Municipal Law Q&A by State
Your current state is Virginia
Municipal Law Questions & Answers
Q: There was an arrest warrant completely filled out and signed by Magistrate and a search warrant with unfilled blanks
I was told that they had a warrant for my arrest never told me I was under a rest nor Read Me My Rights after they handcuffed me
Is it illegal arrests according to West Virginia law
already answered
Q: In the Arizona Revised Statutes, What is the Legal basis for an Attorney representing a hospital, to Quash a Subpeona?
I was arrested in the hospital for the charges of disorderly conduct/fighting ARS 13-2904A.1, I Subpeoned hospital staff involved directly in my care as witnesses for my defense.
Attorney for the hospital is going to argue in court today to have those Quashed. On what legal basis?
Without seeing the motion or hearing the argument it is impossible to say with certainty, but I can give you an example of a possible argument: damage to the hospital if forced to comply. The hospital could argue that calling their employees to testify could place hospital policies and procedures... Read more »
Q: Can I call the judge who is reviewing a case and have them remove my letter of character?
No. You may not contact the judge. It is extremely inappropriate.
If you're the one accused and you are asking to have someone's letter on your behalf not be considered by the judge, you're going to have to talk to your attorney about it. If you're representing yourself, stop what you're... Read more »
Q: Where can I find a pro bono attorney? My intentions is to file case against Hayward Police Department, Alameda County
Justice system( court houses) and All day towing. Is there any way that you guys can help me find a pro bono attorney that is willing to fight for me. I went to Legal Aid in Hayward courthouse and they told me they cannot help me because I have a big case my good call back number is I-10 246-9279 I... Read more »
Contact the County Bar Association in your county and ask for their lawyer referral service to request they refer you to a lawyer who can assist you with your case. You may not find someone to help you pro bono, but if you have a good case you won't have too much trouble finding a good lawyer to... Read more »
Q: Need a lawyer to represent public library?
"Public" libraries are usually represented by a lawyer that works for the city or county that owns the library.
Q: Arrested for missing court and released on bail set without personal appearance. Is this challengable
Apparently being pro se and trying to rescedule court on further hearing activated a warrant and upon my arrest it was without my appearance a bond was set two days later but i wasnt notified in jail for 6 days. Originally out on own recognance, seems it was staged for cash bond
There isn't enough information to answer. It could be. It is common for a party to sign a paper with the next hearing date when released. Sometimes people don't even remember or really notice the hearing date when they sign this. This isn't mandatory and there are also other ways for a notice... Read more »
Q: Do I have any recourse or a case?
During heavy rains, the small storm drain in front of my house gets overwhelmed and water backs up indoors. The city cleaned ditches for me once; the next time I contacted them they ignored me. This is not a flood zone at all. This is a miserable situation. Is the city responsible? If not, who? I... Read more »
One option you could try is to contact a member of your local government for your district, maybe a city council member or someone along those lines. If the situation you describe is something that other residents in the vicinity are also experiencing, it's possible that an elected official might... Read more »
Q: Texas has a hold on my husband in GA. If they dont Pick him up within 14 days and file for an extention is he released?
Texas has a hold, husband is in GA jail (paulding) if they don't file for an extention immediately, does paulding county detention center HAVE to release him? Already have a lawyer working for him in TX, just need to get him out of jail here to get him home to myself and our children under 2 years... Read more »
It all depends on the Sheriffs. Different counties have different policies. However, you may want to just check with TX and see when they are going to pick him up first. Because if they make a promise to pick him up he may not be released in 14 days.
Q: Is it legal to be arrested because of a warrant for not appearing in court if I never received court date information?
I was never served or received any court documents about appearing in court over non payment for a furniture rental. I had no idea there was a warrant out for my arrest. I rented furniture from a rent to own furniture company and fell behind on the payments. The company was unwilling to make... Read more »
Typically a judgment may not be entered without the plaintiff demonstrating proof of service. If you were not personally served, the plaintiff may have used an alternative method of service such as service by publication (where the plaintiff runs a legal notice in a newspaper that covers the area... Read more »
Q: Can I as a non-us citizen, bring a victorinox multitool with a knife into NYC?
I'm going to a scout camp in WV, and want to bring my victorinox (swiss army knife). We're flying to New York LGA. Therefore i was wondering if i'd be allowed to bring it?
