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Virginia Civil Rights Questions & Answers
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... View 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... View 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... View 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... View 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.

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... View More

Beau  Correll
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... View 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... View 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?... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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