Virginia Questions & Answers by Practice Area
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Virginia Questions & Answers
Q: How can I get a speeding ticket from 3 years ago reduced or removed from my record in Virginia Beach?
Daniel P Leavitt's answer
It sounds like it is a criminal misdemeanor reckless driving charge and not a simple speeding ticket. Either way, I don't think there is anything you can do. You have ten days to appeal after a conviction and 60 days to file a motion to reopen. Some judges bend the 60 day rule but I don't know any judge that will bend anywhere near 3 years ago.
It sounds like it is a criminal misdemeanor reckless driving charge and not a simple speeding ticket. Either way, I don't think there is anything you can do. You have ten days to appeal after a conviction and 60 days to file a motion to reopen. Some judges bend the 60 day rule but I don't know any judge that will bend anywhere near 3 years ago.
Q: Hello, I have a chapter 13 case and I fell behind in my mortgage payments so I received a motion to lift the stay
Kevin M Rogers' answer
You will be fine. THAT’S what Chapter 13 is for. It would be a different matter if the Mortgagee could prove that your house had NO equity. Because it is the equity in your house that the court will find is necessary for your rehabilitation.
Your lawyer will amend your Plan, adding a new, secured creditor - the same Mortgagee except the amount he will be owed is EXACTLY the amount, including interest of the arrears. You will pay this through the Plan, through the Trustee and it will...
You will be fine. THAT’S what Chapter 13 is for. It would be a different matter if the Mortgagee could prove that your house had NO equity. Because it is the equity in your house that the court will find is necessary for your rehabilitation.
Your lawyer will amend your Plan, adding a new, secured creditor - the same Mortgagee except the amount he will be owed is EXACTLY the amount, including interest of the arrears. You will pay this through the Plan, through the Trustee and it will...
Q: Would i be able to get him back?
Bruce Alexander Minnick's answer
Even though your female friend has not told her side of the story here, this appears to be another "he said she said" situation. Unless I miss my guess, your female friend would probably say that you gave the dog to her, and that she never said she would return the dog "whenever you were ready." Accordingly, there appears to be no way to resolve this issue short of expensive litigation. Whether or not you will win or "be able to get him back" is impossible to know.
Even though your female friend has not told her side of the story here, this appears to be another "he said she said" situation. Unless I miss my guess, your female friend would probably say that you gave the dog to her, and that she never said she would return the dog "whenever you were ready." Accordingly, there appears to be no way to resolve this issue short of expensive litigation. Whether or not you will win or "be able to get him back" is impossible to know.
Q: If someone lies to obtain criminal charges and later demands financial compensation to drop charges, is this extortion?
Bruce Alexander Minnick's answer
Sure sounds like extortion to me. However, since you think "extortion" is the opposing counsel's "negotiation tactic," and since you also have a lawyer, you are advised to instruct your lawyer to file a criminal complaint against the PARTY (not his lawyer) who filed the bogus criminal complaint against you.
Sure sounds like extortion to me. However, since you think "extortion" is the opposing counsel's "negotiation tactic," and since you also have a lawyer, you are advised to instruct your lawyer to file a criminal complaint against the PARTY (not his lawyer) who filed the bogus criminal complaint against you.
Q: Can I challenge my fathers wife of less that 8 years on my fathers estate?
1 Answer
| Asked
in
Civil Litigation, Estate Planning and Family Law
for
Virginia
on
Answered on Apr 15, 2019
Answered on Apr 15, 2019
F. Paul Maloof's answer
Since you father died without a Will, the Virginia Code's provisions of Intestate Succession control the distribution of his estate. The Virginia Code's provisions for Intestate Succession are long and complicated. It would be best for you to hire a lawyer to provide you with a written opinion relating to your questions. This public website is not an appropriate and confidential way to provide an opinion of Virginia law.
Since you father died without a Will, the Virginia Code's provisions of Intestate Succession control the distribution of his estate. The Virginia Code's provisions for Intestate Succession are long and complicated. It would be best for you to hire a lawyer to provide you with a written opinion relating to your questions. This public website is not an appropriate and confidential way to provide an opinion of Virginia law.
Q: I had a train derail in my backyard April 6th and I was just wondering what needs to be done to comtactthe train company
F. Paul Maloof's answer
You should contact either the local police or the federal Transportation Safety Administration for information as to how to contact the train company.
