My PD claimed we are not to raise motion to suppress/strike/dismiss to challenge an unlawful arrest before trial, but let the jury decide during trial. I quoted §19.2-266.2. Defense objections to be raised before trial; hearing; bill of particulars, yet he still rejected and denied. If I am to... Read more »
answered on Mar 20, 2023
If it is a challenge to reasonable suspicion, probable cause, or other constitutional challenge then that is a pretrial motion under the statute you cited.
Edit:
55.1-1204 Section C says Mr Sternberg is incorrect in his answer. He also says perjury and discrimination against protected classes is "irrelevant". I need someone who cares about those things and the law to answer.
Some points (this box isn't enough for all... Read more »
answered on Oct 4, 2022
Most of the facts in your question are irrelevant. A contract for land must be in writing or it is void. Depending on where you are, a writing can sometimes be lots of things short of a Purchase and Sale Agreement on the local Board of Realtors form. I think there is one DC case in which a check... Read more »
After being in relationship 7 years with a registered nurse relationship ended with a 1 year old child . EXTREMELY OBVIOUS that she took my personal mental health evaluation (without my permission) preformed 20 years ago . without shadow of doubt secretly used against me in a 5 year horrific... Read more »
answered on Sep 20, 2022
It is not clear that the evaluation was used against you. You could always check the court's file at the clerk's office. A court ordered evaluation could be admissible without an expert witness. Anything else would be hearsay, and the evaluator would likely be required to appear and... Read more »
But at the same time we are legally married in the us
answered on Aug 11, 2022
The U.S. Constitution requires each of the 50 states to give full faith and credit to the valid acts of its sister states. There is no such requirement for the actions of other countries, in the absence of a treaty. Instead, the concept of comity controls. Comity allows a state to recognize the... Read more »
I dont wanna be label a snitch I don’t wanna go to court
answered on Aug 6, 2022
1st - If your testimony may incriminate you, you have a right to plead the 5th Amendment.
2nd - Living in a society that values trials rather than summary convictions and executions puts a shared responsibility upon citizens to participate in this process. If you have relevant information... Read more »
Why do people in this profession think they can treat a client any way they wish?
They can't act all high and mighty cause even attorneys have made accidents too.
Nobody's perfect. Why are attorneys unprofessional?
answered on Aug 6, 2022
You may be confusing a straight, direct or blunt answer with rudeness. You state "a client" - if you are actually a client of the attorney, and the working relationship has deteriorated, you may wish to find another attorney. If the problem continues, you may find your answer in the mirror.
answered on Aug 6, 2022
Sure. The suit would have to be filed in a US court having both subject matter jurisdiction and jurisdiction over the defendant. Additionally, the suit should be filed in the proper venue.
The response above is a general statement of law and is NOT intended to be legal advice to you nor... Read more »
Hello, I'm a single mother of three beautiful small children and, in 04/2020 I began renting a small home 2 bedroom with a agreement that if remained current on my rent payments & on time every month and fixed this uninhabitable home(mold,structural damage,plumbing and electrical repairs... Read more »
answered on Dec 25, 2021
This is something that an experienced Viriginia landlord-tenant attorney should advise on. But your post remains open for three weeks and describes a heartbreaking situation. Until you are able to go over this with a Virginia attorney knowledgeable on these issues, here are a few resources that... Read more »
In 2017 I was brutally assaulted by 6 police officer during a mental health crisis. After I called an officer out for kicking me in the head he charged me with assaulting a police officer. I weighed 115lbs at the time. I was covered in bruises and my wrists were so swollen I couldn't be... Read more »
answered on Oct 15, 2021
Unfortunately, you do not have any appeal avenues regarding the criminal matter available because of the passage of time beyond the deadlines.