NO that is not legal at all, especially flying into an airport. I really do not know what you thinking.
Q: Can I make the village replace my driveway from years of their snowplows turning around on it.
Even after asking them to stop they still kept turning around on my driveway. I waited as long as I could, and now it's destroyed. I want to know my rights before I go and meet with them.
You may be able to seek a remedy if you are able to prove that the damage was caused almost entirely from the plows and no other use or condition. That seems like a pretty high burden of proof.
Q: I'm charged with dis orderly conduct and obstruction of Justice but I did not committ either
Short version cops called for noise complaint was not our home after sever times calling wife lier I stepped in told him was not us I was on couch talking to son no music here he became extremely upset when I attempted to close screen door he than ripped off my door I called 911 asked for police... Read more »
Sounds like you should retain counsel.
Q: 2707.1. Discharge of a firearm into an occupied structure? Do I need a lawyer and what am I looking at?
I fired two shots inside my house 9mm.
You are charged with a felony of the third degree. Which means you could get up to 7 years in jail. There are defenses, and importantly the Commonwealth has to prove the case against you. Attorneys will be familiar with the charge against you, and all the players and potential outcomes.... Read more »
Q: Can an officer pull into a private parking lot and then begin to tail you
I'm was sitting at a wendys in the town I live in in ohio which has a private parking lot chatting with an friend while chatting with her I notice a police cruiser a block down road on the opposite side of 5 laned road at stop sign he then pulled onto the road and into the wendys as she went I side... Read more »
He can follow you sure. Did you signal the turn into the gas station? If not, then he’s got you.
Q: Can we get in trouble? Thank you!
Me and my father are living in Florida, and he got the Nevada Driver's License, because there he has the documents that they required. We bought a car in Colorado. But now we are in Florida, with Nevada drivers license only, we don't have the required documents to get a Florida's License. We have... Read more »
You probably want to speak with an immigration attorney in Florida. If you do get pulled over, the officer may ask questions that could reveal your legal status in the country. If the jurisdiction in which you are pulled over has an interagency agreement with ICE, simply being pulled over and... Read more »
Q: can person name another to act on their behalf in lawsuit due to age & health reasons?
You really should discuss this with an attorney who practices in California. As a general matter, a power of attorney could enable a person to appoint another to act on their behalf in some settings, but a lawsuit is something that can personally involve a party, in terms of giving testimony,... Read more »
Q: What obligations do Municipalities have to locate and mark abandoned underground utilities for contractors?
I am a contractor for a large utility company and on a recent job i absorbed a tremendous amount of profit loss because a local municipality did not locate abandoned underground utilities in an easement. By not doing so it cost us to go over our budget. Is there any way to hold them accountable? I... Read more »
Your best (only) bet is to complain about this situation to a few members of the city council and ask them how to file a "complaint" about the incident. Most if not all municipal governments carry liability insurance to avoid having to pay "damages" for not doing their job: maintaining all city... Read more »
Q: We want to sell beer in our family's corner store. Back in 2000 my father tried to get a permit to sell beer and a local
Church objected, so his permit was denied. Are we still at risk of that happening today if we reapply? The church is not adjacent to the store and is not touching the property line. It's roughly a quarter mile away.
Probably- most cities have local ordinances which specify that any business selling alcohol have to be located various distances from churches or schools. ( The distance can vary- depending on whether the sale is for consumption on the premises or for "take out" - it can also vary for beer/ wine or... Read more »
Q: Is it illegal to cross a solid double yellow line when passing a vehicle in Pennsylvania
I was cited for PA vehicle code 3305 there was a suv pulling into a parking spot i waited until it was mostly in the spot and i went around the officer was on the opposite side of the road made a u-turn and followed me for like 10 blocks and waited until we got to the county line before pulling me... Read more »
Under those circumstances I'd plead not guilty as you only momentarily were over the line and no oncoming traffic.
Q: I tripped and broke a rib on a pathway that had a two inch crack down the center in a city park. I have witness and pics
Is it worth it to do a law suit for this unkept trail that has since been fixed
Maybe the best way to help you make your decision is to have a quick consult with an attorney in your jurisdiction. I don't know what state you are located in, but in general, cities/municipalities can be determined defendants in defending injury suits. Gather your witness testimony, photos, and... Read more »
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