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Virginia Civil Rights Questions & Answers
2 Answers | Asked in Civil Rights and Criminal Law for Virginia on
Q: is it illegal for a citizen to install bugs or videos in my house without my permission or to hack into my phone?

Someone is claiming they have video of me while on my bedroom and in my house. They have detailed knowledge of things I have done in my house. This has been ongoing for months. There is a police report. I worry that my phone has been hacked or video surveillance placed in my house. I need to... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Dec 18, 2018

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.

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2 Answers | Asked in Contracts, Divorce, Civil Litigation and Civil Rights for Virginia on
Q: How long is a show cause order valid, really?

My husband and co-owner of my home and I entered a separation agreement in 2013 that granted me the house if I paid the mortgage. He paid 3 month's mortgage in 2014 and I had proof that he was gifting them to me, but he took me to court and I was ordered to pay him back the 3 months in March... Read more »

Gary Kollin
Gary Kollin answered on Oct 26, 2018

You need a lawyer. You were not successful in your argument.

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1 Answer | Asked in Criminal Law and Civil Rights for Virginia on
Q: Do I need a lawyer that specializes in commuted sentences

A friend of mine has been incarcerated since the age of 17 for robbing the pizza man for 50 dollars at gun point he did not touch the man but a gun was involved. He was not the individual holding the gun but the one holding the gun testified against him for a reduced sentence (4yrs). The other man... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Oct 26, 2018

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.

1 Answer | Asked in DUI / DWI, Civil Rights and Municipal Law for Virginia on
Q: How do you get an interdiction removed in virginia?
Daniel P Leavitt
Daniel P Leavitt answered on Oct 26, 2018

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).

1 Answer | Asked in Criminal Law and Civil Rights for Virginia on
Q: Can money be recouped for wasted time spent in jail?

I was arrested for felony eluding police in southern Virginia and denied a bail bond, though I attempted to get one many times. I had a clean criminal record and was a VA resident. I ultimately ended up being held in custody for 8 months and 1 week before my jury trial. I was never offered a plea... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Oct 15, 2018

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... Read more »

2 Answers | Asked in Civil Rights, Personal Injury and Civil Litigation for Virginia on
Q: False arrest. Charges dismissed in court by judge testimonies contradicted police report.

Spent 6 months in jail and lost 100% of my life over false charges

F. Paul Maloof
F. Paul Maloof answered on Sep 15, 2018

I do not handle that type of case. Sorry.

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1 Answer | Asked in Civil Rights for Virginia on
Q: Is my neighbor allowed to point a camera at my front door?
Gary Kollin
Gary Kollin answered on Sep 1, 2018

Yes

1 Answer | Asked in Civil Rights for Virginia on
Q: Recently moved from my fathers house, I need legal help in what to do about my car?

I have a car that i bought in joint with my father, he agreed to pay half and so did I. This was not through a legal binding contract but through texts and speech. So in regards of me moving, he said i could keep my car as long as I pay him back the remaining money that I owe. Both our names are on... Read more »

Gary Kollin
Gary Kollin answered on Aug 16, 2018

This is not civil rights. I would suggest contracts

1 Answer | Asked in DUI / DWI and Civil Rights for Virginia on
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

No my license are being suspended on August 22nd and I haven't even been to court yet my court date is November 7th I haven't legal aid lawyer she will not even return my calls nothing I'm getting railroaded and I can't do nothing please help me at least give me a direction to... Read more »

Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer answered on Aug 11, 2018

If you are not getting the level of representation you want you should consider hiring private counsel.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Virginia on
Q: Ex husband is narcissistic. Stalking my fiancé and threatening to call the cops when we’re at his place.

He threatens to tell lies on him of abuse and just pops up whenever he likes demand immediate access to the kids. I try and try to work with, but he so focused on hurting me. Is there any hope for full custody? Can my fiancé file for defamation of character?

