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Virginia Constitutional Law Questions & Answers
2 Answers | Asked in DUI / DWI, Car Accidents and Constitutional Law for Virginia on
Q: Can what I said to a on body camera while I was intoxicated/ threatened to be arrested be used in court against husband?

My husband was helping move out a bed from a neighbor a few townehomes down. He backed into a neighbors car while it was parked. The lady came out as it was on her ring camera and called the cops. My husband got out of his truck and apologized as he felt so bad to do that to our neighbor of almost... View More

David G. Parker
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answered on Aug 14, 2024

Statements you provided to the officer are inadmissible hearsay unless they are subject to a hearsay exception (unlikely, based on what you described in your question). Additionally, you have marital privilege and cannot be compelled to testify against him. So it is most likely inadmissible and... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Virginia on
Q: Decision for Rahimi v United States, is a LIFETIME firearms ban now considered unconstitutional? (Read Details)

In the decision it is stated:

"In Heller, McDonald, and Bruen, this Court did not “undertake an exhaustive historical analysis . . . of the full scope of the Second Amendment.” Bruen, 597 U. S., at 31. Nor do we do so today. Rather, we conclude only this: An individual found by a... View More

James L. Arrasmith
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answered on Jun 21, 2024

This is a complex legal question that touches on recent developments in Second Amendment jurisprudence. I'll break down the key points and provide some analysis, but please note that this is a rapidly evolving area of law, and you should consult with a licensed attorney for the most up-to-date... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Municipal Law for Virginia on
Q: The city I live in charge $48 for garbage pickup 1t week. I can not opt out but a business can? Is that discrimination

Fee is unreasonable for such service. Are fees regulated anywhere?Also includes brush pickup 1 t week. City many times fails to do? Can I subtract from my bill?

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answered on Mar 4, 2024

The fees for garbage and brush pickup services, as well as the policies regarding who can opt out, are typically determined by local government regulations. The ability for businesses to opt out of such services while individuals cannot may be based on different service needs or contracts between... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Virginia on
Q: Can law enforcement stop you from seeking legal advice during there investigation?

Can law enforcement use the surveillance to harass, intimidate, cause official oppression during their investigation? If they do which rights have they violated? Can law enforcement use surveillance to harass, intimidate, cause official oppression?

James L. Arrasmith
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answered on Jan 27, 2024

Law enforcement cannot legally prevent you from seeking legal advice. Your right to consult with an attorney is protected under the Sixth Amendment, which guarantees the right to counsel in criminal prosecutions. If you're involved in a criminal investigation, you have the right to speak to an... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Virginia on
Q: Do I have a case against the police department for being put in handcuffs with six guns drawn on me for shooting bbgun?

I was teaching girlfriend how to safely shoot bbgun twords the woods,when someone reported us and even after cooperating and voicing it was only a toy with my hands in air they drew 5 guns one to my head in the middle of the street in broad daylight in front of all my neighbors.

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answered on Dec 9, 2023

In considering a case against the police department for their response to you shooting a BB gun, several factors need to be evaluated. The police response, including drawing weapons and handcuffing, is typically assessed based on the reasonableness of their actions given the circumstances they... View More

2 Answers | Asked in Criminal Law, Constitutional Law and Health Care Law for Virginia on
Q: How are a spouse's gun rights affected by involuntary detention for mental health?

My spouse was involuntarily committed for mental health several years ago. He is planning to petition for restoration of his right. If he is denied, can I legally purchase a gun as long as I keep it in a biometric safe that he cannot access? Do I have any alternatives so that my right is not... View More

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answered on Nov 28, 2023

If your spouse was involuntarily committed for mental health reasons, federal law, specifically the Gun Control Act of 1968, generally prohibits them from possessing firearms. In Virginia, your spouse can petition the court to have this right restored, but the process can be complex and the outcome... View More

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2 Answers | Asked in Criminal Law, Constitutional Law and Health Care Law for Virginia on
Q: How are a spouse's gun rights affected by involuntary detention for mental health?

My spouse was involuntarily committed for mental health several years ago. He is planning to petition for restoration of his right. If he is denied, can I legally purchase a gun as long as I keep it in a biometric safe that he cannot access? Do I have any alternatives so that my right is not... View More

David G. Parker
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answered on Nov 27, 2023

Your rights are not infringed by the statutes governing your spouse. That being said, you ought to take reasonable precautions to secure any firearms so that your possession of them is exclusive and is not a de facto possession by your spouse. It sounds like you are on the right track, both in... View More

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1 Answer | Asked in Constitutional Law and Criminal Law for Virginia on
Q: In VA, is it legal for a person 18-20 years old to conceal carry a pistol/handgun in this specific situation?

I understand that in Virginia, a person must be 21yo to obtain a Concealed Carry Permit. However, if someone over 21yo with a VA Concealed Carry Permit gifts a pistol to their wife/girlfriend who is 18-21yo, can the wife legally conceal carry that pistol at her place of business if the property... View More

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answered on Nov 18, 2023

In Virginia, the law regarding concealed carry is clear that individuals must be at least 21 years old to obtain a Concealed Carry Permit. Without such a permit, a person aged 18-20 cannot legally carry a concealed handgun in public places or at their place of employment, even if it's private... View More

Q: One parents right get terminated the other gets full custody can the one parent allow the other to see kids

When the parent that's has custody never lets the one that don't see them unsupervised

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answered on Nov 5, 2023

If one parent's rights have been terminated, legally they would not have any inherent rights to visitation or custody of the children. The parent with full custody has the discretion to allow the other parent to see the children, but this is a personal choice and not a legal obligation. Should... View More

