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Virginia Civil Rights Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Construction Law and Landlord - Tenant for Virginia on
Q: How should I proceed to ensure I am not being put out empty handed or because of a lie?

Hello, I'm a single mother of three beautiful small children and, in 04/2020 I began renting a small home 2 bedroom with a agreement that if remained current on my rent payments & on time every month and fixed this uninhabitable home(mold,structural damage,plumbing and electrical repairs... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 25, 2021

This is something that an experienced Viriginia landlord-tenant attorney should advise on. But your post remains open for three weeks and describes a heartbreaking situation. Until you are able to go over this with a Virginia attorney knowledgeable on these issues, here are a few resources that... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Virginia on
Q: I pled guilty to a charge under duress now I'm a felon. How can I have my case reexamined?

In 2017 I was brutally assaulted by 6 police officer during a mental health crisis. After I called an officer out for kicking me in the head he charged me with assaulting a police officer. I weighed 115lbs at the time. I was covered in bruises and my wrists were so swollen I couldn't be... Read more »

Aaron Pomeranz
Aaron Pomeranz answered on Oct 15, 2021

Unfortunately, you do not have any appeal avenues regarding the criminal matter available because of the passage of time beyond the deadlines.

If you want to seek possible civil rights claims against the police officers, you need to speak to an attorney that is an expert in those matters to...
Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Virginia on
Q: I was a victim of police violence, denied my constitutional rights, falsely arrested for and convicted of a crime

Five officers dragged my face along a parking lot then covered it up by claiming I had a "Nose Bleed". I submitted hard evidence to prove my injuries were NOT from blunt force, but from dragging. Both the Civilian Board, Police Auditor or Internal Affairs did not consider ANY OF MY... Read more »

Ashley Robinson Winn
Ashley Robinson Winn answered on Oct 14, 2021

You can file a citizen complaint under Virginia code section 9.1-600. Your attorney should approach the Commonwealth’s attorney about the withholding of exculpatory evidence to see if he or she might reopen the case. This is serious misconduct. Talk with IAD again.

1 Answer | Asked in Civil Rights and Landlord - Tenant for Virginia on
Q: Can I change the locks of my property after my tenants contract expires?

I am currently renting out my property. The contract ends November the 1st of this year. The tenants have already moved but payed for the month of October as well. Can I rekey my doors after the 2nd when the contracts ends?

F. Paul Maloof
F. Paul Maloof answered on Oct 13, 2021

In Virginia, when the tenant has fully vacated the premises and returned the keys of possession to the landlord, the landlord has complete possession and control of the premises, which gives the landlord the authority to re-key the doors.

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Communications Law for Virginia on
Q: Can my father's living siblings & children successfully fight for the right to properly bury my father who has no will.

My father is born and raised in Danville, VA. He remarried to make his oldest daughter a legal citizen which wasn't completed. His baby mother has refused to allow us to have his body for our funeral & burial. They expect our entire family to drive 8 hours to visit my father, plus they are... Read more »

Benjamin Inman
Benjamin Inman answered on Sep 21, 2021

Im sorry that you lost your father. Losing a parent at any age can be extremely difficult.

I dont think there is enough information in your question to give you an answer. My best guess from reading between the lines here is that your father died outside of Virginia in a state where he was...
Read more »

1 Answer | Asked in Medical Malpractice and Civil Rights for Virginia on
Q: Is it legal to deny medical treatment to someone based on their disability or is it an ADA violation?

