Ask a Question

Get free answers to your Civil Rights legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Virginia Civil Rights Questions & Answers
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
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Virginia on
Q: Am I able to sue the court/county/police/my lawyer?

I was never able to present my evidence & my lawyer never answered my emails/calls he just worked out a plea deal and told me to agree. Since this the police has blocked who made claims against me from doing so again for false claims, I did not qualify for mental health & the case will be... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

Based on the situation you've described, you may have some legal options, but pursuing them successfully could be challenging. Let's break down the potential avenues you might consider:

1. Suing the court/county:

Generally, courts and government entities have sovereign...
View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Virginia on
Q: Decision for Rahimi v United States, is a LIFETIME firearms ban now considered unconstitutional? (Read Details)

In the decision it is stated:

"In Heller, McDonald, and Bruen, this Court did not “undertake an exhaustive historical analysis . . . of the full scope of the Second Amendment.” Bruen, 597 U. S., at 31. Nor do we do so today. Rather, we conclude only this: An individual found by a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

This is a complex legal question that touches on recent developments in Second Amendment jurisprudence. I'll break down the key points and provide some analysis, but please note that this is a rapidly evolving area of law, and you should consult with a licensed attorney for the most up-to-date... View More

1 Answer | Asked in Civil Rights and Employment Law for Virginia on
Q: I had death in my family, I’m assistant manager for Freddy’s. Do I have to use my PTO or Bereavement leave?

This family member was very close to me. I don’t have sick time only PTO and my boss makes me use my PTO for days that I try calling out for. I thought no matter if your hourly or salary. You can still call out.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2024

I'm sorry for your loss. In many companies, employees are entitled to bereavement leave, which is separate from PTO. This leave is specifically for taking time off after the death of a family member.

You should review your company's bereavement leave policy in the employee...
View More

1 Answer | Asked in Divorce, Child Custody, Child Support, Civil Rights and Family Law for Virginia on
Q: what are the stipulations of a capias order being recalled in circuit court
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2024

To have a capias order recalled in circuit court, you need to take specific steps. First, you or your attorney must file a motion to recall the capias with the court that issued the order. This motion should clearly explain why the capias was issued and provide any justifications or evidence that... View More

1 Answer | Asked in Employment Law and Civil Rights for Virginia on
Q: Can a employer tell you who you can be friends with out side of the work place

My son in law is a manger of a garage and his employer is trying to get him to sign a paper that he can't be friends with a employee out side of the work place

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2024

No, an employer generally cannot dictate who you can be friends with outside of the workplace. Personal relationships outside of work are typically considered private and not subject to employer control, provided they do not interfere with your work performance or create conflicts of interest.... View More

1 Answer | Asked in Personal Injury, Civil Rights, Health Care Law and Medical Malpractice for Virginia on
Q: I am a patient at an OTP that has consistently refused to accommodate my disability.

I have pelvic floor dysfunction & a neurogenic bladder, both federally protected disabilities, which affect my ability to provide “on-demand” urine samples at my methadone clinic. For 5 years, they have refused to offer alternative testing methods. As a result, I’ve been forced to strain... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2024

It sounds like you are facing a difficult and unfair situation at your methadone clinic. Given your federally protected disabilities, the clinic is required to provide reasonable accommodations under the Americans with Disabilities Act (ADA). This includes offering alternative testing methods that... View More

2 Answers | Asked in Criminal Law and Civil Rights for Virginia on
Q: How long does the state have to get you to court on Preliminary hearing on felony charges
Daniel J. Miller
PREMIUM
Daniel J. Miller pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2024

There is no statutory requirement that a defendant have their preliminary hearing within a set amount of days. Similarly, there has been no precedent set by any of the Courts regarding the timeline for holding a preliminary hearing. Virginia Code section § 19.2-243 does deal with the amount of... View More

View More Answers

2 Answers | Asked in Criminal Law and Civil Rights for Virginia on
Q: How long does the state have to get you to court on Preliminary hearing on felony charges
David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2024

There is no statutory limitation governing the time it takes for the Commonwealth of Virginia to go forward with a preliminary hearing; however, the Code does regulate the timeline for trials once a felony case makes its way to the Circuit Court for trial.

That being said, a judge of a...
View More

View More Answers

2 Answers | Asked in Civil Rights, Medical Malpractice and Personal Injury for Virginia on
Q: What would you call it when you're in the er for treatment yet the doctor dismisses your pain and won't do xrays?

