Virginia Questions & Answers

Q: i have a photography business

1 Answer | Asked in Tax Law for Virginia on
Answered on Mar 27, 2017

Single member LLCs are still taxed by the Federal Government as sole proprietorships by default. Unless you make an election to be taxed as a corporation, nothing really changed on the federal level. Even if you were a state sole proprietorship, you would still have state sales tax to worry about - they are different tax systems. You should talk to an accountant or CPA about your ongoing compliance.
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Q: i am preparing N 400 for my mother. they asked information about her kids.They are asking for A number.

1 Answer | Asked in Immigration Law for Virginia on
Answered on Mar 27, 2017

It should appear on your Naturalization Certificate. Look at that and any other paperwork you had from the citizenship process.
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Q: I received a reckless driving ticket for going 81 in a 70. my record has two other tickets but not reckless. Punishment?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Mar 24, 2017

Reckless driving is a class 1 misdemeanor in Virginia punishable by up to 12 months in jail and/or a fine up to $2500. Whatever defenses you have or punishment you may receive for a conviction would depend on the facts and circumstances of your individual case. You should consult with an attorney in the local jurisdiction where your received your ticket to discuss your specific case.
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Q: I got a ticket for speeding even though I did not reach the city limits. can a police officer give me a ticket?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Mar 24, 2017

Your question is not clear. If you were charged and are facing trial in a jurisdiction different than the one where the offense occurred, then you might have some defense on that basis. You should consult with an attorney in your local jurisdiction to discuss the facts and circumstances of your particular case.
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Q: If an inmates work release is revoked due to a reported tampering, should the inmate get a hearing to explain (in VA)?

1 Answer | Asked in DUI / DWI and Civil Rights for Virginia on
Answered on Mar 24, 2017

There is no right to work release and a Virginia court can authorize the Sheriff to allow you into you, but can not order it. Work release is a privilege offered and operated by the individual Sheriff in your jurisdiction. The Sheriff will set any rules and procedures. If the Sheriff determines you no longer qualify for it, then they can remove you from the program.
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Q: If my license was revoked from a dui 9 yrs.ago and i got pull over and got a charge the code is 18.2-272 or dwi-5407- m1

1 Answer | Asked in DUI / DWI for Virginia on
Answered on Mar 24, 2017

A class 1 misdemeanor in Virginia is punishable by up to 12 months in jail and/or a fine up tp $2500. How much time you might actually get depends on the facts and circumstances of your particular case. Do not say anything about your case on here or any other public online forum. Instead you should consult with a local attorney in the jurisdiction where you were charged with this offense. Best of luck to you
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Q: I am a US born citizen and will turn 21 on 31st May 2017, Can i submit i-130 petition in April ?

1 Answer | Asked in Immigration Law for Virginia on
Answered on Mar 23, 2017

You must be 21 and you can not use the old addition.
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Q: How much is my case worth?

2 Answers | Asked in Personal Injury and Workers' Compensation for Virginia on
Answered on Mar 22, 2017

In the incident you described you would have two claims. You would have a claim for workers' compensation due to this being an injury on the job. You would also have a personal injury claim against the driver of the tractor trailer and his employer. Unfortunately, the workers' compensation claim is a lien on the personal injury claim. This means one cannot settle the personal injury claim without resolving the workers' compensation lien. Usually, this means paying back the workers compensation...
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Q: What happens if you put extra forms in to the USCIS.

1 Answer | Asked in Immigration Law for Virginia on
Answered on Mar 22, 2017

More information is needed in order to know what forms you should file. Read the instructions carefully as well as the RFE or consult with an experienced immigration attorney.
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Q: spouse is moving to wv from va with our 2 kids there is no custody agreement in place yet hadn't went to court. can she

1 Answer | Asked in Child Custody for Virginia on
Answered on Mar 22, 2017

If the kids have lived in Virginia for more than 6 months, then Virginia is probably considered their "home state," and you could file an action in the appropriate Juvenile & Domestic Relations Court to either prevent the move or require the children be returned to Virginia. Talk to a local family law attorney, and quickly.
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Q: My separated husband has remarried how can I get him to provide me copy of divorce papers?