Gary Kollin
Gary Kollin answered on Jun 13, 2018

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...
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1 Answer | Asked in Criminal Law and Civil Rights for Virginia on
Q: I was convicted of a property crime (breaking & entering/larceny) in 1980 or 81.

He was a friend, and we borrowed from one another often. This particular night, I borrowed his moped for an aquantance to get home. He was supposed to return the following morning, and did not. Police were called. I returned the moped, but the aquantance had a bad record, and I believe violated... Read more »

Steve Miyares
Steve Miyares answered on May 15, 2018

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... Read more »

1 Answer | Asked in Adoption, Immigration Law and Civil Rights for Virginia on
Q: If my father is Puerto Rican citizen am I?

He had his rights terminated when I was 3 or 4, but does that change my legal status?

Carl Shusterman
Carl Shusterman answered on May 6, 2018

You need to discuss this with an attorney who is familiar with the law in Puerto Rico.

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: Can you sue a television show for portraying a person's faith in such a negative light that it damages that religion?
Timothy R Johnson
Timothy R Johnson answered on Mar 30, 2018

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.... Read more »

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 ?

A person allegedly said I said some words to him after work he didn't say we got in a fight or I threaten him they fired me because he say she say my word and his word that's it and I think they were wrong

Timothy R Johnson
Timothy R Johnson answered on Mar 28, 2018

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... Read more »

1 Answer | Asked in Civil Rights for Virginia on
Q: I was wondering can I sue a county for wrongful arrest?

I was arrested and detained on a warrant for a case that was already finalized I don’t blame the officers but I do blame the county for not removing the warrant am I able to seek legal action for their mistake

Timothy R Johnson
Timothy R Johnson answered on Mar 22, 2018

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...
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1 Answer | Asked in Civil Rights for Virginia on
Q: Can newspaper reporters be subpoenaed, and forced to testify in civil cases?

Civil rights law

Timothy R Johnson
Timothy R Johnson answered on Feb 23, 2018

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... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Civil Rights for Virginia on
Q: Can my parents search my car that is solely in my name without my permission when it is on their property at night?

I am over 18

Richard Sternberg
Richard Sternberg answered on Feb 13, 2018

First, it isn't a Fourth Amendment issue. That applies to the Government. I suppose you could try to file a criminal complaint for breaking and entering or a civil complaint for trespass, but I doubt you'd find a lawyer to help, because most of them would be laughing. Of course, your... Read more »

1 Answer | Asked in Employment Law, Real Estate Law and Civil Rights for Virginia on
Q: When it comes to lawsuits, what do attorney's find is the biggest reason clients are frightened by the courtroom?
Richard Sternberg
Richard Sternberg answered on Feb 6, 2018

Clients are humans or, in the case of corporations, LLCs, and other entities, owned by humans, and humans are as varied as humans. Good lawyers get that. Great lawyers use it.

2 Answers | Asked in Criminal Law, Civil Rights, Collections and Legal Malpractice for Virginia on
Q: can a public defender charge any type of fee to the defendant

I did not request any council; Essex County, VA chose to assign me a public defender and said I had to have one. I complied being foreign to the county and just wanting to get through the arraignment without any issues. I finished up with no issues or charges to remain on my record after completing... Read more »

Bryan J. Jones
Bryan J. Jones answered on Feb 2, 2018

You can be charged fees for being represented by court appointed counsel. You should contact the clerk's office to find out how much they are charging you.

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1 Answer | Asked in Civil Rights, Bankruptcy and Consumer Law for Virginia on
Q: I allowed this couple to take over payments for my car I cannot afford, but they are not making payments

I am going thru financial issues where I cannot afford my car payments anymore. I am upside down in my loan. To avoid repossession I unwisely allowed this couple to take over my payments in Dec 2017. They did not make the payment in Dec 27 2017 and now its Jan and when I contact them they give me... Read more »

Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Jan 20, 2018

Your first stop should be your local Legal Services. They can offer you legal help if you are unable to afford a lawyer. Schedule a time to speak with them.

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