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Virginia Questions & Answers
1 Answer | Asked in Criminal Law for Virginia on
Q: Will i be granted bond for a capias failure to appear with one failure to appear a year prior in another county?

I currently have a capias for failure to appear in Lynchburg, Virginia. A year ago in Campbell County, Virginia I was charged with a failure to appear. I was issued a summons. Considering the factors,what are the chances I will be granted bond by the magistrate?

Susan Fremit
Susan Fremit answered on Dec 12, 2019

It will depend on what your reason for non-appearance is. If you have a documented reason and show it to the magistrate, you may well get bond. Otherwise you will likely be held for a bond hearing before a Judge.

1 Answer | Asked in Family Law and Child Support for Virginia on
Q: Title 26 IRS code Pub. 525 states my veterans disability shall be excluded as income.Why are the courts not honoring it?

They are using that as income to calculate child support. How is that legal? Or should i get a lawyer?

Michael Christopher Miller
Michael Christopher Miller answered on Dec 12, 2019

Va. Code § 20-108.2. Guideline for determination of child support

* * *

C. For purposes of this section, "gross income" means all income from all sources, and shall include, but not be limited to, income from salaries, wages, commissions, royalties, bonuses, dividends, severance...
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1 Answer | Asked in Family Law, Products Liability, Civil Rights and Constitutional Law for Virginia on
Q: Hey, so my friend is 19 and is moving out soon. But his dad is stealing and breaking his stuff. Is this legal or illegal

Ik it seems like a silly question but better to be safe than sorry

Tim Akpinar
Tim Akpinar answered on Dec 12, 2019

I'm sorry for your friend's ordeal. Unless the possessions are very valuable, he is probably better off just getting stuff out for safekeeping as quickly as possible before further damage instead of losing time from work or school in court. Good luck

Tim Akpinar

1 Answer | Asked in Family Law and Immigration Law for Virginia on
Q: Can I leave US and return to my country of citizenship (India), and have my kids remain there with me?

I, my wife and two kids (8 and 15) are Virginia US legal permanent residents, and we all are citizens of India.

I sponsored US permanent residency to my entire family based on diversity lottery visa 3.5 years ago.

I am not happy at all in the US. I would happily return to my country... Read more »

Kevin L Dixler
Kevin L Dixler answered on Dec 12, 2019

That would be an international kidnapping crime unless you were lawfully granted full custody. It is unlikely that she would be denied joint custody unless she was abusive. In addition, it is likely that it will be in the best interests of the children for them to remain in the U. S.... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I am planning to break my lease 2 months early. Trying to understand my rights prior to signing a notice to vacate.

I had called the front desk months ago because our water bill was substantially higher. They said they would have the maintenance team check it out and gave me proper 24hr notice the first time. I was there when they came and they replaced a part in the toilet which they said should solve the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 10, 2019

You may try to use the unauthorized entry as a way to avoid liability but I think it will not be successful because landlord was repairing an issue with a leak in the premises that would benefit the tenant.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: In Virginia must I send the FINAL copy of the Unlawful Detainer to the tenant?

I received judgment & possession of my rental property (tenant did not show in court) and have since received a Writ of Eviction. Is it necessary to send the finalized copy of the Unlawful Detainer to the tenant, (the one containing the judge and clerk's signatures) as I did when the clerk first... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 10, 2019

Under Virginia law, there is no requirement for the landlord to send the tenant a copy of the final order of judgment and possession, however, you may if you want to. The landlord also is not required to send the tenant a copy of the Writ of Eviction since the Sheriff's Office will serve that Writ... Read more »

2 Answers | Asked in Contracts, Landlord - Tenant and Real Estate Law for Virginia on
Q: What options do tenants have if landlord disconnect wifi, additionally wifi, cable and the like were included in lease

VA residential lease

F. Paul Maloof
F. Paul Maloof answered on Dec 9, 2019

In Virginia, if the lease provides that the landlord shall provide wifi, cable and the like yet disconnects those services, the tenant can bring a claim against the landlord for breach of the lease contract.

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3 Answers | Asked in Personal Injury and Products Liability for Virginia on
Q: Can you sue a company because it’s product caused injury to your child and yourself
Tim Akpinar
Tim Akpinar answered on Dec 9, 2019

I'm sorry for your injuries; I hope you and your child are recovering. It's possible you could sue. But an attorney would need more information about the product and the manner in which you used it to make that determination. It's not enough that the product simply caused injury, as is the case... Read more »

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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: My landlord never gave me a new lease to sign. Would that mean I’m on a month to month I’ve lived here for almost 3 yrs

After year 2 he never came by with a new lease I’m just trying to figure out what to do if he tries to kick me out for being behind on rent or what I can do to move out and if I have to give hI’m a 30 day notice instead of a 60 day notice as he has stated in the old lease

F. Paul Maloof
F. Paul Maloof answered on Dec 8, 2019

Under the law in Virginia, when the initial term of a written lease ends and the lease is not renewed by a written agreement, the lease tenancy becomes a month to month tenancy by operation of law. A month to month tenancy can be terminated by either party by giving the other party a written 30... Read more »

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1 Answer | Asked in Child Support for Virginia on
Q: Can a judge increase my child support if I filed to decrease the amount?

The child is no longer In daycare

Michael Christopher Miller
Michael Christopher Miller answered on Dec 6, 2019

One files to modify child support, not to only increase or decrease.