I was actively having an asthma attack and I went to urgent care and they denied me treatment because I couldn't put on a mask due to my breathing difficulties. They told me that if I didn't put on a mask, I had to go elsewhere for medical attention. They told me their hospital systems... Read more »

Mrs Lauren Morgan Ellerman
Mrs Lauren Morgan Ellerman answered on Jun 21, 2021

Dear sir / ma'am:

I am so sorry about the poor care you received. Thankfully, it sounds like you didn't suffer a permanent injury as a result of their misdiagnosis - as you acted quickly to ensure correct care and treatment. As such, you would not likely have a financially viable...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Law and Civil Litigation for Virginia on
Q: Am I eligible for compensation for VEC Employment Commission for damages for loosing my car and house

I’ve waited almost three months I had a outstanding error on my account it took me two months to get a hold of someone in the office. Got the account fixed called again to file said my claim couldn’t be processed because of an outstanding error on my account. Now I call and after the lawsuit... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jun 16, 2021

I do not handle employment law matters. Sorry.

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Virginia on
Q: If I have a claim as explained below, would you be interested in assisting me?

On March 19, 2021, during my incarceration, a civilian doctor refused to give me a CT-Scan and a Myelogram because I had refused to submit to a COVID-19 test administered by his nurse due to my having previously experienced severe nasal pain and nose bleeds caused by previous tests for COVID-19.... Read more »

F. Paul Maloof
F. Paul Maloof answered on May 21, 2021

I regret that I do not handle medical malpractice matters or criminal law matters. Sorry.

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Virginia on

Disabled, w/out an Advocate or ATTY; Fearful of making wrong decision

45 yro, No Evictions, Owned Homes, Gainfully Employed, until:

Displaced by COVID after 4 yrs of caring for a parent, all savings expended.

Moved to Richmond; No SSDI, Unemp, absolutely zero aid or... Read more »

F. Paul Maloof
F. Paul Maloof answered on May 1, 2021

Based on your financial condition, you should call Northern Virginia Legal Services on Monday for assistance. They are pro bono attorneys and may be able to help you with your current situation.

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Civil Rights for Virginia on

LL wont cooperate with Tenant in COVID Rent Relief Pgm (Reqd by Va and CDC Moratorium Rules)

Managed to get Eviction DISMISSED BUT:

How can I force them to cooperate with RRP before resource pool is depleted!

F. Paul Maloof
F. Paul Maloof answered on May 1, 2021

The likelihood to force anyone to do anything these days is slim to none. You may be able to file a formal complaint against the landlord with the Office of the Virginia Attorney General in Richmond, VA.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Virginia on
Q: My daughter was arrested at court today she had ask to fight her case they are trying to force her into signing a plee

Is that legal to knowingly give a false statement and sign when it's a lie

F. Paul Maloof
F. Paul Maloof answered on Apr 19, 2021

I regret that I do not handle criminal law matters. Sorry.

1 Answer | Asked in Civil Rights and Landlord - Tenant for Virginia on
Q: Can I take legal action against my landlord? Can I recover the money?

I’ve been living in an illegal basement for the past 6 months (I didn’t know it was illegal before moving in) I even have a month to month lease agreement.

F. Paul Maloof
F. Paul Maloof answered on Apr 16, 2021

If you think you have an illegal lease agreement, you are entitled to bring a claim in a court of law against your landlord and seeks damages.

2 Answers | Asked in Personal Injury, Products Liability, Civil Litigation and Civil Rights for Virginia on
Q: Hi, Can you please tell me how the SOL in Virginia is calculated ? Thank you !

Hello, can you kindly please let me know how the SOL is considered in Viriginia. If the problem occured on April 15 but you did not discover the issue until May 15 , is this the date you can use to determine when the SOL ends ? I am having a challenging time finding an attorney due to complex issue... Read more »

F. Paul Maloof
F. Paul Maloof answered on Apr 11, 2021

I regret that I do not handle personals injury cases in Virginia. Sorry.

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1 Answer | Asked in Civil Litigation and Civil Rights for Virginia on
Q: Can I sue my rental property?

These “bounty hunters” came to my apartment looking for my ex. They were told that she wasn’t here and hadn’t been since September. This is when they went to the rental office and the personnel allowed maintenance to open my door and let these perfect strangers in my home. They never showed... Read more »

F. Paul Maloof
F. Paul Maloof answered on Feb 20, 2021

You should make a formal complaint to law enforcement. This is a criminal matter.

