband of 17 years sell a house in Va without my consent even though my name isn’t in the deed .
James H. Wilson Jr.
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James H. Wilson Jr.
answered on Sep 2, 2024

Equitable distribution rights in marital property in Virginia do not rise to the level of title rights. In the absence of a court order freezing marital assets, a spouse holding title in his or her name alone may sell property. The other spouse may have a right to a credit in equitable... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Under va code 19.2-341 am i still obligated to pay fines and penalties from a felony case in 1993?

I was convicted in 1993 of a felony, under code 19.2-341 after 20 years im no longer required to pay those fines, but the code has since changed, am i still under the guidelines of the old code? From when i was sentenced?

David G. Parker
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answered on Aug 14, 2024

As you correctly point out, at the time of your conviction the government was limited to a period of 20 years for the recovery of unpaid fines/penalties. The law prohibits "ex post facto" laws that update penalties and punishments after the fact. On the other hand, "procedural"... View More

2 Answers | Asked in Personal Injury, Civil Litigation, Collections and Medical Malpractice for Virginia on
Q: I just won a default judgement on a lawsuit in Circuit Court. How do I go about getting what I sued for (Money)

It was a Medical Malpractice case. They did not respond in time.

David Ratz
David Ratz
answered on Aug 9, 2024

Now that you have a judgement entered against the medical entity or person, you are considered a judgment creditor. You may wish to contact an attorney that handles creditor rights/collection. There are several ways that you can try and collect on your judgment depending on who your judgment is... View More

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1 Answer | Asked in Immigration Law for Virginia on
Q: Can you get deported for going to a court ceremony to get your driver's license (You have a deportation order)
James L. Arrasmith
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answered on Aug 2, 2024

Yes, you can be deported if you have a deportation order and attend a court ceremony to get your driver's license. Immigration authorities may use such events to locate and apprehend individuals with outstanding deportation orders. Your presence at the court might alert law enforcement to your... View More

1 Answer | Asked in Criminal Law, Immigration Law, Juvenile Law and Small Claims for Virginia on
Q: Can you get deported for applying to a learner's permit in virginia.

Let's say that you are an illegal alien with a deportation order and you are a minor trying to apply for a learner's permit but you need to get a court order showing that you are an emancipated minor is acceptable to drive as a minor but you have a deportation order can you get deported... View More

James L. Arrasmith
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answered on Aug 2, 2024

If you are an undocumented minor with a deportation order and you're seeking a learner's permit in Virginia, your primary concern should be your existing deportation status. Applying for a learner's permit typically requires identification and proof of residency, which might draw... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Virginia on
Q: How can a drug court program make my girlfriend move out and break up with me when I'm not a felon
James L. Arrasmith
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answered on Aug 5, 2024

Drug court programs are designed to help individuals struggling with substance abuse, often involving strict guidelines and requirements for participants. If your girlfriend is involved in such a program, her participation might require her to make significant lifestyle changes, including... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Can you have a firearm in a house with prohibited person

Can you have a firearm in a house with prohibited person that doesn't have access to the firearm

David G. Parker
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answered on Aug 1, 2024

Yes. Another person's loss of firearm privileges does not eliminate your own. That being said, you will want to make reasonable efforts to ensure that the firearm remains outside of their possession and that it is not readily accessible by the prohibited person.

1 Answer | Asked in Criminal Law for Virginia on
Q: 1. Not on probation or parole. 2. Tier 1, on the registry. 3. Have kept registry up to date.

4 Had a state police officer show up today and I am in another state helping a friend fix his house. This is not a job but a favor. Fiance who opened door was asked if I live there, I do. Cop wanted to know where I was, this was a home check. She told him off in TN helping a friend for a few days.... View More

David G. Parker
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answered on Aug 1, 2024

The Registry Act focuses on keeping your "residence" up-to-date with Virginia authorities; it doesn't have any obvious prohibition on temporary movement outside of the Commonwealth to another state. There is a statutory registration requirement within 3 days for people coming into... View More

1 Answer | Asked in Intellectual Property for Virginia on
Q: Do I need separate IP legal protection and promotion from my patent attorney ?

My newly patented tree has been contracted by America’s largest grower . Do I need independent IP representation to determine if exclusive or free to canvas other growers?

James L. Arrasmith
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answered on Jul 27, 2024

Yes, having separate legal protection and promotion for your patent is beneficial. Your patent attorney is crucial for securing your intellectual property rights and ensuring all legal aspects are thoroughly managed. This includes navigating the complexities of patent law, handling any disputes,... View More

1 Answer | Asked in Patents (Intellectual Property) for Virginia on
Q: I am the inventor of a patented adbandoned Japanese Maple named Kin's Blood . The handling law firm dissolved . Can i r

King’s Blood , Japanese maple patenting firm

Dissolved before completion . Can my patent be completed still ?

James L. Arrasmith
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answered on Aug 10, 2024

Even though your law firm dissolved before the patent process was completed, you can still move forward with your patent. You should consider reaching out to the United States Patent and Trademark Office (USPTO) to check the current status of your application and gather any necessary documents.... View More

1 Answer | Asked in Estate Planning for Virginia on
Q: If someone has a per stirpes will with their 4 children as beneficiaries, can their now adult grandchildren be added?

