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Virginia Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Virginia on
Q: How do I complain if I was treated cruelly and unusually in jail?

I am in the weekender program serving 10 weekends (20 days) for a second DUI conviction. I was "misplaced" in the detox room when I was supposed to be in the suicide watch cell, though I am not suicidal, and have no history of mental illness, or poor mental health. I was left in the... Read more »

Mr. Beau Correll
Mr. Beau Correll answered on Jan 7, 2018

You need to consult with an attorney that specializes in what are called "1983" actions. You should act soon, there are certain strict time limits that may apply.

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Virginia on
Q: If a minor is taken into custody is the arresting officer required to read him his Miranda rights
Steve Miyares
Steve Miyares answered on Dec 13, 2017

While most police officers will read a person their Miranda rights as soon as they are being arrested, this is not required. The Miranda warnings apply to situations where the person is in police custody and is being questioned by police. So the police are not required to give Miranda warnings... Read more »

1 Answer | Asked in Civil Litigation and Civil Rights for Virginia on
Q: Can I sue the police officier, police department, and county for arrest based on false information given to the judge

Police officer gave false information to the judge that officer knew was false to obtain arrest warrant.

F. Paul Maloof
F. Paul Maloof answered on Dec 10, 2017

You can sue them for the allegations you made but the bigger problem is to prove the falsity.

1 Answer | Asked in Civil Rights, Juvenile Law and Criminal Law for Virginia on
Q: I am a 20 year old Lesbian dating a 17 year old

we have consensually been together for 7 months and her parents found out. Her mother has threaten to call the police and file charges. If the relationship is consensual would those charges be filed and approved just for being bias? What is the most that could happen in this situation?

Bryan J. Jones
Bryan J. Jones answered on Dec 9, 2017

You could be charged with contributing to the delinquency of a minor. That's a class 1 misdemeanor. That's probably the most that would happen in this case, based on what you've said in the question.

1 Answer | Asked in Criminal Law and Civil Rights for Virginia on
Q: Court documentation of suspended time

So I have a friend who was sentenced to 20 years with 18 and 10 months suspended leaving him to serve the remaining 14 but we got his papers from work which said he has 19 years and 10 months suspended and it’s signed and stamped by a judge so could he potentially get out because of the technicality

Susan Fremit
Susan Fremit answered on Nov 18, 2017

A sentence of 20 years with 18 years 10 months suspended means the active sentence (what the defendant must serve) is 1 year 2 months. A sentence of 20 years with 19 year 10 months suspended means the active sentence is 2 months. Of the active part, the defendant serves 85%. Whatever sentence... Read more »

2 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Landlord - Tenant for Virginia on
Q: Is there's any motion that can be filed to obtain a immediate decision in a civil proceeding

I have all evidence to support my civil claim and to prove entitlement to damages demanded in Civil claim, but I need to know if there's anyway I can file any type of motion in demand of a immediate decision without having to go through all the trouble of waiting on a civil hearing?... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 16, 2017

I do not handle personal injury cases. Sorry.

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1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for Virginia on
Q: Are my parents allowed to get someone to report my whereabouts and doings?

I am 17 and my parents have someone essentially spying on me in the neighborhood. They don't approve of my friends down the road and have forbade me from associating with them. Is it legal for them to get other parents to watch me and and my friends when they aren't home? It makes me feel... Read more »

Gary D. Godman
Gary D. Godman answered on Sep 27, 2017

Unless this person is stalking you (in a legal sense - putting you in fear of death or injury), there's not much to be done. It's your parents' job to keep you out of trouble, and if this is how they choose to do it, there is likely nothing illegal about it.

1 Answer | Asked in Civil Rights, Contracts, Landlord - Tenant and Real Estate Law for Virginia on
Q: The landlord is refusing to fix issues in the house as indicated on the walkthrough papers and the lease, what can we do

The landlord is using aggressive language and refusing to complete a conversation and treating us in a harassing manner. The real estate agent also lost our walkthrough papers and says there is nothing he can do.

F. Paul Maloof
F. Paul Maloof answered on Sep 24, 2017

Without documentation to support your claim of a breach of contract, you will have a weak case to prove if you file a lawsuit against the landlord to have a judge order the landlord to make the repairs.

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Health Care Law for Virginia on
Q: can I notorize the original birth certificate requested instead of sending the original birth certificate

the Institue where my son is an inmate is requesting his birth certificate they will not send the original one back

F. Paul Maloof
F. Paul Maloof answered on Sep 14, 2017

I think you should ask the Institue

If they will accept a notarized affidavit that swears the copy is a true and accurate copy of the original. Attach the copy to the affidavit.

1 Answer | Asked in Civil Rights, Health Care Law and Medical Malpractice for Virginia on
Q: Can you please let me know if its legal in Virginia for the Emergency Room EXAM rooms to have hidden cameras/audio?

I would like to know if its legal in Virginia to have hidden cameras in the Emergency Room private exam rooms ? I know when you sign into the ER you have to consent to many forms. Not sure of this may include consenting to having your rights violated in a room you expect to have privacy in with... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 5, 2017

Given the level of violence in ER's not likely it is a violation.

1 Answer | Asked in Consumer Law, Civil Litigation, Civil Rights and Lemon Law for Virginia on
Q: We just purchased a car and found out 3 wks later it shouldn't have passed state inspection! What do we do?

