Virginia Civil Rights Questions & Answers

Q: Newly renting, Carpets smell like urine, 2 small babies in house. Owner refuses to replace them. What rights do we have?

1 Answer | Asked in Civil Rights, Real Estate Law and Landlord - Tenant for Virginia on
Answered on Mar 3, 2019
Daniel P Leavitt's answer
Check your rental agreement first and also see if the Virginia Landlord Tenant Agreement covers this situation. It may be something you want to retain a lawyer to investigate further as they can tell you what rights you may or may not have and also your liability if you choose to breach your agreement (assuming that it would be a breach and it may not). It's possible the landlord is breaching but you really should pay a lawyer to investigate or do the work yourself on it.

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
Timur Akpinar's answer
One option is to check with the Virginia State Bar's Lawyer Referral Service.

Tim Akpinar

Q: My ex is filing a damaged property claim against me. If I haven't done anything wrong, how can I defend myself?

1 Answer | Asked in Libel & Slander, Animal / Dog Law, Civil Litigation and Civil Rights for Virginia on
Answered on Feb 1, 2019
F. Paul Maloof's answer
Rather than suing for emotional harassment, which may require your physiatrist's testimony to prove your claim, you would be better served to go to the Court and apply for a "protective order" based on harassment.

I do not handle domestic cases, especially with regard to cats. Sorry.

Q: I have a felony eluding the police that has been going on in the courts since march 2018 and was put under advisement.

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Virginia on
Answered on Jan 22, 2019
Susan Fremit's answer
You need to speak to your attorney regarding what you need to do to try to avoid a felony conviction, which will remain on your criminal record for life. Start your community service hours immediately. Speak to your attorney about the possibility of converting your court costs to community service hours.

Q: is it illegal for a citizen to install bugs or videos in my house without my permission or to hack into my phone?

2 Answers | Asked in Civil Rights and Criminal Law for Virginia on
Answered on Dec 18, 2018
Daniel P Leavitt's answer
Read the following law:

https://law.lis.virginia.gov/vacode/title19.2/chapter6/section19.2-62/

Virginia is a one party consent state to record. If there is a police report then it appears you reported this to the appropriate investigative body.

Q: How long is a show cause order valid, really?

2 Answers | Asked in Contracts, Divorce, Civil Litigation and Civil Rights for Virginia on
Answered on Oct 26, 2018
Gary Kollin's answer
You need a lawyer. You were not successful in your argument.

Q: Do I need a lawyer that specializes in commuted sentences

1 Answer | Asked in Criminal Law and Civil Rights for Virginia on
Answered on Oct 26, 2018
Daniel P Leavitt's answer
It sounds as if you have answered your own question. To proceed further either your friend, or an attorney who specializes in that field, will need to figure out some way to advance the case or serve out the sentence.

Q: How do you get an interdiction removed in virginia?

1 Answer | Asked in DUI / DWI, Civil Rights and Municipal Law for Virginia on
Answered on Oct 26, 2018
Daniel P Leavitt's answer
In Virginia, the court that entered the order may amend it or cancel it:

https://law.lis.virginia.gov/vacode/title4.1/chapter3/section4.1-333/

You would need to have a hearing before the court that entered the order (and presumably satisfy them that it should not be in place).

Q: Can money be recouped for wasted time spent in jail?

1 Answer | Asked in Criminal Law and Civil Rights for Virginia on
Answered on Oct 15, 2018
Daniel P Leavitt's answer
A judge has authority to hold you in jail pending trial and to deny bond if he/she thinks you are a threat to society or a flight risk... Danger to community and flight risk govern whether a judge will grant or deny bond pending trial. Usually there are multiple judges involved on bond hearings because you can appeal a denial of bond. I am not aware of any recourse you have.

Q: False arrest. Charges dismissed in court by judge testimonies contradicted police report.

2 Answers | Asked in Civil Rights, Personal Injury and Civil Litigation for Virginia on
Answered on Sep 15, 2018
F. Paul Maloof's answer
I do not handle that type of case. Sorry.