As some grandchildren are only children, we’d like the per stirpes will to be equally divided amongst the 4 children and the 10 grandchildren. Is this possible?

Anthony M. Avery
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answered on Jul 26, 2024

Hire a VA attorney to draft a new Will. You do not want to execute a Codicil as it generates a contest or at least ambiguities.

1 Answer | Asked in Constitutional Law for Virginia on
Q: In West Virginia are police supposed to read Miranda rights before questioning

Is it true that Miranda rights are only required when the police are questioning you in the context of a criminal investigation and hope to or desire to use your statements as evidence against you in West Virginia

James L. Arrasmith
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answered on Jul 27, 2024

In West Virginia, police officers are required to read you your Miranda rights before questioning you if you are in custody and they intend to use your statements as evidence against you in a criminal investigation. This means that if you are not free to leave and the police are asking questions... View More

1 Answer | Asked in Internet Law and Libel & Slander for Virginia on
Q: Can I be sued for online review of a veterinarian if I called them heartless and colorfully described the visit?

I did not lie or curse in the online review. I described the way he handled my pet like he was a ‘dead slab of meat’

James L. Arrasmith
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answered on Aug 6, 2024

Yes, you can be sued for an online review if the veterinarian believes your comments are defamatory. Defamation involves making false statements that harm someone's reputation. Even if you did not lie, calling the vet "heartless" and describing the visit in a harsh manner could be... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Speeding Ticket.

I am 17 years old and received a speeding ticket last night at 12:35 am on 7/21/24. I got marked down for 81/55 and got cited as going 20+ over the limit (55-65). The officer made me sign a promise to appear in the juvenile court room. I was wondering if I could hire a lawyer to show up for me... View More

David G. Parker
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answered on Jul 26, 2024

You can always hire a lawyer to represent you, but it's standard practice for juveniles to be required to attend court (along with a parent or legal guardian).

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Do I need to go to court for my ticket or can I pay it online? Is this a misdemeanor? Is this going to be on my record?

I got a ticket for violation of VA CODE 46.2-861-1(B) and Local code is 422.01. It gives me a court date for Aug 22.

David G. Parker
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answered on Aug 1, 2024

Prepayable offenses should be marked on the court case information website (for more details, see: https://www.vacourts.gov/caseinfo/tickets_dc.html). I don't have enough information to answer your question about the Local Code violation, but the 46.2-861.1(B) offense is considered an... View More

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Had an accident at work on a Thursday. Wrote a statement. Boss didn't have me go to doctor or make formal claim.

Work thu small amount of discomfort on Friday. Over the weekend it gets worse. Monday go to doc appointment. And turn in my note. Am I at fault here.

Tim Akpinar
Tim Akpinar
answered on Aug 9, 2024

A Virginia attorney could advise best, but your question remains open for three weeks. No, you aren't at fault. You did the right thing by reporting the accident and seeking a medical evaluation. I hope you are okay, but if you are still in pain or discomfort, and believe you will need further... View More

1 Answer | Asked in Estate Planning, Civil Rights and Government Contracts for Virginia on
Q: At age 16: Should I start thinking about creating a Power of Attorney and a Living Will for when I turn 18 years of age?

I have done much reading on these two documents.

1. The Power of Attorney grants authority and control of my personal affairs during my incapacity, if durable and may control any affairs that I grant a Power of Attorney to handle.

2. A Living Will is essentially my health orders... View More

James L. Arrasmith
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answered on Jul 27, 2024

It's wise to start thinking about these important documents. Preparing a Power of Attorney and a Living Will when you turn 18 can give you peace of mind and ensure your wishes are respected in case of an emergency.

A Power of Attorney lets you choose someone you trust to manage your...
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1 Answer | Asked in Trademark for Virginia on
Q: Do I register trademark as individual or LLC?

I created a product and planning to sell it under my brand. I also created an LLC as a business that will be selling the product. I am trying to understand what the trademark owner entity should be - myself as an individual, or my LLC? The LLC will be selling the product, but it's my LLC, and... View More

James L. Arrasmith
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answered on Jul 18, 2024

When deciding whether to register your trademark as an individual or under your LLC, consider your long-term business plans. If you plan to eventually dissolve the LLC or change the business entity, it might be more straightforward to register the trademark under your name. This way, you retain... View More

1 Answer | Asked in Tax Law and Employment Law for Virginia on
Q: How can I pursue legal actions against an employer that is not withholding taxes correctly?

I am a single mother of 5, my coworker is a young single adult male with no dependents, another is married with a wife who works and a toddler, another is a single adult male no dependents, and lastly a senior veteran is married and no dependents but the exact same amount of taxes were withheld... View More

James L. Arrasmith
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answered on Jul 18, 2024

It's important to address the issue of incorrect tax withholding immediately. You can start by discussing the matter with your employer, explaining the discrepancies and providing the tax forms you completed when you were hired. Ensure they understand the legal requirement to withhold taxes... View More

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