Virginia Questions & Answers

Q: So is it illegal to try to be friends with a minor? And send pictures that are non sexual just face pictures?

1 Answer | Asked in Criminal Law and Sexual Harassment for Virginia on
Answered on Dec 17, 2018
Bernard Crane's answer
How old was the minor, and is the gender the same or different as yours? If we are talking about a 17 year old girl and you are a 19 year old guy, and there was nothing sexual and it was all above-board, you are probably OK. If this was a 12 year old boy or girl and you are over 20, you are probably not in a very good a situation. Either way, you should not have any further contact with the minor, OR with the parents. I wouldn't give them anything, or take their calls either.

Q: If I transfer SSI to Florida but get violated on misdemeanor probation in Virginia afterwards will I still get SSI in Fl

1 Answer | Asked in Criminal Law for Virginia on
Answered on Dec 17, 2018
Bernard Crane's answer
This is a benefits questions, not a criminal law question. Your SSI benefits will get cut off IF you are revoked and incarcerated. You don['t get cut off for having a criminal conviction or revocation. You get cut off if you are no longer on the street, and no longer need the benefits to survive. You can apply to have the benefits reinstated again after you are released.

Q: If i get a speeding ticket in MD (85 on 55) will that be transferred as RD and Criminal offense in VA driving record?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Dec 17, 2018
Daniel P Leavitt's answer
MD law will determine if it's considered reckless or a misdemeanor, but I'm pretty sure it's not. It should come in as speeding 20 mph or more which is still a 6 demerit point violation just like reckless.

Q: I have a judgement from July 2011 and was granted a discharge in December 2011. How do I get the judgement off my file?

3 Answers | Asked in Bankruptcy for Virginia on
Answered on Dec 17, 2018
Robert R Weed's answer
Sorry I don't know if the problem is that the judgment shows on your credit report, or that the judgment is attached to real estate you owned in July 2011 that you still own.

Q: Is it necessary to file for Divorce in VA if Marriage Certificate was not filed with court within 30 days of ceremony?

1 Answer | Asked in Divorce and Family Law for Virginia on
Answered on Dec 15, 2018
James H. Wilson Jr.'s answer
Virginia's public policy favors marriage and the validity of marriage in the Commonwealth. As such, Virginia has several curative statutes that may validate imperfect marriages. In addition, a party who questions the validity of a marriage may file a suit to determine the validity of the marriage or affirm the marriage under Virginia Code Section 20-90. Any putative spouse questioning the validity of a marriage should consult with an experienced Virginia matrimonial lawyer to discuss how...

Q: Can a life estate be granted to income through a premarital agreement?

1 Answer | Asked in Estate Planning for Virginia on
Answered on Dec 15, 2018
James H. Wilson Jr.'s answer
Virginia has a premarital agreement act in Chapter 8 of Title 20 of the Code of Virginia. Under Virginia's premarital agreement act the fiances may address almost any legal issue arising from the marriage, including estate planning as follows:

Virginia Code § 20-150. "Content of agreement.

Parties to a premarital agreement may contract with respect to:

1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and...

Q: I want my marriage to end. My husband is mentally and physically abusive. He will not leave. He had stolen items he gave

1 Answer | Asked in Divorce for Virginia on
Answered on Dec 15, 2018
James H. Wilson Jr.'s answer
A spouse may file immediately in Virginia for a divorce from bed and board on grounds of cruelty or reasonable apprehension of physical harm, or desertion and abandonment. The pendente lite or temporary relief available after such a case is filed can include a protective order, exclusive possession of the marital residence, spousal support, and the payment of attorney's fees and costs to carry on the case. After a year of separation, the spouse may ask for a divorce from the bond of...

Q: What is the first step to modifying a current support order?

1 Answer | Asked in Child Support for Virginia on
Answered on Dec 14, 2018
Michael Christopher Miller's answer
Making sure one has a material change of circumstances that would warrant a modification.

Then, asking the other side if they would cooperate with modifying the order.

