Virginia Questions & Answers

Q: Owner financed home our deed of trust says we our required to have insurance in the amount of $0.

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Nov 18, 2017

The Deed of Trust supporting the Note should be recorded and both title and homeowners insurance should name them as additional named insureds. The explanation is longer than the solution, but doing a proper closing for the Note creates an insurable interest and secures the creditor. A CRESPA agent anywhere in Virginia can fix this, and many lawyers are CRESPA agents.
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Q: My name was spelled wrong on a citation for misdemeanor possession. Is that grounds for license to dismiss?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Nov 18, 2017

No, in Virginia the courts call that harmless error and do not dismiss the Summons. The Judge will correct the mistake and move forward with the case. You need an experienced criminal defense lawyer to review the case and analyze the facts to discover any technical defenses to the offense. It is a misdemeanor that carries the potential for loss of license, jail time and fines.
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Q: Court documentation of suspended time

1 Answer | Asked in Criminal Law and Civil Rights for Virginia on
Answered on Nov 18, 2017

A sentence of 20 years with 18 years 10 months suspended means the active sentence (what the defendant must serve) is 1 year 2 months. A sentence of 20 years with 19 year 10 months suspended means the active sentence is 2 months. Of the active part, the defendant serves 85%. Whatever sentence order the judge signed is what the jail will follow. It may be that the defefendant’s attorney negotiated a sentence of “time served”. The defendant should speak to his attorney.
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Q: can a violent crime that happened 7 years ago be expunged if its a first and only offense?

1 Answer | Asked in Criminal Law for Virginia on
Answered on Nov 17, 2017

If you were convicted of the crime or you had a deferral that involved a plea of guilty, you would unfortunately not be eligible for expungement of the arrest. You must get the charge dismissed, nolle prosequi or be acquitted at trial to be eligible for expungement in Virginia. The requirements for expungement are strict in this state and convictions do not qualify under the statute.
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Q: Can I filed for divorce in the State of VIrginia on the grounds of adultery if I am the offender?

1 Answer | Asked in Divorce for Virginia on
Answered on Nov 17, 2017

No.

Va. Code § 20-94. Effect of cohabitation after knowledge of adultery, sodomy or buggery; lapse of five years.

When the suit is for divorce for adultery, sodomy, or buggery, the divorce shall not be granted, if it appear that the parties voluntarily cohabited after the knowledge of the fact of adultery, sodomy or buggery, or that it occurred more than five years before the institution of the suit, or that it was committed by the procurement or connivance of the party...
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Q: I signed PA to sell rental property to buyers. After 15 day DD expired, they sent mod for $20K less. Can we cancel?

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Nov 17, 2017

Guessing without reading the contract and the email or text exchanges is just, quite simply, malpractice. Get a lawyer to read the contracts. You'll save a fortune in "pay me now or pay me (more) later" fees."
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Q: We recently moved out of a house in Arlington, VA and our landlord came back and is asking for additional compensation

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on Nov 17, 2017

In Virginia, a residential landlord is required to provide the tenant who moved out with a move out inspection and after 30 days from the date that the landlord received possession back, a itemization of property damages that the landlord claims are the fault of the tenant and deductible from the security deposit. The tenant should have a record of the condition of the rental unit on the day of taking possession (move in date) so there is a record for comparison with the move out date...
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Q: Real property was devised between two siblings. One sibling died and the other sold the property without informing heir

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Nov 17, 2017

A foreclosure usually resolves that issue in favor of the holder of the note for the loan, but I am confused by your description. The pronoun use doesn't make sense as I read it. You need to consult an attorney to review the facts and the title.
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Q: Can I request a continuance for a pendente lite motion when I was only given a 12 hour notice of the motion?

1 Answer | Asked in Divorce for Virginia on
Answered on Nov 17, 2017

This notice is too short of course; however, you need to show up in court or get a call or faxed letter in as soon as you can, so as not to give the opposing party opportunity to say that you didn't show because you don't care. I am sure that the Court would notice and take notice of the late service, but this is never a guarantee. In the meantime, be sure to retain Counsel! Our best to you.
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Q: our rental management office charged us $1325 for a mold test we never asked for. If we don't pay can they evict?

