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Virginia Questions & Answers
1 Answer | Asked in Criminal Law for Virginia on
Q: What are the Statue of Limitations for being charged with Unattended Misdemeanor Hit and Run in Virginia?

My parked car was hit almost a year ago and am curious as to how long the SOL are.

Shemeka C Hankins
Shemeka C Hankins answered on Oct 15, 2019

Any misdemeanor offense has a statute of limitations of one year. If you are the victim, you should have reported this to the police. Unfortunately the more time that has passed, the likelihood of the police being able to do an effective investigation into who hit your car is low.

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Civil Litigation and Landlord - Tenant for Virginia on
Q: Ex won't pay back security deposit refund that I paid.

So when my ex and I moved into an apartment together, I paid the $500 security deposit and we agreed that she wouldn't have to split it because I would get it back when we moved out. So when we move out, the apartment complex sends her the check by accident with both our names on it. She chased it... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 14, 2019

Your mosy likely recourse for success is to file a lawsuit, probably in Small Claims Court, if the amount is $5000 or less.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can I took my landlord/neighbor to court and sue her over all our personal property being destroyed cause of rats?

We have been dealing with rats in our home for 3-4 months caused by the landlord/neighbor, they've had rats alot longer then us. I've had an professional exterminator out here several times and nothing they do helps get rid of them. The rats are running everywhere day & night, urinating and pooping... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 14, 2019

In Virginia, a neighbor who is not the actual landlord of the Complaintant has no standing to bring a lawsuit under landlord-tenant laws. You may have a claim under Tort law for negligence. I do not handle Tort law matters. You should contact a lawyer who is located in your city/county for a formal... Read more »

1 Answer | Asked in Car Accidents and Insurance Defense for Virginia on
Q: Rear ended the other car backing up while parking and his insurance claims that both are responsible for damages. Why?

I was recently involved in a Car accident at the University drive way where the other car backing up while parking on my way of lane. We shared our insurance info right after - no police involved. His rear end and mine front driver end, but his insurance company claims that in VA if both vehicles... Read more »

Jay Braddock Jackson
Jay Braddock Jackson answered on Oct 14, 2019

I do not know which insurance company it is with which you are dealing, but their explanation of the liability is inadequate at best. Virginia is a contributory negligence state, which means that you have a claim against the other driver if you have not contributed to the fault in the accident in... Read more »

1 Answer | Asked in Criminal Law and Landlord - Tenant for Virginia on
Q: Can the landlord charge me a fee to repaint after I’ve moved with no damage to the walls?
F. Paul Maloof
F. Paul Maloof answered on Oct 14, 2019

A charge to repaint the premises is generally stated in the lease to give the landlord that right. If the lease has that provision, then maybe the landlord has the right. If the lease is silent regarding that fee, the landlord does not have the right to charge that repainting fee.

Q: My previous jobs payroll company released my medical status with amount my consent. The code this 24-12-21.

I have documentation of the occurrence and now I am unemployed now do to the information being released.

F. Paul Maloof
F. Paul Maloof answered on Oct 14, 2019

I do not handle employment payroll matters. Sorry.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My speeding case is missing from the published court list for the day; what should I do?

I am a tourist visiting the US and got an 80/70 ticket in the hire car. The officer misread my papers and issued the summons entering my middle name as my surname, my real surname not appearing at all.

The court list for the hearing day has been published on the VA Courts website, and my... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Oct 12, 2019

The courts add names to the docket everyday. If you ignore it you do so to your peril.

1 Answer | Asked in Constitutional Law for Virginia on
Q: explain why when a state disregards Federal Law, that is not an obstruction of justice; e.g., sanctuary city, marijuana.
Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 11, 2019

A city or state has no duty to enforce federal law. The feds are free to send their own agents to enforce their own laws ... except they don't have enough and nobody wants to pay the huge tax increase that would be undoubtedly be required to hire a couple million more government workers...

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Our lease ends in May 2020 and our landlord is requiring us to renew now, in October. Can they do that?

Our lease is from July 2019 to May 2020. They have listed a $40/month increase if we renew by Oct. 15, 2019 and a $60/mo increase if we renew after Oct. 15. I'm new to Virginia and do not know if there is rent control or other regs that allow this. I've never had a landlord request a renewal 8... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 11, 2019

The date of the lease's renewal and the date for the written notice for renewal and for the rent increase must be stated in the written lease. It would be best for your to review your lease to see what provision addresses these topics because the lease is the contract on which your have rights.... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Virginia on
Q: What are the potential risks and liabilities a cleaning business can face?
F. Paul Maloof
F. Paul Maloof answered on Oct 11, 2019

You question is too broad to give you a short answer. If you have a specific question I may be able to answer it.

1 Answer | Asked in Criminal Law for Virginia on
Q: Hey I I have questions about three misdemeanors

I have three misdemeanors on face in the court they are obstruction on a officer, public intoxication, misorderly conduct and I’ve already done the maximum penalty for misorderly conduct and public intoxication what do you think my outcome will it is my first offense

Shemeka C Hankins
Shemeka C Hankins answered on Oct 10, 2019

Every case depends on the specific facts of your case. It sounds like you don't have any prior record and this could be helpful to you. But in order to potentially keep your record clean, your best bet would be to get legal representation quickly in order to present any defenses you may have to the... Read more »

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: I signed my new lease 5 months ago and now the landlord is stating it was never signed and cannot be found.