1 Answer | Asked in Child Custody, Constitutional Law and Family Law for Virginia on
Q: I made an offer of custody with 5 major points can the responder only act on one? Without accepting all other points
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answered on Nov 5, 2023

In custody negotiations, if you propose an agreement with multiple points, the other party is not obligated to accept all terms as presented. They may choose to agree to some points while rejecting or wishing to negotiate others. Each point can be independently considered and negotiated. It's... View More

2 Answers | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for Virginia on
Q: I have filed a VA state civil case. I am being stonewalled! At this point...I would like to file it; in federal court.
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answered on Oct 23, 2023

If you're facing challenges with a civil case in Virginia and are considering moving it to federal court, it's essential to determine whether your case qualifies for federal jurisdiction. To do this, you'll need to file a removal petition, outlining the reasons for the transfer and... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Virginia on
Q: Passenger of car pulled over but no charges pressed can they search passengers and arrest for drug possession?

I was a passenger in a car that was pulled for theft but not reported stolen, owner was reported missing by his father, can the police legally search and/or detain thepassengers or occupants of vehicle and charge the passengers or honestly, could be said to be abducted occupants who were forcefully... View More

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answered on Oct 15, 2023

In general, if the police have probable cause to believe there is evidence of a crime in a vehicle, they can search the vehicle without a warrant. This can include searching areas accessible to passengers. However, simply being a passenger in a vehicle doesn't automatically give police the... View More

Q: Can a Federal agency hire a vendor to do something the agency isn't allowed to do?

If a Federal agency feels it is in the best interest of the government to take an action, but it is not authorized to take such action, is it legal for the agency to hire a contractor to perform that action? If the agency feels it would be in the best interest of the nation, but the action would be... View More

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answered on Oct 15, 2023

In the United States, federal agencies operate within the bounds of statutory authority and regulations. They cannot take actions that are not authorized by law or regulation, even if they believe it may be in the best interest of the government or the nation. If an agency wishes to undertake an... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: The police knowingly questioned a heavily sedated patient and used it against them in court. Hospital/police at fault?

On pure suspicion, an employee suspected drugs were brought into hospital, even tho patient was on fentanyl IV every 6 hrs. The employee physically attacked patient and grabbed paper thinking it was drugs and ran away. Before any discussion, the person thought to have brought it was searched and... View More

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answered on Oct 15, 2023

From the information provided, there are potential issues with the actions of both the hospital and the police. First, questioning a heavily sedated patient could be a violation of the patient's Fourth Amendment rights against unreasonable searches and seizures, especially if the patient was... View More

Q: I need to talk to someone about a case where an inmate's constitutional rights and due process are being violated. Pleas
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answered on Jul 7, 2023

I'm sorry to hear about the situation. If you believe that an inmate's constitutional rights and due process are being violated, it is important to seek legal assistance from an attorney who specializes in civil rights or criminal defense. They can provide guidance and advice based on the... View More

1 Answer | Asked in Constitutional Law for Virginia on
Q: if i film someone on public property can I be arrested if I am under 18
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answered on Mar 11, 2023

The answer may depend on the specific laws of your state or country, but generally speaking, it is legal to film someone in a public place as long as they have no reasonable expectation of privacy. However, if you are under 18, there may be additional legal considerations related to consent,... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: Is the Religious Land Use and Institutionalized Person's Act (RLUIPA) 14th Amendment Section 5 legislation?

RLUIPA was enacted by Congress after the Supreme Court found (in City of Boerne v. Flores, 521 US 507 (1997)) that the Religious Freedom Restoration Act (RFRA) was not congruent and proportional legislation under Section 5 of the 14th Amendment. In response, Congress enacted RLUIPA after 3 years of... View More

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answered on Sep 13, 2024

If you're trying to determine whether the Religious Land Use and Institutionalized Persons Act (RLUIPA) is legislation enacted under Section 5 of the 14th Amendment, consider how Congress approached its enactment. After the Supreme Court's decision in City of Boerne v. Flores, which... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Virginia on
Q: Based on 19.2-78 of the Virginia Code

Are sworn Virgina Conservators of the Peace permitted to have the Virginia Seal within their badge?

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answered on Aug 31, 2024

Under Virginia Code § 19.2-78, the law does not explicitly prohibit or permit the use of the Virginia Seal on badges of sworn Conservators of the Peace. However, the Virginia Code does outline specific rules regarding the use and display of the Virginia Seal, which is typically reserved for... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: Arlington Treasurer seized my car under va code 58.1-3919 but NO NOTICE was served nor given. 1. Is that a violation of

Arlington Virginia Treasurer seized my car under va code 58.1-3919 but NO NOTICE was served nor given. 1. Is that a violation of the code? 2. Is a seizure and distress unconstitutional due to the fact that i can not be deprived of life liberty or my private property without due process and a jury... View More

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answered on Aug 31, 2024

If your car was seized without any notice under VA Code 58.1-3919, this could potentially be a violation of due process, which is a fundamental right protected by the U.S. Constitution. Due process generally requires that you receive notice and an opportunity to be heard before your property is... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Virginia on
Q: How can a drug court program make my girlfriend move out and break up with me when I'm not a felon
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answered on Aug 5, 2024

Drug court programs are designed to help individuals struggling with substance abuse, often involving strict guidelines and requirements for participants. If your girlfriend is involved in such a program, her participation might require her to make significant lifestyle changes, including... View More

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