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Virginia Questions & Answers
1 Answer | Asked in Criminal Law for Virginia on
Q: Is the Navy able to discharge a sailor for being arrested and charged with a felony without having been convicted yet
Shemeka C Hankins
Shemeka C Hankins answered on Jul 9, 2020

The Navy can start the process of administratively separating you from the military for a number of reasons. They can make their own determinations that are independent of the criminal process going on, especially if the person has given a statement to the military about what has happened.... Read more »

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: I was charged a fee with no prior disclosure of the amount or that I would incur that fee. Month to month -$250 a month.

This has been resolved

F. Paul Maloof
F. Paul Maloof answered on Jul 8, 2020

If you were not given the proper written notice for an increase, then you may have to sue the landlord for a refund.

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1 Answer | Asked in Appeals / Appellate Law for Virginia on
Q: found guilty [ petition show cause civil ]-ordered to pay , do you have legal right to appeal in va?

after found guilty ,ordered to pay by certain date , 90 days jailed without bond ,is that considered a final decision? - .judge did not sign case as final, untill after the arrest was made-after did not pay - by date given - . clerks office explain can not appeal case, not signed by judge as... Read more »

Charles William Michaels
Charles William Michaels answered on Jul 8, 2020

First, I am not a VA attorney. That said, I do not think you have a final judgment, yet. I assume that you were found "guilty" of civil contempt, and I assume that was for not paying child support. Unless a finding of civil contempt is separately appealable (by VA statute or rule) that is... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Virginia on
Q: I currently have two charges that deal with marijuana. One for possession of paraphernalia and the other for possession

The charges happened in Va in two different counties. They are previous charges from 2015 and 2017

Brian M. Latuga
Brian M. Latuga answered on Jul 7, 2020

Good morning. Is there a question associated with this?

2 Answers | Asked in Intellectual Property for Virginia on
Q: Is my device patent-able?

Out of my garage, I created a device for elderly and vision-impaired assistance, out of commercially available components and open source code that enhances a particular medical companies system... Is it patentable? And after it is patented, I would like to approach the medical company with the... Read more »

William Scott Goldman
William Scott Goldman answered on Jul 6, 2020

While trademarks and copyrights are my specialties, I work with several excellent patent attorneys/agents, so feel free to call or email, and I'll set up an introduction...unless a patent attorney responds directly to your request on Justia, of course!

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1 Answer | Asked in Real Estate Law for Virginia on
Q: Tenant refuses to pay half month rent because he is moving out in the middle of month. Is this allowed under COVID19?

Lease is terminating at the end of month.

Shafeek Seddiq
Shafeek Seddiq answered on Jul 6, 2020

I do not think there is any relevance of this non-payment to COVID-19, but I would suggest you see your lease agreement and what it says about leaving early and payment.

1 Answer | Asked in Criminal Law for Virginia on
Q: I called 9 11 bc I heard people in my house the cops came and searched my house without permission,and found a pipe,

Can they legally do that. I mean can I expect an indictment,or arrest from this

Shemeka C Hankins
Shemeka C Hankins answered on Jul 6, 2020

The answer is it depends. It depends on what areas you allowed them into in order to look for the robbers. If they then saw something in plain view, not hidden away, they can grab that. But there may be a very good cause of action if they were moving things about and searching in containers b/c... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: When you call the police to your home because it's being robbed,can they search your stuff and arrest you without a warr

Without a search warrant,say I call the cops to see if my house is being robbed . can they search my house a look for stuff then arrest me ?

Shemeka C Hankins
Shemeka C Hankins answered on Jul 6, 2020

The answer is it depends. It depends on what areas you allowed them into in order to look for the robbers. If they then saw something in plain view, not hidden away, they can grab that. But there may be a very good cause of action if they were moving things about and searching in containers b/c... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Municipal Law for Virginia on
Q: Has there ever been a case that was successful in the US where city council members were sued for their breach of oath

of office and the prosecutor won?

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

There is a concept called "immunity" in the law that shields people in public office from citizen disputes over discretionary decisions that are made. Police have it, council and school board members have it, judges have it and POTUS has it. An exception to this would be when the public... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Virginia on
Q: My workplace is trying to use a plea of innocence as evidence for wrong doing. Should I seek representation?

My workplace is trying to punish me for "performance issues" and in their reasoning for punishment, they cite multiple instances where I plead innocence in personal conversation with my boss as evidence that I am guilty of "hiding work" or purposely misdoing work. That's... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

The 5th amendment right against self incrimination, found in the Bill of Rights in the US Constitution and many state constitutions, works to shield you from testifying against yourself as against THE GOVERNMENT. So unless your employer is a Federal or State agency of the government, your... Read more »

1 Answer | Asked in Uncategorized for Virginia on
Q: I was exposed to coronavirus due to negligence as a nurse. What are my options?