Q: Recently moved from my fathers house, I need legal help in what to do about my car?

1 Answer | Asked in Civil Rights for Virginia on
Answered on Aug 16, 2018
Gary Kollin's answer
This is not civil rights. I would suggest contracts

Q: I was pulled over for DUI on June 29th my court date is not until November 7th that is arraignment on August 22nd for su

1 Answer | Asked in DUI / DWI and Civil Rights for Virginia on
Answered on Aug 11, 2018
Stephen Patrick Pfeiffer's answer
If you are not getting the level of representation you want you should consider hiring private counsel.

Q: Ex husband is narcissistic. Stalking my fiancé and threatening to call the cops when we’re at his place.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Virginia on
Answered on Jun 13, 2018
Gary Kollin's answer
Why doesn't your fiance file criminal charges or seek a restraining order?

Why would you be at his place?

Go to court in your divorce proceedings and get judicial involvement in child visitation.

Consult with a lawyer whether you may record the conversations since it is made openly with no expectation of privacy.

Q: I was convicted of a property crime (breaking & entering/larceny) in 1980 or 81.

1 Answer | Asked in Criminal Law and Civil Rights for Virginia on
Answered on May 15, 2018
Steve Miyares' answer
If your other rights were previously restored by the governor, then you may petition the Circuit Court in your jurisdiction for restoration of your firearm rights. I have handled several of these cases since Governor McAulliff reatored rights to many convicted felons a few years ago. You should consult with an attorney to answer questions and pursue restoration ootions about your particular situation. Good luck

Q: If my father is Puerto Rican citizen am I?

1 Answer | Asked in Adoption, Immigration Law and Civil Rights for Virginia on
Answered on May 6, 2018
Carl Shusterman's answer
You need to discuss this with an attorney who is familiar with the law in Puerto Rico.

Q: Can you sue a television show for portraying a person's faith in such a negative light that it damages that religion?

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Answered on Mar 30, 2018
Timothy R Johnson's answer
It comes down to the very specific information and portrayals depicted in the tv program, but 99.9% of the time: no. As long as the information presented is truthful, or at least based on a reasonable belief that it's truthful (ex: sources that appear reliable), any depiction is fair.

The same can be said even if it's all negative opinion based. If the interviewers all said, "[X] religion is just a bunch of idiots." That's not actionable since opinions are protected speech and it's not...

Q: If I never had a write up and never been in trouble at work not once and how can you get fired if some one lies on you ?

1 Answer | Asked in Employment Discrimination, Employment Law, Workers' Compensation and Civil Rights for Virginia on
Answered on Mar 28, 2018
Timothy R Johnson's answer
An employer can fire you for any reason at all in Virginia unless you have a contract or the reason behind firing you was based on unlawful discrimination (race; religion; gender; age; etc.). If an employer heard about you through another employee, regardless whether it was true or not, the employer can fire you without any repercussion.

Q: I was wondering can I sue a county for wrongful arrest?

1 Answer | Asked in Civil Rights for Virginia on
Answered on Mar 22, 2018
Timothy R Johnson's answer
I don't believe you have a case.

1. Unless you have facts that can establish that certain county officials intentionally maintained an arrest warrant against you, knowing there was no basis for doing so, they are going to be protected by sovereign immunity, as well as general principles of civil rights laws requiring a heightened standard that the government official acted way outside of line of their duties.

2. Even if you could establish what I said in point 1 above, a...

Q: Can newspaper reporters be subpoenaed, and forced to testify in civil cases?

1 Answer | Asked in Civil Rights for Virginia on
Answered on Feb 23, 2018
Timothy R Johnson's answer
It depends on the reporter's relevance to the case. Virginia does not have a "shield law" (statute) that would permit journalists to claim a reporter's privilege from testifying as to information obtained from confidential sources; but the Supreme Court of Virginia recognizes the "reporter's privilege" as established in Brown v. Commonwealth, 214 Va. 755 (1974). In general, the holding in that case primarily deals with a reporter not being required to testify as to information obtained...

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