You should contact either the local police or the federal Transportation Safety Administration for information as to how to contact the train company.
Q: How can I find out what I need to do in Pa. To get my license back? Got a compliance letter from DMV here in VA.
Paula Hough's answer
You should reach out to the Pennsylvania DMV. It will tell you how to come into compliance in PA and clear up your suspension(s) there so that you'll be okay to get your license in Virginia.
You should reach out to the Pennsylvania DMV. It will tell you how to come into compliance in PA and clear up your suspension(s) there so that you'll be okay to get your license in Virginia.
Q: Can I be charged with extortion if I demand money from someone *before* I drop fraudulent criminal charges against them?
Paula Hough's answer
Virginia Code § 18.2-59 defines Extortion in part as:
Any person who (i) threatens injury to the character, person, or property of another person [or] (ii) accuses him of any offense...and thereby extorts money, property, or pecuniary benefit...from him or any other person, is guilty of a Class 5 felony.
In addition to a potential extortion violation, there are other charges for which someone could be charged if they falsely accused someone else of a crime. You should reach...
Virginia Code § 18.2-59 defines Extortion in part as:
Any person who (i) threatens injury to the character, person, or property of another person [or] (ii) accuses him of any offense...and thereby extorts money, property, or pecuniary benefit...from him or any other person, is guilty of a Class 5 felony.
In addition to a potential extortion violation, there are other charges for which someone could be charged if they falsely accused someone else of a crime. You should reach...
Q: Been trying to get my license back. I have a ticket in PA from over 25-30 yrs ago.
Daniel P Leavitt's answer
Get a compliance summary from the Virginia DMV that will tell you what you need to do.
Get a compliance summary from the Virginia DMV that will tell you what you need to do.
Q: If we pay a prorated rent for moving in on the 19th of the month, why were we over charged the amount per the lease?
F. Paul Maloof's answer
You should not be overcharged for the monthly rent. The story you indicated sounds very unusual.
You should not be overcharged for the monthly rent. The story you indicated sounds very unusual.
Q: Husband charged DV 2002 completed probation & told after completion charges dismissed under 1st offender but weren’t why
Daniel P Leavitt's answer
If he can show it was supposed to be dismissed and he complied 100 percent then yes. He has to show it was essentially a clerical error.
If he can show it was supposed to be dismissed and he complied 100 percent then yes. He has to show it was essentially a clerical error.
Q: Our landlords are taking us to court to evict us (in VA). If the judge sides with them, how long will we have to move?
F. Paul Maloof's answer
Generally in Virginia, the initial court date is a first return date at which time the Judge asks if all the parties are in attendance before the court and whether the defendant admits to the claims brought by the plaintiff or disputes the claims. If the defendant admits the claims and the amounts, the Judge enters a "consent judgment." If the defendant disputes the claims, the Judge will set a date for the trial some time in the future. As a defendant, you have a right to ask the Judge to...
Generally in Virginia, the initial court date is a first return date at which time the Judge asks if all the parties are in attendance before the court and whether the defendant admits to the claims brought by the plaintiff or disputes the claims. If the defendant admits the claims and the amounts, the Judge enters a "consent judgment." If the defendant disputes the claims, the Judge will set a date for the trial some time in the future. As a defendant, you have a right to ask the Judge to...
Q: Can I video record the exchange of my own child between his mother and myself on public property?
1 Answer
| Asked
in
Criminal Law, Family Law and Child Custody
for
Virginia
on
Answered on Apr 10, 2019
Answered on Apr 10, 2019
Bryan J. Jones' answer
It's legal as long as it's public and there's no expectation of privacy. You should be careful because the situation could escalate. Most people don't like having cameras in their faces.
It's legal as long as it's public and there's no expectation of privacy. You should be careful because the situation could escalate. Most people don't like having cameras in their faces.
Q: How to avoid H1B Speciality Occupation RFE?
Hector E. Quiroga's answer
If you do not plan to follow through with the any type of immigration case, it is better to withdraw it then wait for an RFE and a potential denial.
If you do not plan to follow through with the any type of immigration case, it is better to withdraw it then wait for an RFE and a potential denial.
Q: I just got my first dwi bac .23. I see mandatory jail time is 10 days in Va. will they consider no jail?
