Virginia Questions & Answers by Practice Area
- Bankruptcy
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- Foreclosure
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- Workers' Compensation
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- Arbitration / Mediation Law
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- Child Support
- Civil Litigation
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- Communications Law
- Constitutional Law
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- Education Law
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- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
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- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents (Intellectual Property)
- Probate
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- Securities Law
- Sexual Harassment
- Small Claims
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- Uncategorized
- White Collar Crime
- Wrongful Death
Virginia Questions & Answers
Q: can i get a ticket for crossing over a solid white line?
Daniel P Leavitt's answer
You're not allowed to change lanes if it's a solid line so you're guilty of it. They may help you if you hire a lawyer.
You're not allowed to change lanes if it's a solid line so you're guilty of it. They may help you if you hire a lawyer.
Q: I was accused of harassment by computer by an individual.
Susan Fremit's answer
Tpu need to hire a local experienced criminal defence attorney to represent you on the harassment charge. That attorney will get discovery and find out what the allegations are. (You can also go to the General District court vletk’s office and adk for a copy of the criminal complaint.)
Defamation cases are hard to win in VA. Speak to a civil litigator about this course of action because it is not a criminal law matter.
Tpu need to hire a local experienced criminal defence attorney to represent you on the harassment charge. That attorney will get discovery and find out what the allegations are. (You can also go to the General District court vletk’s office and adk for a copy of the criminal complaint.)
Defamation cases are hard to win in VA. Speak to a civil litigator about this course of action because it is not a criminal law matter.
Q: 61 year old female with clean driving record. First DUI (in VA). Are exceptions ever made for age/good driver?
Daniel P Leavitt's answer
Your outcome will depend on the facts of the case. Typically the bac is the biggest factor but a good driving record helps.
Your outcome will depend on the facts of the case. Typically the bac is the biggest factor but a good driving record helps.
Q: Are there any lawyers with experience in the mental health laws is Virginia?
1 Answer
| Asked
in
Criminal Law, Civil Rights, Constitutional Law and Health Care Law
for
Virginia
on
Answered on Feb 16, 2019
Answered on Feb 16, 2019
Timur Akpinar's answer
One option is to check with the Virginia State Bar's Lawyer Referral Service.
Tim Akpinar
One option is to check with the Virginia State Bar's Lawyer Referral Service.
Tim Akpinar
Q: When you say child support continues until arrearages are paid off, do you mean as they are set now?
Michael Christopher Miller's answer
Va. Code 20-60.3, "14. Notice that in determination of a support obligation, the support obligation as it becomes due and unpaid creates a judgment by operation of law. The order shall also provide, pursuant to § 20-78.2, for interest on the arrearage at the judgment rate as established by § 6.2-302 unless the obligee, in a writing submitted to the court, waives the collection of interest."
The support cannot be changed, as stated above, they create a judgment by operation of law....
Va. Code 20-60.3, "14. Notice that in determination of a support obligation, the support obligation as it becomes due and unpaid creates a judgment by operation of law. The order shall also provide, pursuant to § 20-78.2, for interest on the arrearage at the judgment rate as established by § 6.2-302 unless the obligee, in a writing submitted to the court, waives the collection of interest."
The support cannot be changed, as stated above, they create a judgment by operation of law....
Q: In va if my child is over 18 and decides to go to college am I still required to pay child support?
Michael Christopher Miller's answer
Va. Code § 20-124.2, "C. The court may order that support be paid for any child of the parties. Upon request of either party, the court may order that such support payments be made to a special needs trust or an ABLE savings trust account as defined in § 23.1-700. The court shall also order that support will continue to be paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving...
Va. Code § 20-124.2, "C. The court may order that support be paid for any child of the parties. Upon request of either party, the court may order that such support payments be made to a special needs trust or an ABLE savings trust account as defined in § 23.1-700. The court shall also order that support will continue to be paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving...
Q: Can the court clerk decide to not appoint the executors as listed in the will and put all heirs on property deed?
Richard Sternberg's answer
“Advantage” should have no relevance to the appointment of an executor in a testate estate, and title to the land passes in Virginia outside probate subject to the actions of the executor in administering the estate. In other words, your question makes no sense, and the uncooperative heir or beneficiary shouldn’t matter. You need to sit down with a lawyer and let him read the Will and interview you. My best wild guess on the facts you’ve recited is that the probate clerk doesn’t think...
“Advantage” should have no relevance to the appointment of an executor in a testate estate, and title to the land passes in Virginia outside probate subject to the actions of the executor in administering the estate. In other words, your question makes no sense, and the uncooperative heir or beneficiary shouldn’t matter. You need to sit down with a lawyer and let him read the Will and interview you. My best wild guess on the facts you’ve recited is that the probate clerk doesn’t think...
Q: I signed contract purchase agreement, if I default as buyer, what are my risk beside loss of earnest funds?
Richard Sternberg's answer
There seems to be a widespread belief that the paper you signed, often called the purchase agreement or the sales agreement or the contract, is irrelevant because they are all the same. They are not. Further, there is appears to be a widespread belief that an interview to determine all of the facts isn’t needed, because the only relevant facts are the ones clients are focused on when they think they are in trouble. That is also false. Finally, there seems to be a widespread belief that...
There seems to be a widespread belief that the paper you signed, often called the purchase agreement or the sales agreement or the contract, is irrelevant because they are all the same. They are not. Further, there is appears to be a widespread belief that an interview to determine all of the facts isn’t needed, because the only relevant facts are the ones clients are focused on when they think they are in trouble. That is also false. Finally, there seems to be a widespread belief that...
Q: I own a trailer but rent a lot from a landlord. Whose responsibility is it to remove a hazardous tree?