The air also didn't work so well and the top quit working the first week. So, we took the car back and the manager sent it to the service department to be checked. They determined the air compressor and motor in the top were bad and refused to do anything to fix it. All within the first 2... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 7, 2017

In Virginia, the general rule when buying a vehicle is "Buyer Beware." This rule may block you from any recourse. However, the Consumer Protection Act in Virginia will cover your vehicle, especially if there was a latent defect and the dealer should have known about the defect when he... Read more »

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Employment Discrimination for Virginia on
Q: Where do I file if I live in Maryland, but the personal injury occurred in VA?

In 2015 I was unjustly suspended, denied reasonable accommodation, went through depression, and still having mental issues, because the union never let me see an arbitrator, and just settled the case, but the settlement specifically states that the lump sum payment was for the denial of light... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 26, 2017

I assume you have provided your federal tort claims act notice and received the notice that they will not be resolving it.

I believe you may file in Maryland but they may ask that it be transfered to virginia. You should get a consultation from an attorney that specializes in Post Offcie...
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1 Answer | Asked in Family Law, Civil Rights and Probate for Virginia on
Q: I am my father's only child he had a wife that he was going through devorce would I still be entitled to anything?

Before his passing he paid step mom off by refinanceing his home but she took the house all his insurance all his retirement everything he passed in 2015 she now owns new home with the man she has been seeing since 2014 and saleing my dad's house her son is well taken care of (gives him money... Read more »

Steve Miyares
Steve Miyares answered on Apr 18, 2017

You should consult an attorney in the local jurisdiction where your father passed so that you can discuss all the specific facts and details relevant to your situation.

1 Answer | Asked in DUI / DWI and Civil Rights for Virginia on
Q: If an inmates work release is revoked due to a reported tampering, should the inmate get a hearing to explain (in VA)?

Inmate was on camera at work during the alleged tampering and can prove scram device was not tampered with intentionally.

Steve Miyares
Steve Miyares answered on Mar 24, 2017

There is no right to work release and a Virginia court can authorize the Sheriff to allow you into you, but can not order it. Work release is a privilege offered and operated by the individual Sheriff in your jurisdiction. The Sheriff will set any rules and procedures. If the Sheriff determines... Read more »

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Health Care Law and Medical Malpractice for Virginia on
Q: HB 2163 in Virginia if it is signed into law when does it come into effect. Does it come into effect july 1st?

I am a patient being treated with buprenorphine and if this law is passed my understanding is I will lose my medication. It can't be legal for someone to be taken off a medication they would need to be detoxed from at least is it? I have an allergy to Narcan so I cannot have suboxone, I need... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 19, 2017

Contact your local state rep or state senator.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Virginia on
Q: Is there a way my ex-girlfriend could go to the police station or magistrate after already filing assault and battery

I work for the federal govt and have to maintain a security clearance. My ex-girlfriend assaulted me and I didnt call the police. The people who were there that witnessed it did. I told the police what happened and declined to press charges. Obviously the commonwealth picked it up and in between... Read more »

Susan Fremit
Susan Fremit answered on Jan 25, 2017

Unfortunately, she could be charged with misleading an investigation. When her attorney tells her this, she is not likely going to want to risk being charge with a criminal offense "coming clean". Even if she did come clean, the Commonwealth may feel that she is being "pressured to... Read more »

2 Answers | Asked in Criminal Law, Personal Injury, Animal / Dog Law and Civil Rights for Virginia on
Q: Can a service dog "instinctively" protect it's owner from a criminal attack, or from criminal harm?

I am totally disabled from a TBI, and my service dog is a Great Dane. The dog has never been professionally, or unprofessionally trained to attack so, I want to know what would happen to me, and / or my service dog in court if the dog "instinctively" protects me from harm?... Read more »

Jan F Hoen
Jan F Hoen answered on Jan 3, 2017

It is not possible to accurately answer your hypothetical without all the facts.

If you are sued, retain counsel to defend you.

Report any claim immediately to your homeowner's insurance carrier as soon as you are notified of it.

In general, unless the dog has attacked...
Read more »

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1 Answer | Asked in Civil Rights and Criminal Law for Virginia on
Q: What can be done about a house guest taking my under age daughter with him to purchase/ use drugs without my knowledge

The police say her word against his. However he had a prior possession charge and the house my daughter can return to is on a narcotic watch list for dealing

Gary D. Godman
Gary D. Godman answered on Nov 21, 2016

You need to contact the police if you haven't already done so. You also need to kick out this house guest before you and he end up charged with felony child abuse and/or contributing to the delinquency of a minor. If your child is leaving the home without your permission, consider speaking... Read more »

1 Answer | Asked in Civil Rights and Personal Injury for Virginia on
Q: Good morning, my photo was put on a calendar at this institution without permission, what can I do without retaliation?

I did not give anyone permission to use my photo on a calendar. I was not on duty and offenders can see these photos. I was on a training in one photo and at a retreat in the other.

Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Aug 31, 2016

It sounds like these photos may have been taken in the course of your employment. Without reviewing your employment contract, it is hard to say what remedies you may have. Consult a local employment lawyer.

1 Answer | Asked in Car Accidents, Civil Rights, Constitutional Law and Criminal Law for Virginia on
Q: Is a police officer or department liable for damages, injuries or even death that after a vehicle pursuit is terminated?

If an officer chooses to stop a pursuit due to a potential policy violation but the suspect then continues to flee and ultimately causes damage, injury or death to civilians is the officer or department liable?

Peter N. Munsing
Peter N. Munsing answered on Jul 1, 2016

I don't see the case, but in any event the coverage issues as to the criminal's car will require advice and the family should seek direct advice from a member of the Virginia Trial Lawyers Assn.

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