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In Virginia, my 17-year-old friend wants to drop charges against her 23-year-old boyfriend for having sexual relations, but her parents are insisting that she can't because they dislike him and believe she doesn't know what's best. What legal options does she have?
answered on Mar 4, 2025
Only the prosecutor can drop the charge. The case against the boyfriend is Commonwealth of Virginia v. [Boyfriend's name]. The prosecutor represents the state. Your friend can certainly give her input to the prosecutor and the judge; she has a right to give a "victim" impact... View More 
I am being asked by officers to come in for questioning regarding an assault incident where I was present. They have explained why I am being questioned, but I have not received any official documents or subpoenas. Do I legally have to speak with them, and should I consult with a lawyer first to... View More
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answered on Mar 3, 2025
You are not required to talk to them. I would be concerned that they might later try to claim that you were somehow a participant in the incident. If it were me, I would politely decline to discuss the assault with them. It might be a good idea to consult a local defense attorney about this, but... View More
I need guidance on quieting title and transferring a deceased husband's property to his family, who are the co-heirs. The widow inherited the husband's share and died intestate with no living offspring known. Her only offspring predeceased her, and it's unknown if there were any... View More
answered on Mar 1, 2025
You need to map out the family tree of the wife carefully, so you need a consult with a lawyer and, possibly, a genealogical expert. Unless some estate planning was done, it seems unlikely anything goes to husband’s descendants, but you might get a fee for acting as Administrator if you can qualify.
I need guidance on quieting title and transferring a deceased husband's property to his family, who are the co-heirs. The widow inherited the husband's share and died intestate with no living offspring known. Her only offspring predeceased her, and it's unknown if there were any... View More
answered on Mar 3, 2025
This is a difficult question to answer without more information. If the widow inherited 100% ownership in the property, only her blood line will matter. When someone dies in Virginia, without a will, owning real estate, Virginia Code section 64.2-200 govern the course of descent. I have attached... View More
My cousin was driving his car when the engine suddenly malfunctioned and exploded, causing him to hit a man who was drinking nearby. Although the man was severely injured, he is now recovering. My cousin has been sentenced to six months in jail for being 'careless.' There were cameras at... View More
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answered on Mar 1, 2025
Regarding the jail sentence: there are very specific timelines associated with appealing criminal convictions. Your cousin should speak to a criminal defense attorney about what options are available in his specific situation.
Regarding the civil demand for money: if your cousin had... View More
I am on probation and had to move to a new address within the same city. I left messages for my probation officer on January 29, 2025, January 31, 2025, and February 18, 2025, and also sent a letter providing my new address. My probation officer has not yet visited for a house check, and I have not... View More
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answered on Feb 27, 2025
Possibly. That will depend on if there were any restrictions in place on changing your address without prior approval, or if there was delay in reporting your change of address that runs afoul of their rules. Even if that was the case, not every issue results in a violation letter being sent to the... View More
I was involved in a car crash due to icy road conditions. A police report was filed, but it doesn't mention anything criminal. Some items were confiscated from my vehicle, and I'm concerned about why this happened. What steps should I take to understand the reason for the confiscation and... View More
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answered on Feb 27, 2025
Not knowing about the details about what was seized and circumstances surrounding the seizure (do not share them online), it's hard to say. You can call or visit the agency that took the items, explain your question about your property to the front desk, and you should get an answer either... View More
I filed for a temporary protective order today. There are no specific conditions mentioned in the order, and I have not been notified of any restrictions. Can I still purchase a firearm under these circumstances?
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answered on Feb 27, 2025
As the petitioner, you are not "subject to" the protective order for purposes of Virginia's gun laws. The prohibitions relate to the respondent you have filed against. You should be fine so long as nothing else disqualifies you from purchasing or possessing a firearm.
Is it illegal for a 13-year-old child to look at sexual images on a digital device in public, and what are the potential consequences for the child?
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answered on Feb 27, 2025
A very strict reading of the obscenity laws might make this a class 1 misdemeanor (for exhibiting obscene material), but in the case of a 13-year-old I would be very surprised if a petition were sought against the child. Even if a complaint were lodged, it might go through what's called a... View More
I made an unspecified violent threat to a telemarketer. This is my first incident of this nature, and I have not been contacted by law enforcement or any legal parties regarding this. Should I retain a lawyer, even though I have not been charged?