Q: Garnishment Hearing

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Answered on Dec 14, 2018
F. Paul Maloof's answer
At a garnishment hearing, the court will hand over any checks received from the employer. If the employer does not provide any checks, you can ask for a Rule to Show Cause. The employer and/or the defendant do not have to appear at the hearing.

Q: I live in mobile home park rent ground but own home. Park says they are responsible for large trees but

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on Dec 13, 2018
F. Paul Maloof's answer
Call the office of the Virginia Attorney General and make a complaint.

Q: If I have a car that I have repaired in my shop and the customer doesn't come and pay bill.

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Small Claims for Virginia on
Answered on Dec 13, 2018
F. Paul Maloof's answer
The best way to attempt to recover the $4,500 is to file a small claims lawsuit in court.

Q: Can public schools start the day with a "prayer-like" service? They claim to be honoring the US, but it's sketchy.

1 Answer | Asked in Education Law for Virginia on
Answered on Dec 12, 2018
Jay Braddock Jackson's answer
There is really not enough information in your question. In Virginia, school officials may not impose prayers or organize prayer events, Additionally, a school's public meeting space or school auditorium may not be turned into a local church for religious celebrations.

The First Amendment protects the idea of prayer in public schools, but it also prohibits doing so in a way that can make anyone feel excluded. Students absolutely have the right to express their religious beliefs, but the...

Q: My father was recently hospitalized with severe hydration, pneumonia, severe iron deficiency and other related issues.

1 Answer | Asked in Elder Law, Medical Malpractice and Nursing Home Abuse for Virginia on
Answered on Dec 12, 2018
Jay Braddock Jackson's answer
I don't see a question in your statement of facts, but assuming that your question is whether or not you would have a case against the memory caregiver, it is not possible to tell. There are so many variables and other facts to discover before an opinion can be made. Additionally, you must know the accepted standard of care owed by the caregiver for the condition with which your father was dealing. Getting the Adult Protective Services and Department of Licensing involved was necessary. I also...

Q: I am in the process of filing for bankruptcy. Am I able to include an over payment of SNAP benefits in my bankruptcy?

1 Answer | Asked in Bankruptcy for Virginia on
Answered on Dec 12, 2018
Timothy Denison's answer
Yes. You will still be responsible. The overpayment will not be discharged with a chapter 7 bankruptcy.

Q: im 17 & slapped a pregnant women , i now have a court date what might happen?

1 Answer | Asked in Criminal Law and Juvenile Law for Virginia on
Answered on Dec 12, 2018
Bryan J. Jones' answer
You will probably be put on probation and have to complete counselling and stay out of trouble.

Q: What if I purchase a piece of furniture and the merchant proceeds to inform me they the them plus their vendor is out.

1 Answer | Asked in Business Law and Civil Litigation for Virginia on
Answered on Dec 11, 2018
F. Paul Maloof's answer
I am unsure what is your question since the words you used are confusing.

Q: What am I looking at if I get a notice that I failed to appear in court - I was pulled over for a DUI.

1 Answer | Asked in DUI / DWI for Virginia on
Answered on Dec 11, 2018
Daniel P Leavitt's answer
You will want to contact an experienced lawyer in the court where you got charged.

Your outcome will be a function of your past record, the facts of your case and whether or not there are legal defenses.

Dan

Q: I informed my landlord about a crack in the steps leading up to my unit but he never did anything about it. I

1 Answer | Asked in Personal Injury for Virginia on
Answered on Dec 11, 2018
Jay Braddock Jackson's answer
Probably not. Since you had notified your landlord, that shows that you were aware that the crack was there prior to your fall. Being aware of a dangerous condition and choosing to use that route anyway, MAY be considered to be negligent on your part. While this does not diminish your landlord's negligence at all, the law in Virginia essentially says that if you share any of the negligence in an accident, even as little as 1%, you are barred from a recovery. Since these steps led to your unit,...

Q: Can other occupants of a home be made to leave without notice after main renter has been hospitalized/ultimately death?

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on Dec 10, 2018
F. Paul Maloof's answer
Generally, Virginia law requires that all occupants be given a 5 day notice to pay or quit before the landlord can file an unlawful detainer. Only a court can order the occupants to vacate the premises.

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