Upon showing a material change of circumstances since the last order, the judge then determines the guideline amount of support under Va. Code 20-108.2. That amount is presumed correct regardless whether it is an increase...
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1 Answer | Asked in Domestic Violence for Virginia on
Q: How does the state of Virginia look at domestic violence between brothers and one is innocent?

My boyfriend had arrested and then bailed out the same night. He goes to trial tomorrow. He's innocent. He was defending himself against his brother who was attacking him. What will happen tomorrow?

Susan Fremit
Susan Fremit answered on Dec 6, 2019

Your BF has a defense if he was defending himself. If the judge believes your BF’s story, the charge will be dismissed.

1 Answer | Asked in Appeals / Appellate Law for Virginia on
Q: How could I argue in moot court for Ogden knowing that Gibbons won in the Supreme Court?
Tim Akpinar
Tim Akpinar answered on Dec 5, 2019

You could argue the position because you know it's only an exercise. You could also look at things from the perspective of the 1800s toward navigation on the nation's waterways. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law for Virginia on
Q: What I can do about someone harassing me from another state

Since February my boyfriend's ex has been creating new Facebook pages every time we block her & harassing us. We are in Virginia and she is in Louisiana. I was wondering if there's anything I can do about this legally being that she hasn't threatened us and is just more of a nuisance than anything.

Susan Fremit
Susan Fremit answered on Dec 5, 2019

Specifically tell her, in writing, to stop whatever action she is doing which you feel is harassment. You don't need to feel threatened, just harassed. If the behavior does not stop, after you have put in writing to her to stop, call the Federal Court Clerk's office in Richmond about the next... Read more »

1 Answer | Asked in Child Custody for Virginia on
Q: If a custody order was only notarized do I still have custody
Michael Christopher Miller
Michael Christopher Miller answered on Dec 5, 2019

An order would only need to be signed by a judge, and they are not typically notarized.

Agreements between parents are usually notarized, though they need not be as long as it is a signed writing, and enforceable as provided in the agreement.

1 Answer | Asked in Criminal Law for Virginia on
Q: How do I get a complete copy of the case files from the commonwealth's attorney, for a dismissed criminal case in VA
Bryan J. Jones
Bryan J. Jones answered on Dec 5, 2019

The Commonwealth's Attorney's Office is not required by law to give you a copy of your case files, even if the case was dismissed. If you had an attorney, you should contact your attorney to request that he give you a copy of his file.

1 Answer | Asked in Criminal Law for Virginia on
Q: First offender program with a conspiracy charge?

For a first offender in Virginia facing a felony drug possession and conspiracy to possess charge, how does the conspiracy charge work with the 251 dismissal?

Susan Fremit
Susan Fremit answered on Dec 5, 2019

The conspiracy charge is usually withdrawn (nolle prossed).

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: When accepting rent with reservation, am I required to include the phrase about not waiving my right to evict?

I live in Virginia and sent a letter indicating acceptance of rent with reservation to my tenant for whom I have received judgment and possession, but neglected to include the phrase about NOT waiving my right to evict.

F. Paul Maloof
F. Paul Maloof answered on Dec 4, 2019

The applicable paragraph to have in the letter is as follows:

This letter is written to notify you that your rent has been ACCEPTED WITH RESERVATION of all of Landlord’s rights and WITHOUT PREJUDICE to any right the Landlord has to proceed against you in court. This means that the...
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1 Answer | Asked in Immigration Law for Virginia on
Q: I am an immigrant that was abused physically and sexually by my husband

He took a video of him feeding my drugs and having his way with me and I can’t remember such happening and he threatened to send it to my family , now he deleted the link but I have someone I showed the video to since I can’t open the link can their statement suffice

Amanda B Cook
Amanda B Cook answered on Dec 4, 2019

You need to speak with someone experienced with VAWA applications. Often there are charitable organizations nearby that will help you with this for no charge. Here's a link to a list in Virginia:

https://www.immigrationadvocates.org/nonprofit/legaldirectory/search?state=VA

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: In Virginia, are all single family rental units now subject to the VRLTA? In the past, some landlords were excluded .

The revised FORM DC-469, (revised 10/19), now has a box to check or NOT check, that says, "This writ of eviction is requested pursuant to the VRLTA. The landlord has provided the required notice set forth in Virginia Code 55.1-1250". On the unlawful detainer, I have always indicated that a tenancy... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 4, 2019

The answer to your question is found in the Virginia Code section, as follows:

§ 55.1-1201. (Effective October 1, 2019) Applicability of chapter; local authority.

B. The provisions of this chapter shall apply to occupancy in all single-family and multifamily dwelling units and...
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1 Answer | Asked in Criminal Law for Virginia on
Q: If the state of VA does not have a defendant to press charges does that mean the state does not have a case?

arrested for "assault on family member"

Officer stated that VA code requires someone to be arrested if the police are called for a domestic issue. My husband threatened to leave with our child. I pulled his shirt to stop him and also beeped his horn so a neighbor would assist. They called... Read more »

James H. Wilson Jr.
James H. Wilson Jr. answered on Dec 4, 2019

It is not unusual in family abuse cases for the complaining witness to decline prosecution, after thinking the matter over. Nevertheless, a criminal offense is considered an offense against the state, not between two private parties, and the state could compel a witness to testify against that... Read more »

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