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Virginia Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: Is it legal for a police officer to ask if I have any weapons on me when I'm carrying a concealed carry permit?

and if I'm doing nothing wrong? Am I allowed not to answer?

Brian S Szmak
Brian S Szmak answered on Nov 17, 2020

It is absolutely legal for an Officer to ask you if you have any weapons on you.

If you have a CHP in Virginia, there is no affirmative obligation to inform an Officer that you are carrying a concealed weapon. You are obligated to provide your CHP & Photo ID if asked, though....
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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Virginia on
Q: How to find an attorney to represent me in a civil case (housing related, I was discriminated as a handicap owner)?

I was a new handicap homeowner in an association in Fairfax County VA. The association began discriminating against me when forced me to disclose that I was a handicap person and for a variety of unlawful reasons denied giving me parking permit so I could not park my car in the subdivision and... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 5, 2020

To find a local attorney for your case, you should call the local Bar Association on the city/county in which you reside. Ask for the lawyer referral service.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Virginia on
Q: Hi, I am searching a Pro Bono or an affordable lawyer for an Habeas Corpus!

No one ever comes back to me. It would be a Habeas Corpus for Ineffective Assistance of Counselling. I am searching for a lawyer who can do some Pro Bono work and some paid work, I am fine with this either. You need to be eager to fight and must have the willing to win. I want a release date, this... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Sep 14, 2020

You can file your own Habeas Corpus motion without counsel if you need to. Depending on where you received your sentence, I would look for a lawyer who works in that area in order to assist you with what you may need to have done to potentially help you with the habeas petition and anything else... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Virginia on
Q: Is it legal to transfer someone across state lines in reference to a civil case without any extradition hearing?

I have filed a Habeas petition in the 4th circuit on this issue. See Hommel v. Unknown, et al. I was civilly commited in virginia in 2007, but never was commited, as the order was stayed. Instead i was transfered to Federal custody in the northern district of ohio where i served approx. 10.9... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jul 1, 2020

I regret that I do not handle criminal law matter. Sorry.

1 Answer | Asked in Criminal Law and Constitutional Law for Virginia on
Q: Indicted by the grand jury

If you are arrested by a police officer and the officer says that you have been indicted by the grand jury do they still have to read you your Miranda Rights

Brian M. Latuga
Brian M. Latuga answered on May 8, 2020

One has nothing to do with the other. Indictment by a Grand Jury results in a charging document. Miranda rights are required after a custodial arrest and questioning about the subject of the arrest. A police officer can make an arrest on an indictment and simply not ask any questions about the... Read more »

Q: Without my notice, my grandfather’s Culpeper VA home was sold by forced partition sale. Do I have any recourse?

Recently I received an email from a paralegal asking if I’d recieved a check. A PDF was attached with a partition sale documents showing my final proceeds to be about 1.5% of my perceived value of the land that had been in my family for decades; after expenses. About 2 years ago my 2 sisters has... Read more »

Richard Sternberg
Richard Sternberg answered on Jan 13, 2020

It is unlikely that you can reverse the process at this late stage, and it will be useful to understand why you ignored the issue so long. But, in many circumstances, Virginia law in partition rulings is not final for two years after the final order. That might help, but you need to start... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Government Contracts for Virginia on
Q: Dbids afi 31-113 for base proceedures. Can a commander bar you from base based on a 27 years old conviction?

My dbids access card was recently flagged for something that happened 27 years ago in Salinas CA. Im honorable discharged Combat Veteran of 23 years. I work on base at fort eustis, VA.

F. Paul Maloof
F. Paul Maloof answered on Dec 27, 2019

I regret that I do not handle military base access card matters. Sorry.

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: I live in Hanover County VA and need to KNOW if I can legally by firearms have been given civil rights back??