I was subjected to a high risk exposure of Covid-19 due to emergency department staff not doing their due diligence. A patient with covid symptoms was not tested and rushed to the floor. During his stay the patient was given an aerosolizing procedure shortly before I entered the room. This is a... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 5, 2020

A Virginia attorney could advise best, but your post remains open for a week. I'm sorry this happened to you and that greater safeguards were not taken to protect your safety. Contact a Virginia employment attorney to see if you could arrange a free initial consult (many attorneys offer that,... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I gave notice to vacate but now would like to continue month to month. The landlord refuses. What can I do?

I was on month to month before I gave notice to vacate

F. Paul Maloof
F. Paul Maloof answered on Jul 4, 2020

When a tenant gives his/her notice to vacate the premises and terminate the lease, that stands firm for the end of the lease, unless the landlord agrees otherwise in writing to extend the lease. It sounds like you have no option but to vacate the premises since the landlord refused to extend the... Read more »

1 Answer | Asked in Consumer Law, Products Liability, Business Law and Gov & Administrative Law for Virginia on
Q: I ordered an item from etsy. Cant pay import fees.

Ordered $23 item did not know it was coming from Europe. Seller wont cancel. What happens if i dont pay duties/import fees.

Tim Akpinar
Tim Akpinar answered on Jul 4, 2020

A Virginia attorney could advise best, but your post remains open for five weeks. You could check their terms of service, or if there are internal provisions for resolution of disputes. Good luck

Tim Akpinar

1 Answer | Asked in Cannabis & Marijuana Law for Virginia on
Q: Marijuana is now decriminalized in VA. I was charged before it passed but still haven't been to court. What will happen?
Shemeka C Hankins
Shemeka C Hankins answered on Jul 3, 2020

It will depend on the judge and the facts surrounding your situation. If it is a first time offense it is highly likely that the judge will follow the new decriminalization statute.

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: My boyfriend was charged with his first misdemeanor DV charge. He has no criminal record. What will the court prob. say?

My boyfriend was charged with his first misdemeanor DV charge. The victim made a statement under the influence of alcohol and the police took pictures of arm scratches (did not break the skin). He has no criminal record. What will the court most likely rule? Will he go to jail?

Shemeka C Hankins
Shemeka C Hankins answered on Jul 2, 2020

The answer to the question depends on a number of factors. Obviously with no criminal record and minimal injuries, things could be looked at very positively by the court. However, a domestic violence charge in Virginia carries up to twelve months in jail and up to a $2500 fine, if he is found... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Virginia on
Q: Is it legal to transfer someone across state lines in reference to a civil case without any extradition hearing?

I have filed a Habeas petition in the 4th circuit on this issue. See Hommel v. Unknown, et al. I was civilly commited in virginia in 2007, but never was commited, as the order was stayed. Instead i was transfered to Federal custody in the northern district of ohio where i served approx. 10.9... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jul 1, 2020

I regret that I do not handle criminal law matter. Sorry.

1 Answer | Asked in Divorce, Family Law and Libel & Slander for Virginia on
Q: My parents are going through a divorce and my mom is making false financial abuse claims against my father.

No

Steven Krieger
Steven Krieger answered on Jun 30, 2020

You have no responsibility to do anything. While your parents divorce certainly impacts you, you do not have any legal responsibility to do anything or be involved. If you WANT to be involved that's a different story and you could be involved as much or as little as you feel comfortable with,... Read more »

3 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can a Landlord Lock a commercial tenant out without notice
F. Paul Maloof
F. Paul Maloof answered on Jun 30, 2020

In Virginia with regard to a commercial lease, the terms and conditions that are embodied in the four corners of the lease agreement control the rights and obligations of the parties. If the commercial lease provides that the landlord may change the locks if the tenant does not fulfill a provision... Read more »

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1 Answer | Asked in Civil Litigation for Virginia on
Q: He is renting basement apartment, been very rude, threatening past month.
Steven Krieger
Steven Krieger answered on Jun 29, 2020

Of course, it's your choice whether or not to hire a lawyer, but we've (most likely) handled many more evictions, so if you can afford a lawyer, it'll save you the hassle and headache. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck!

2 Answers | Asked in Civil Litigation for Virginia on
Q: Is it best to get lawyer to remove tenant trespassing without lease, or not?

Lease expired over year ago, he has been late multiple times, now is not paying rent past month, harassing us. Saying he will turn power off, water, block driveway.

Steven Krieger
Steven Krieger answered on Jun 29, 2020

Of course, it's your choice whether or not to hire a lawyer, but we've (most likely) handled many more evictions, so if you can afford a lawyer, it'll save you the hassle and headache. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck!

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