1 Answer | Asked in Divorce for Virginia on
Answered on Mar 21, 2017

Aside from asking him for a copy, you can go to the court that issued the divorce order and request a copy from the clerk's office. If you don't know or remember which court, search the online records of some of the circuit courts where you believe he may have filed.
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Q: can children who are age 12 and 15 that were witnesses to event be forced to testify

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Virginia on
Answered on Mar 21, 2017

Children can be subpoenaed to testify to what they've seen. Speak to your defense attorney about your trial strategy, and please don't post info about your criminal case on public forums such as this. Keep it between you and your lawyer.
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Q: I am currently a full time college student and I pay for my own tuition is there a place where I can find a immigration

1 Answer | Asked in Immigration Law for Virginia on
Answered on Mar 20, 2017

I think you'll find that many immigration attorneys offer payment plans, because we know it's a long and expensive process. Reach out to some immigration attorneys and ask - that's the only way to find out for sure. Good luck to you!
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Q: I have my kids every other weekend. But sometimes my ex brings them the whole weeek. Do I still have to give her the $

1 Answer | Asked in Divorce and DUI / DWI for Virginia on
Answered on Mar 20, 2017

You have to continue paying as ordered until a court (or DCSE, if an administrative order) changes the support amount. You can attempt to calculate what the current amount would be using online calculators, or consult with a local family law attorney to see if it's time for a Motion to Amend the support order.
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Q: I need representation in a church matter.

1 Answer | Asked in Uncategorized for Virginia on
Answered on Mar 20, 2017

Consider searching the web for church lawyers or nonprofit lawyers. They really do exist! You could also seek out a general practice lawyer in your area.
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Q: if discovery is granted in a custody case involving a grandparent and the grandparent asks for a copy of a Power of

1 Answer | Asked in Child Custody for Virginia on
Answered on Mar 19, 2017

If the POA is relevant to the case (and lots of things are relevant in a custody case), then you may have to turn it over. If there is a ground to object to turning over the item requested, you may be able to object within the 21 day limit of discovery. Consult with a family law attorney - discovery is complicated, even for attorneys.

I see you are posting from FL in the VA section of this website. I am only licensed in VA, so I have no idea what the answer is if you are seeking FL...
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Q: Married 32 years getting divorce. Can I move out of state and still be entitled to property or must I stay instate?

1 Answer | Asked in Divorce for Virginia on
Answered on Mar 19, 2017

Moving generally should not affect your marital property rights, but you should consult with a family law / divorce attorney to review the specifics of your situation before making the call.
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Q: My father was wrongfully deported over 15 years ago and I want to know what paperwork and actions do I have to take.

1 Answer | Asked in Immigration Law for Virginia on
Answered on Mar 19, 2017

An immigration attorney can help you and your father submit a Freedom of Information Act (FOIA) request to obtain copies of his immigration file. That is the first step a lawyer needs to be able to say whether there is a path for him to return.
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Q: custody is final dad owes alot of back child support now he is trying to take kids can he

1 Answer | Asked in Child Custody and Child Support for Virginia on
Answered on Mar 19, 2017

He can certainly file for a custody change, but that does not mean he will receive what he is asking for. If you receive a summons, speak with a family law attorney in your area.
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Q: Would I be able to send my daugghter to live with her aunt and Florida and go to school there? She is 15 and it's best.

1 Answer | Asked in Family Law and Child Custody for Virginia on
Answered on Mar 19, 2017

If there is no other parent to object, then you as the surviving parent are able to make these decisions. You may wish to contact a family law attorney to draft a Power of Attorney to give her aunt authority to manage daughter's affairs - otherwise, aunt may not be able to do things like get medical treatment or enroll her in school. Good luck to you.
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