The law about petitioning the court to do this is DIRECTLY against 2nd amendment and COSTLY to those not financial able. PLEASE HELP I do NOT want to BRAKE the law or get in trouble. The courts in HANOVER county are NOT exactly law abiding characters who uphold the law and don't care for the... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Dec 19, 2019

You lost your rights when you received a felony in the state of Virginia. Nothing is absolute. You have to go through the petition process after your civil rights are restored by the governor. If you have had those rights restored, you petition the circuit court of the county/city where you live.... Read more »

1 Answer | Asked in Family Law, Products Liability, Civil Rights and Constitutional Law for Virginia on
Q: Hey, so my friend is 19 and is moving out soon. But his dad is stealing and breaking his stuff. Is this legal or illegal

Ik it seems like a silly question but better to be safe than sorry

Tim Akpinar
Tim Akpinar answered on Dec 12, 2019

I'm sorry for your friend's ordeal. Unless the possessions are very valuable, he is probably better off just getting stuff out for safekeeping as quickly as possible before further damage instead of losing time from work or school in court. Good luck

Tim Akpinar

1 Answer | Asked in Constitutional Law for Virginia on
Q: What in the constitution provides for congress subpoenaing documents from POTUS. I already read congress authority to

investigate certain entities and activities, and while it is fairly broad, it does have some restrictions. I am just a dumb electrical engineer trying to understand aspects of the constitution, but I am trying.

Tim Akpinar
Tim Akpinar answered on Oct 16, 2019

It's not one of the enumerated powers in Article One, Section 8 (i.e., collecting taxes, borrowing money, establishing post offices, maintaining a navy, etc.). It's inherent and implied in its powers to investigate matters.

Tim Akpinar

1 Answer | Asked in Constitutional Law for Virginia on
Q: explain why when a state disregards Federal Law, that is not an obstruction of justice; e.g., sanctuary city, marijuana.
Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 11, 2019

A city or state has no duty to enforce federal law. The feds are free to send their own agents to enforce their own laws ... except they don't have enough and nobody wants to pay the huge tax increase that would be undoubtedly be required to hire a couple million more government workers...

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Health Care Law for Virginia on
Q: Are there any lawyers with experience in the mental health laws is Virginia?
Tim Akpinar
Tim Akpinar answered on Feb 16, 2019

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

Tim Akpinar

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Virginia on
Q: I have a felony eluding the police that has been going on in the courts since march 2018 and was put under advisement.

I went to Circuit Court in front of the judge and they put it under advisement for 1 year under the conditions that I pay my court fines, do my year of probation, and 100 hours community service. I was told that if I completed that abd came back for review that the charge would be reduced to a... Read more »

Susan Fremit
Susan Fremit answered on Jan 22, 2019

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... Read more »

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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 »

2 Answers | Asked in Criminal Law and Constitutional Law for Virginia on
Q: Why would a officer deny a drug dog to the scene when i request one for proof that there is indeed an odor In my car

He asked if he could search because of marijuana smell, i said no you’re wrong there no smell i do not smoke it nor has it been smoked and he asked again tonsearch it i say no i have an appointment, then have to get my girlfriend from work. He asks again and i say to bring a drug sniffing dog so... Read more »

F. Paul Maloof
F. Paul Maloof answered on Mar 5, 2018

I do not handle criminal defense cases. Sorry. I cannot assist you.

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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 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 »

1 Answer | Asked in Constitutional Law and Criminal Law for Virginia on
Q: My husband got arrested last night because a friend called he police and he has no record. What will likely happen?

We were arguing and I was in the bathroom. I remained in contact with my friend and he asked if the police were needed and said no. He panicked because he hadn't heard from me. My husband also tried to get into the bathroom and while in the bedroom he shot his airsoft rifle. Sone of the... Read more »

Steve Miyares
Steve Miyares answered on Jan 15, 2017

Your husband should consult and retain an attorney. If he can not afford an attorney and qualifies as indigent with the court, then when he appears for his arraignment he can request a court appointed attorney. Your question does not say exactly what he has been charged with, but there are a... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Virginia on
Q: Does an inmate have a right to know his release date and what good time he has earned?

The department of Corrections is refusing to provide information on time served and information on good time served since the charges for the inmate ran consecutively with another charge which I believe has been completed

Susan Fremit
Susan Fremit answered on Oct 16, 2016

Yes, an inmate should be told when his or her release date is. The Dept. of Corrections often is slow about this, due to a number of factors, not the least of which, is getting information from the state system. I have found that if I make a call to DOC on behalf of my client, things get moved... Read more »

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