2 Answers | Asked in Landlord - Tenant for Virginia on
Answered on Nov 16, 2017

You can ask in writing who requested for mold test? Did they inform you not properly notify you of such a test being carried out at the cost of lessee? If answer is no, then you are not liable for any such charges to be paid or plan to be deducted against a rent.

While writing you should also make them clear that they refrain from adjusting against any due rent and that any such move would be liable to proceed against them in the court at their cost.
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Q: my sister charge with obtain money under false pretense under $200 and failure to appear and then contempt court

1 Answer | Asked in Criminal Law for Virginia on
Answered on Nov 16, 2017

Every time you don't appear in court when you've been recognized to appear in court you can be charged with a new failure to appear or contempt charge.
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Q: What are my custody options if the other parent is moving out of state

1 Answer | Asked in Child Custody for Virginia on
Answered on Nov 16, 2017

You have the right to file with the Court to try and enjoin the other parent from moving the child out of Virginia. Depending on the current court order, just because you are not the primary residential parent, the other parent doesn't automatically have the right to relocate out of state with the child.
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Q: If my twins were born in va but I reside in N.C. can I file in va, I will be staying with my grandma in va for a while

1 Answer | Asked in Family Law for Virginia on
Answered on Nov 16, 2017

Depends upon what you are filing for?

Custody and visitation matters are originally filed in the court of the jurisdiction where the child(ren) has/have lived for the preceding six months.

Child support can be filed where you reside but the case will be transferred to the court in the payor's jurisdiction. Or, you can file there directly and save the transfer process.
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Q: My daughter turned 18 in August and is a full time college student is my ex husband still obligated to pay child support

2 Answers | Asked in Child Support for Virginia on
Answered on Nov 16, 2017

The law in Virginia is that once the child turns 18 and has graduated high school, there is no more obligation to pay child support or share any expenses for children, unless they are disabled and were disabled prior to becoming 18. If you have a written Agreement with your ex-husband that states otherwise, then there may be an obligation on your ex's part.
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Q: I got hurt at work and went to file a claim for workrs' comp. In the interim, I ended up getting convicted of another

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Nov 15, 2017

While you are in jail for fraud, you won’t be able to collect workers compensation payments. If you don’t go to jail, then you can collect workers compensation payments.
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Q: Can you get locked up at the prelimnary hearing while out on bond

1 Answer | Asked in Criminal Law for Virginia on
Answered on Nov 15, 2017

Yes. It most jurisdictions it's rare. But if you've violated the conditions of your bond, the prosecutor and ask the judge to revoke your bond and lock you up.
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Q: Can someone be charged with possession of a firearm by a convicted felon if their civil rights have been restored?

1 Answer | Asked in Criminal Law for Virginia on
Answered on Nov 15, 2017

Yes. Getting your civil rights restored generally just means voting rights. To get your firearm rights back, you have to file a special petition with the circuit court.
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Q: Can I dispute late fees charged by the leaser?

2 Answers | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Virginia on
Answered on Nov 15, 2017

I think you cannot dispute the late fees that you agreed to in writing when you signed the lease. Perhaps you can ask the landlord to modify the lease so that you can pay your rent as soon as you get paid. The agreement to modify the lease must be in writing.
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Q: Hello, I have a question in regards to Virginia law on assault charges on a minor

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Answered on Nov 15, 2017

The minor child may be charged with misdemeanor domestic assault. However, she may have a defense to the charge based on 'defense of others.' The prosecutor (Commonwealth Attorney) handling the case may elect to nolle prosequi or dismiss the case. Contact an experienced criminal defense attorney in your area for a free consultation.
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Q: Can I move my girlfriend in with me if my kids live here and in the middle of a divorce

1 Answer | Asked in Divorce and Family Law for Virginia on
Answered on Nov 15, 2017

In Virginia, It is not advisable to be in a relationship until after the divorce is final.
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