1 Answer | Asked in Family Law, Child Support, Civil Litigation and Civil Rights for Virginia on
Q: Judgement in va ordered to pay . Hearing that defendant ordered to pay (was not notified of the hearing)

Why no record of service at clerks office . After receiving judgement order to pay attorney fees. Not only not notified of hearing but judge wrote no reason for judgement.

F. Paul Maloof
F. Paul Maloof answered on Feb 10, 2021

In Virginia, a judge will not enter a judgment against the defendant unless there is proof of service on the defendant. You may want to go to the Court to review the file or hire an attorney to review the file for you.

1 Answer | Asked in Contracts, Civil Rights and Landlord - Tenant for Virginia on
Q: Hello. My husband Verbally told me and the landlord,last week, that he is moving out next month.

The term is from 12/12/2019 to 12/31/2020. First months rent was prorated since we moved in mid month. He also verbally told the landlord last week that he is moving out on 12/11. Per our lease, he does have to pay his portion of rent for the entire month of December, correct? And is he required to... Read more »

F. Paul Maloof
F. Paul Maloof answered on Nov 30, 2020

In Virginia, the terms and conditions of the written lease will control whether your husband has the right to terminate the lease based on an oral notification to the landlord. Also, the terms and the conditions of the lease will control who has the rights to the return of the security deposit.

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: Is it legal for a police officer to ask if I have any weapons on me when I'm carrying a concealed carry permit?

and if I'm doing nothing wrong? Am I allowed not to answer?

Brian S Szmak
Brian S Szmak answered on Nov 17, 2020

It is absolutely legal for an Officer to ask you if you have any weapons on you.

If you have a CHP in Virginia, there is no affirmative obligation to inform an Officer that you are carrying a concealed weapon. You are obligated to provide your CHP & Photo ID if asked, though....
Read more »

1 Answer | Asked in Personal Injury and Civil Rights for Virginia on
Q: What does it mean when you file a admentment to a complaint
Jan F Hoen
Jan F Hoen answered on Oct 28, 2020

A Complaint is the pleading that states the nature of the cause of action for which you filed suit and the essential supporting elements and facts particular to the case.

Amendment of pleadings is liberally granted to allow them to be correct and accurate. Filing an amendment modifies the...
Read more »

1 Answer | Asked in Civil Rights and Probate for Virginia on
Q: Now that I have a answer about the lawsuit against my brother inlaw who has passed.

Now they want my husband to settle up with them because he was sole heir. We dont know what to do!

My brother inlaw denied to his dieing breath it was untrue what my nephew accused him of but the lawyer said we owe him money for the pending lawsuit he had on going when my brother inlaw... Read more »

Richard Sternberg
Richard Sternberg answered on Oct 14, 2020

The type of lawyer you need is a probate lawyer who also does litigation. If you are representing the estate and the estate is in Virginia, you may use the estate's assets to pay the litigator as needed. You can find an attentive and talented lawyer by searching the Find a Lawyer function at... Read more »

1 Answer | Asked in Contracts, Employment Law, Civil Rights and Employment Discrimination for Virginia on
Q: I am trying to find some clarity on a specific scenario regarding Liquidated Damages Provisions under Virginia law.

My girlfriend is an RN registered nurse working for an agency (based in Ohio) which helped bring/organise her path to USA and set her up with a job. The contract has tied her into a 3 year term of which she has completed 1 year already. The problem is the job is way too much for her mentally and... Read more »

Steven Krieger
Steven Krieger answered on Oct 7, 2020

I don't think this is enforceable simply if your girlfriend quits. However, sometimes liquidated damages provisions are enforced if a non-solicitation or non-compete provision is breached. I'm sure anyone who responds would be happy to help if you decide to retain an attorney. Good luck.

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