I have been paying the new rent for months now and they are saying I have to sign a new lease. I have been here 3 years with no issues until I filed a complaint a month ago against my neighbor and now all of a sudden 5 months after I signed my lease they say I never signed it which is a lie. What... Read more »

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

Your rights are to receive a copy of the lease that you signed on the date your signed it. If the landlord misplaced the originally signed lease, you should have a copy to provide them to demonstrate evidence of the signed lease. If you do not have a copy of that originally signed lease, that... Read more »

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1 Answer | Asked in Insurance Defense and Probate for Virginia on
Q: My friend left me an insurance policy...family don't want to send it to me ...he died 3 months ago...how can I find out
Richard Sternberg
Richard Sternberg answered on Oct 10, 2019

If you know the issuer of the policy, you can contact them. If you see that a probate estate has been filed, you can check the filings there, identify the policy, and make a claim if the policy has been included in the estate. If they will not cooperate and those sources are unsuccessful, a lawyer... Read more »

2 Answers | Asked in Estate Planning and Probate for Virginia on
Q: If a parent had a child, outside of marriage, is that child due an inheritance if that parent dies in VA?

Grandparents passed with a will stating equal distribution among the surviving children. One of their children passed without a will. Sale of grandparents real estate to be divided among children of the recently deceased. Fathered a child outside of wedlock. Child was left out of listing of heirs... Read more »

James H. Wilson Jr.
James H. Wilson Jr. answered on Oct 10, 2019

This is a somewhat complicated issue which should be discussed with an experienced Virginia probate lawyer with the benefit of an illustration of the family tree. Generally, a child or descendant of a child, born out of wedlock, has the essentially the same rights as an heir as the other children... Read more »

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: After 3 years my landlord is charging me for unpaid utilities and damage fees, is this legal?
F. Paul Maloof
F. Paul Maloof answered on Oct 9, 2019

Generally in Virginia, the duty to pay the utility bills is that of the Tenant and is stated in the Residential Lease. A claim pursuant to a written agreement has a statute of limitations period in Virginia of 5 years. If the unpaid utility bills are 3 years in arrears, the landlord has a right to... Read more »

1 Answer | Asked in Copyright and Internet Law for Virginia on
Q: There is a website using my pictures without permission. What are my options?

I was asked by the founder of a dog rescue to maintain her website. In two years of maintaining that website, I had also taken pictures of the dogs and volunteers at the rescue. Since I was maintaining the website I posted those pictures on the website. The founder all of a sudden, with no... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 8, 2019

You can try asking her formally to remove the pictures as they are your property.

Your legal option is possible to sue. Expensive though.

You can recover damages caused by him using the pictures without your approval, but you have to prove that.

You can copyright the photos...
Read more »

2 Answers | Asked in Contracts and Real Estate Law for Virginia on
Q: My realtor & broker refuses to take our property off the market after we told them to. Is this legal?

We wanted to get out of our contract but they declined that. So we decided to take the house off the market. They then told us the house would remain listed until the contract expired. Can they do yhis

Ross Cameron Hart
Ross Cameron Hart answered on Oct 8, 2019

First you need to read the listing agreement you signed. Or consult a lawyer to review it and advise you of your obligations.

If you remove the property from the market, you may owe commissions and fees for early termination. And if they produce an offer that EXACTLY matches the terms...
Read more »

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1 Answer | Asked in Criminal Law and DUI / DWI for Virginia on
Q: what usually happens when charged with driving revoked (dui related) first offense
Shemeka C Hankins
Shemeka C Hankins answered on Oct 8, 2019

The answer truly is it depends. The facts from your underlying DUI will come into play, along with the facts of this offense. It is a class one misdemeanor and you can be sentenced to up to 12mos in jail and up to a $2500 fine. If you had a good behavior period on your underlying DUI, this could... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: What if a commonwealth attorney does not respond at all to expungement. Va law requires a response within 21 days
Shemeka C Hankins
Shemeka C Hankins answered on Oct 8, 2019

You should then motion the court to grant your expungement due to lack of response but you will more than likely still have to go before the judge and the Commonwealth will have an opportunity to present it's arguments at that point in time.

1 Answer | Asked in Criminal Law for Virginia on
Q: Helo with first offense mistameanor for possession.

I have never had a driver's license before. I was not driving. I am being charged with possession of marajuana (first offense mistameanor). My question is what the worst thing they can do as far as charges(I can't afford a lawyer so I will be representing myself). Particularly pertaining to the dmv... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Oct 8, 2019

Your charge can only be changed to felony if there are other factors such as the amount of marijuana, other drug paraphernalia, money you were carrying, other indicators of distribution because there is no felony level possession of marijuana, only distribution. For a first offense marijuana... Read more »

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