F. Paul Maloof's answer
Generally in Virginia, if the lease for the land states that the Tenant is responsible for maintenance of the land, then the Tenant is responsible for the trees. If there is no mention of who is responsible for maintenance of the land, the tree is a fixture of the land and it generally is the landlord's responsibility to care for the trees. Each case will depend on the facts on a case by case basis.
Generally in Virginia, if the lease for the land states that the Tenant is responsible for maintenance of the land, then the Tenant is responsible for the trees. If there is no mention of who is responsible for maintenance of the land, the tree is a fixture of the land and it generally is the landlord's responsibility to care for the trees. Each case will depend on the facts on a case by case basis.
Q: Someone recorded mu phone conversation with them and didn't tell me i was being recorded
Daniel P Leavitt's answer
In Virginia one party to the conversation can do that as long as they're part of the conversation. However they cannot record if they're not part of the conversation.
In Virginia one party to the conversation can do that as long as they're part of the conversation. However they cannot record if they're not part of the conversation.
Q: Is it illegal for an adult to tell an adult to kill themselves through a text?
Bryan J. Jones' answer
I could be. If you encourage someone to commit a crime. There's a high profile case recently, although in a different state, where someone was convicted of a crime for encouraging someone to commit suicide.
I could be. If you encourage someone to commit a crime. There's a high profile case recently, although in a different state, where someone was convicted of a crime for encouraging someone to commit suicide.
Q: I was wondering if i needed a lawyer to fight my case?
Bryan J. Jones' answer
It would probably be a good idea to have a lawyer because the reckless driving ticket would be a permanent criminal conviction. There's a chance a lawyer could help you get the ticket reduced to a simple traffic infraction.
It would probably be a good idea to have a lawyer because the reckless driving ticket would be a permanent criminal conviction. There's a chance a lawyer could help you get the ticket reduced to a simple traffic infraction.
Q: My landlord wants me to pay with an money order through the mail, is there other ways I can pay I don't feel comfortable
F. Paul Maloof's answer
Generally, the written lease that you signed and the landlord signed will have a provision regarding what methods are acceptable for the payment of rent.
Generally, the written lease that you signed and the landlord signed will have a provision regarding what methods are acceptable for the payment of rent.
Q: How in the world do I get a 1991 map in order to prove I own land? I own a large piece of land ..
1 Answer
| Asked
in
Land Use & Zoning, Real Estate Law and Gov & Administrative Law
for
Virginia
on
Answered on Feb 11, 2019
Answered on Feb 11, 2019
Q: What can a landlord sue you for after 4 years? We went to court in 2015 for rent and dmg. He won with some reduced.
F. Paul Maloof's answer
If you want to discuss your situation, call me on Monday after 2pm. 703-684-2000.
Paul Maloof
If you want to discuss your situation, call me on Monday after 2pm. 703-684-2000.
Paul Maloof
Q: Can a landlord contact us 8 months after we move out treating to sue us for damages?
F. Paul Maloof's answer
If you had a written lease, there is a 5 year statute of limitations to bring a claim for damages. If you had an oral lease, it is a 3 year statute of limitations.
If you had a written lease, there is a 5 year statute of limitations to bring a claim for damages. If you had an oral lease, it is a 3 year statute of limitations.
Q: Real estate law
Richard Sternberg's answer
You need a lawyer to review the purchase agreement and all subsequent correspondence. There is a decent chance that the damages are limited to the deposit, but, either way, you might just compute the actual damages and pay them.
You need a lawyer to review the purchase agreement and all subsequent correspondence. There is a decent chance that the damages are limited to the deposit, but, either way, you might just compute the actual damages and pay them.
Q: Can I file a suit for workers comp injury that happened in 2014?
Jerry Lutkenhaus' answer
You generally have two (2) years from the date of your accident to file a claim for an accident at work with the Virginia Workers Compensation Commission. Sometimes, if your employer never reported the accident to the Commission, then you can use that omission as an excuse and file after the two (2) year statute of limitations. You can call the Commission to check if your accident was ever reported at: 1-877-664-2566.
You generally have two (2) years from the date of your accident to file a claim for an accident at work with the Virginia Workers Compensation Commission. Sometimes, if your employer never reported the accident to the Commission, then you can use that omission as an excuse and file after the two (2) year statute of limitations. You can call the Commission to check if your accident was ever reported at: 1-877-664-2566.
Q: va-can poa demand "road impact fee" from owner's builder when not in documents.
Richard Sternberg's answer
Your question is barely comprehensible. You need help constructing it. But, I think the answer will turn on the contents of the documents. You need a legal review of all relevant contracts, whether we are talking about the construction agreements, the home purchase contract, or any relevant HOA documents. It might be best to start with buying an hour-long consultation to better understand the question.
Your question is barely comprehensible. You need help constructing it. But, I think the answer will turn on the contents of the documents. You need a legal review of all relevant contracts, whether we are talking about the construction agreements, the home purchase contract, or any relevant HOA documents. It might be best to start with buying an hour-long consultation to better understand the question.
Q: Can my mom who has a 10 years tourist visa enters the US multiple times within 5 months?
Deron Edward Smallcomb's answer
If her trips are short, it should not be a problem to reenter. However, as a general rule, 6 months in one year is as much as is usually granted. That said, the immigration officer at the port of entry is the only one that can make that determination. You should consult an experienced immigration attorney to discuss.
If her trips are short, it should not be a problem to reenter. However, as a general rule, 6 months in one year is as much as is usually granted. That said, the immigration officer at the port of entry is the only one that can make that determination. You should consult an experienced immigration attorney to discuss.
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