Paula Hough's answer
By statute, the judge will be required to sentence you to 10 days of mandatory incarceration IF you are found guilty of DUI with that elevated blood alcohol content. You should contact an attorney right away (or ask for the Court to appoint you an attorney). There are many legal issues with DUI cases, which could lead to your jail time getting reduced or your charge being reduced/dismissed.
By statute, the judge will be required to sentence you to 10 days of mandatory incarceration IF you are found guilty of DUI with that elevated blood alcohol content. You should contact an attorney right away (or ask for the Court to appoint you an attorney). There are many legal issues with DUI cases, which could lead to your jail time getting reduced or your charge being reduced/dismissed.
Q: dealing with USAA and identity theft & they continue to allow our account to be breached despite our daily calls. HELP
1 Answer
| Asked
in
Banking, Identity Theft and Small Claims
for
Virginia
on
Answered on Apr 9, 2019
Answered on Apr 9, 2019
Bruce Alexander Minnick's answer
This sounds like some sort of an insider electronic hacking situation. If the amount of money is worth it, try hiring a lawyer to take up the job of fighting with the USAA bureaucracy instead of you having to do it. The first order of business would be to move all the money you still have at USAA to another unaffiliated bank that you can trust. Try to get a cashier's check, cash it out at another bank where you are well known, and then take the case to a third bank and open a new account. Best...
This sounds like some sort of an insider electronic hacking situation. If the amount of money is worth it, try hiring a lawyer to take up the job of fighting with the USAA bureaucracy instead of you having to do it. The first order of business would be to move all the money you still have at USAA to another unaffiliated bank that you can trust. Try to get a cashier's check, cash it out at another bank where you are well known, and then take the case to a third bank and open a new account. Best...
Q: SSDI asked for information to make a fully favorable decision on the record, after being denied, is that good news?
Jerry Lutkenhaus' answer
Since he is over 55 with less than a high school education and he cannot do his prior work, he should have a great chance. I base this opinion on 35 years of Social Security Disability practice in the Richmond, Virginia area.
Since he is over 55 with less than a high school education and he cannot do his prior work, he should have a great chance. I base this opinion on 35 years of Social Security Disability practice in the Richmond, Virginia area.
Q: Is my lease valid if the owner did not have the proper zoning permit for an accesory dwelling in Arlington?
1 Answer
| Asked
in
Consumer Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant
for
Virginia
on
Answered on Apr 7, 2019
Answered on Apr 7, 2019
F. Paul Maloof's answer
If the landlord will not agree to terminate your lease, you will need to file suit and seek a judge to determine the lease is void as a matter of law.
If the landlord will not agree to terminate your lease, you will need to file suit and seek a judge to determine the lease is void as a matter of law.
Q: What are my rights as a renter? How much notice must a landlord give tenant to vacate property?
F. Paul Maloof's answer
A lot depends on what is stated in the lease about the amount of time for the landlord to give notice to the tenant to vacate. If you have a written lease that ends on 6/22/19, there may be no need to give any notice as that date will be the end of the lease term. The sale of the property has no effect on the end of the lease term.
A lot depends on what is stated in the lease about the amount of time for the landlord to give notice to the tenant to vacate. If you have a written lease that ends on 6/22/19, there may be no need to give any notice as that date will be the end of the lease term. The sale of the property has no effect on the end of the lease term.
Q: We bought mobile home title was in sellers name , land owner says mobile home belongs to them , that we cant legally own
Richard Sternberg's answer
You need to get a lawyer to read all the contracts. I've seen on TV that there is an ongoing scam in which landowners purport to sell mobile homes for extremely attractive prices, but the land lease on the property is where the landlord makes the money, and the landlord asserts a security interest in the home, so that the buyer actually owns nothing of value and cannot sell it without entrapping the buyer in the overpriced lease. By avoiding legal review, you may have just bought into the...
You need to get a lawyer to read all the contracts. I've seen on TV that there is an ongoing scam in which landowners purport to sell mobile homes for extremely attractive prices, but the land lease on the property is where the landlord makes the money, and the landlord asserts a security interest in the home, so that the buyer actually owns nothing of value and cannot sell it without entrapping the buyer in the overpriced lease. By avoiding legal review, you may have just bought into the...
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