If you want to seek possible civil rights claims against the police officers, you need to speak to an attorney that is an expert in those matters to... Read more »
Five officers dragged my face along a parking lot then covered it up by claiming I had a "Nose Bleed". I submitted hard evidence to prove my injuries were NOT from blunt force, but from dragging. Both the Civilian Board, Police Auditor or Internal Affairs did not consider ANY OF MY... Read more »
answered on Oct 14, 2021
You can file a citizen complaint under Virginia code section 9.1-600. Your attorney should approach the Commonwealth’s attorney about the withholding of exculpatory evidence to see if he or she might reopen the case. This is serious misconduct. Talk with IAD again.
I am currently renting out my property. The contract ends November the 1st of this year. The tenants have already moved but payed for the month of October as well. Can I rekey my doors after the 2nd when the contracts ends?
answered on Oct 13, 2021
In Virginia, when the tenant has fully vacated the premises and returned the keys of possession to the landlord, the landlord has complete possession and control of the premises, which gives the landlord the authority to re-key the doors.
My father is born and raised in Danville, VA. He remarried to make his oldest daughter a legal citizen which wasn't completed. His baby mother has refused to allow us to have his body for our funeral & burial. They expect our entire family to drive 8 hours to visit my father, plus they are... Read more »
answered on Sep 21, 2021
Im sorry that you lost your father. Losing a parent at any age can be extremely difficult.
I dont think there is enough information in your question to give you an answer. My best guess from reading between the lines here is that your father died outside of Virginia in a state where he was... Read more »
I was actively having an asthma attack and I went to urgent care and they denied me treatment because I couldn't put on a mask due to my breathing difficulties. They told me that if I didn't put on a mask, I had to go elsewhere for medical attention. They told me their hospital systems... Read more »
answered on Jun 21, 2021
Dear sir / ma'am:
I am so sorry about the poor care you received. Thankfully, it sounds like you didn't suffer a permanent injury as a result of their misdiagnosis - as you acted quickly to ensure correct care and treatment. As such, you would not likely have a financially viable... Read more »
I’ve waited almost three months I had a outstanding error on my account it took me two months to get a hold of someone in the office. Got the account fixed called again to file said my claim couldn’t be processed because of an outstanding error on my account. Now I call and after the lawsuit... Read more »
On March 19, 2021, during my incarceration, a civilian doctor refused to give me a CT-Scan and a Myelogram because I had refused to submit to a COVID-19 test administered by his nurse due to my having previously experienced severe nasal pain and nose bleeds caused by previous tests for COVID-19.... Read more »
answered on May 21, 2021
I regret that I do not handle medical malpractice matters or criminal law matters. Sorry.
Disabled, w/out an Advocate or ATTY; Fearful of making wrong decision
45 yro, No Evictions, Owned Homes, Gainfully Employed, until:
Displaced by COVID after 4 yrs of caring for a parent, all savings expended.
Moved to Richmond; No SSDI, Unemp, absolutely zero aid or... Read more »
answered on May 1, 2021
Based on your financial condition, you should call Northern Virginia Legal Services on Monday for assistance. They are pro bono attorneys and may be able to help you with your current situation.
LL wont cooperate with Tenant in COVID Rent Relief Pgm (Reqd by Va and CDC Moratorium Rules)
Managed to get Eviction DISMISSED BUT:
How can I force them to cooperate with RRP before resource pool is depleted!
answered on May 1, 2021
The likelihood to force anyone to do anything these days is slim to none. You may be able to file a formal complaint against the landlord with the Office of the Virginia Attorney General in Richmond, VA.
Is that legal to knowingly give a false statement and sign when it's a lie
I’ve been living in an illegal basement for the past 6 months (I didn’t know it was illegal before moving in) I even have a month to month lease agreement.
answered on Apr 16, 2021
If you think you have an illegal lease agreement, you are entitled to bring a claim in a court of law against your landlord and seeks damages.
Hello, can you kindly please let me know how the SOL is considered in Viriginia. If the problem occured on April 15 but you did not discover the issue until May 15 , is this the date you can use to determine when the SOL ends ? I am having a challenging time finding an attorney due to complex issue... Read more »
answered on Apr 11, 2021
I regret that I do not handle personals injury cases in Virginia. Sorry.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