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answered on Feb 27, 2025
You can always retain a lawyer if you so choose. You could also just consult with a local lawyer to discuss your situation; many lawyers give free consultations. It's possible that the telemarketer is used to people being upset by his cold calls, or that there's no recording of the... View More
Do my roommates and I have grounds to sue our property management company for negligence in Richmond, VA? The company neglected multiple maintenance requests, including a storm drain leak that led to our basement flooding. Despite notifying them immediately, they delayed repairs, allowing the leak... View More
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answered on Feb 27, 2025
Suing is an option available to you if you can establish negligence or breach of contract, but there are other options as well - including filing insurance claims with either your renters’ insurance or the complex’s insurance carrier. I would recommend consulting with an attorney about the best... View More
I am trying to regain my driver's license and have contacted the main DMV in West Virginia, where I was informed about three citations against me. I visited the relevant county to resolve them, but one citation from 2018 is marked as not yet pled by me. This citation is a traffic offense... View More
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answered on Feb 27, 2025
If you get a compliance summary it will tell you everything you need to do in order to get a license. The WV issue is a question of WV law. If it it holding you up in VA, then you need to get advice from a WV lawyer or handle that there so it is no longer holding you up. But the compliance summary... View More
I recently filed for Chapter 7 bankruptcy through the Western District of Virginia’s eSR system. I carefully prepared all documentation and attended my 341(a) meeting on 2/14, answering everything truthfully. On 2/26, I received an email from the U.S. Trustee’s Office stating there is cause for... View More
answered on Feb 27, 2025
TRying to do your bankruptcy on your own is very dangerous. There are so many reasons that you may have incorrectly provided information in your pro se filing. So get an experienced bankruptcy attorney. Pay the fee to get it done right this time. Please never hide assets. You must be able to... View More
I am the petitioner for a family member's immigration process and am providing an Affidavit of Support. If the beneficiary is earning above the federal poverty level, am I still required to provide financial support?
answered on Feb 26, 2025
The petitioner always has to file an affidavit of support 864 form even if you don’t make the minimum income necessary to be their sponsor. The beneficiaries income can also count if they have legal permission to work and that income can be reflected on the 864 form. If you do not make the... View More
I was a passenger in a vehicle registered in the driver's name, and an illegal pipe was found inside. No one claimed ownership of the pipe at the scene, but both the driver and I were charged with possession. How is ownership determined in such cases, and what can each of us do to contest... View More
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answered on Feb 25, 2025
Possession is the issue, not ownership. Two people can be in possession of something. Actual possession is when something is found on you whereas constructive possession is not on your person but generally nearby. They have to prove possession based on the facts... proximity, etc although proximity... View More
I'm looking to start a digital product business with Kindle Direct Publishing (KDP) and Print on Demand (POD). I plan to form an LLC and am considering the legal and tax benefits. I temporarily reside in Virginia, have a CDL license in Ohio where I plan to return soon, but am also considering... View More
answered on Feb 24, 2025
You have several options which take a lot of explanation and more questions about your business and its reach. You could initially file under Virginia law and when you move to Ohio transfer the LLC to Ohio. If there are tax advantages and/or state filing advantages to form your LLC in Wyoming or... View More
I received my first DUI when I was 21, and my one-year driving restriction is about to end. I have completed all court-mandated programs, and there is no mention of an ignition interlock device requirement after the restriction in my court documents. I do not currently have a car in my name but... View More
answered on Feb 20, 2025
You should simply have to take a written test and pay the reinstatement fee to get your license back. However, I have seen the DMV state you have to get an interlock when the box was checked even when you never had on installed. This normally requires us to go back to the original trial court to... View More
I am listed on the deed of a cottage property owned by my mother in Virginia. My name was added when I was a child in 1970. I want to remove my name from the deed without receiving any monetary compensation. I haven't discussed this with my mother yet, and I'm unsure about any mortgage or... View More
answered on Feb 19, 2025
This process is not difficult. You should understand that you are not removing your name from the title to the property, but conveying your interest to the desired party. Without any consideration, you would be executing a Deed of Gift that is exempt from recording fees. If your mother is the... View More
I have a concealed carry permit in Virginia. Is it legal for me to carry the Shivworks BARRACUDA concealed for self-defense in public places?
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answered on Feb 18, 2025
Va. Code 18.2-308 outlines what categories of weapons an individual may not conceal upon his person. While it seems likely that the weapon you've mentioned is clearly NOT certain weapons that are mentioned in that statute, there is a catch all provision that criminalizes "any weapon of... View More
I have permission from my neighbor to use a portion of their land for recreational purposes, which was agreed upon verbally by both the previous and current owners since December 16, 2020. We currently have an easement for our well located on that 2/10ths of an acre section, which is part of our... View More
answered on Feb 17, 2025
To be enforceable, it must be in writing and signed by the grantor. To be useful in the event of a sale of the property. it should be recorded properly. To be unambiguous, it's not a bad idea to have the easement surveyed so it is described accurately in terms that won't change when a... View More
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