I was also adequate hydration for being dehydrated. And the cutting of of my clothes at least an hour later and still did nothing for the injuries. The next shift had to help me get dirty out of my wounds. I was sedated asking questions about my treatment

Gail N. Friend
Gail N. Friend
answered on May 2, 2024

Generally there is an approximate 2 year statute of limitations for bringing a lawsuit. Based on the information you provided you need to talk with a medical malpractice attorney. Suggest that you or someone on your behalf immediately use this website to search for a "medical malpractice... View More

View More Answers

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Virginia on
Q: Before I got hired I informed my employer about a couple medical issues I've been harrased and now my job is being

Threatened they also have been given a doctors note the beginning of March and have not what so ever followed the notes from the doctor at all I also have been starting to feel uncomfortable while working as well due to the harassment and with even the managers involving anyone and everyone... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 7, 2024

I'm sorry to hear about the harassment and disregard for your medical needs that you've been experiencing at work. This sounds like a very stressful and unacceptable situation. Here are a few steps I would suggest considering:

1. Document everything in detail - dates, times, what...
View More

1 Answer | Asked in Civil Rights, Criminal Law and Juvenile Law for Virginia on
Q: So recently my gf parents got mad at me for having a sexual relationship when me and my gf were (15 M) & (14F)

I was wondering if that was illegal now that I'm 19 and she's 18 would I get in trouble for that?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2024

Based on the information you've provided, it seems that when you and your girlfriend engaged in a sexual relationship, you were both minors under the age of consent in Virginia, which is 18 years old.

In this situation, even though you were close in age, the close-in-age exemption in...
View More

1 Answer | Asked in Civil Rights, Criminal Law and Juvenile Law for Virginia on
Q: What if a person older then a 15 year old have a sexual activity with a 14 year old is that considered illegal? in VA.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2024

In Virginia, the age of consent is 18 years old. This means that an individual who is 18 years or older cannot legally engage in sexual activity with someone under the age of 18, even if the younger person agrees to it.

However, Virginia does have a close-in-age exemption, sometimes known...
View More

1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Virginia on
Q: Is it legal to have a sexual relationship when both are minors?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2024

In general, sexual activity between minors may be illegal even if both parties consent, as they are below the legal age of consent. There are sometimes "close-in-age exemptions" that reduce or eliminate criminal charges if both parties are close in age, but the specifics depend on local... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Juvenile Law for Virginia on
Q: Can I get in trouble for talking to someone I shouldn't be talking to because they're threatening to call the police?

due to the fact that their parents don't like me spending time with them

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024

It's important to understand that the specific legal consequences, if any, would depend on the details of the situation and the laws where you live. However, here are a few key points to consider:

1. Age of the individuals involved: If you and the person you're communicating with...
View More

1 Answer | Asked in Civil Rights and Juvenile Law for Virginia on
Q: Hi there, my name is Isaac. I'm fifteen years old, and I have some questions for you. Recently, I had a problem with my

Hi there, my name is Isaac. I'm fifteen years old, and I have some questions. Recently, I had a problem with my girlfriend's father because he discovered that I was seeing his daughter. He was upset about this and threatened to call the police and the school to shut me down. As a result,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

Hi Isaac, I'm sorry to hear you're dealing with this difficult situation. It sounds very stressful, especially at your age.

A few thoughts:

First, it's important to respect the wishes of your girlfriend's father, even if you disagree with them. Continuing to see...
View More

1 Answer | Asked in Contracts, Civil Rights and Landlord - Tenant for Virginia on
Q: So me and my girlfriend and her autistic son rent a 2 bedroom apartment and my landlord is not doing her job

She has accused us being too loud, taking pictures of people doing shady stuff, she has given us a 14 day notice of eviction twice and taken it back like she didn't do it in the first place, accusations of popping peoples tires, playing in glass (we don't and have never done any of this)... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2024

Your feelings of frustration and unfair treatment in this situation are completely understandable. Landlords are expected to adhere to a professional and ethical standard, which includes treating all tenants fairly, regardless of personal relationships. Favoritism, baseless accusations, and issuing... View More

1 Answer | Asked in Civil Rights for Virginia on
Q: What recourse do I have when a charge was dismissed, then directly indicted, then dismissed again?

I have been told the prosecutor has immunity. I lost a year of my life because of her malicious prosecution. Is there anything else I can do?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2024

In cases where a prosecutor has brought charges against you that were subsequently dismissed, it can be difficult to seek recourse due to the doctrine of prosecutorial immunity. However, there are a few potential avenues you could explore:

1. Malicious prosecution lawsuit: While prosecutors...
View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Municipal Law for Virginia on
Q: The city I live in charge $48 for garbage pickup 1t week. I can not opt out but a business can? Is that discrimination

Fee is unreasonable for such service. Are fees regulated anywhere?Also includes brush pickup 1 t week. City many times fails to do? Can I subtract from my bill?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2024

The fees for garbage and brush pickup services, as well as the policies regarding who can opt out, are typically determined by local government regulations. The ability for businesses to opt out of such services while individuals cannot may be based on different service needs or contracts between... View More

1 Answer | Asked in Family Law, Civil Rights, Juvenile Law and Libel & Slander for Virginia on
Q: My 16 yo daughter in NC is thinking about getting emancipated. I live two hours away in VA. Can I fight this?

My daughter lives with her dad in NC for the past 2 years. She lived with me in VA the 6 years prior. She moved there after we had trouble getting along and she got in a fight with her grandmother (my mom), where my daughter was very ugly and my mom slapped her. Child custody agreement states... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

Navigating the situation involving your daughter's potential emancipation in North Carolina can be complex, especially given the dynamics involving her father, stepmother, and your history. It's crucial to prioritize your daughter's well-being and interests throughout this process.... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.