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Virginia Constitutional Law Questions & Answers

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?

Timur 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 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 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.

The...
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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 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 "detox" cell... Read more »

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 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 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 change her... 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 beads... Read more »

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 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 »

2 Answers | Asked in Constitutional Law and Criminal Law for Virginia on

Q: Why is implied consent waived if the police get a search warrant to draw blood?

The department of forensic science has refused to follow the Court's order to send my 2nd blood vile to an independent lab claiming that because the blood was not drawn pursuant to implied consent, they dont have to. Consent was given at the hospital for the blood draw but the officer went and... Read more »

Susan Fremit answered on Sep 18, 2016

Your lawyer needs to file the appropriate paperwork with the court. Then the court orders DFS to transfer the second vial to the named lab.

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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 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.

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Criminal Law for Virginia on

Q: I'm looking for an Attorney’s for a Rico Case?

My Case is in Albemarle Court.. I need to appeal to Supreme Court asap

Gary D. Godman answered on Jun 8, 2016

You'll have to call around to attorneys in and near the area to review your case and offer insight into the viability of any appeal. Use this website or do a general internet search. Good luck.

1 Answer | Asked in Civil Litigation, Criminal Law and Constitutional Law for Virginia on

Q: Is it legal to have a trial without a jury if no waiver was signed in Virginia?

Gary D. Godman answered on May 13, 2016

An oral waiver of a jury should be sufficient to proceed with a bench trial (judge only). It would help to know more about what type of case your are discussing (civil or criminal). If the person asking has/had an attorney, and if the trial has not taken place yet, he/she needs to discuss it with... Read more »

1 Answer | Asked in Constitutional Law for Virginia on

Q: Who can file the pettion writ of habeas corpus?

Malicious wounding charge and was sentenced to 40 years suspended 10 years some of information was not brought into court so wanting to file the pettition habeas corpus needing help with this.

Robert Jason De Groot answered on Oct 20, 2015

https://en.wikipedia.org/wiki/Habeas_corpus

1 Answer | Asked in Constitutional Law for Virginia on

Q: Is there anything in the Virginia Constitution that limits the formation or actions of public private partnerships?

Robert Jason De Groot answered on Oct 20, 2015

What is a public private partnership? Of course there are laws regulating what people can do, whether corporate of individual. Read the VA constitution to answer your own question, and then read all of the court decisions regarding this.

1 Answer | Asked in Constitutional Law for Virginia on

Q: What happened in the loving verses virginia?

Robert Jason De Groot answered on Oct 20, 2015

Do you have a textbook to read? https://en.wikipedia.org/wiki/Loving_v._Virginia

1 Answer | Asked in Constitutional Law for Virginia on

Q: What was the petitioners legal argument in boy scouts of america v. dale?

Robert Jason De Groot answered on Oct 20, 2015

This sounds like a study assignment, homework. Read it yourself or find a summary. https://en.wikipedia.org/wiki/Boy_Scouts_of_America_v._Dale

1 Answer | Asked in Constitutional Law for Virginia on

Q: What affects did the webster v reproductive health services case have

Robert Jason De Groot answered on Oct 20, 2015

https://en.wikipedia.org/wiki/Webster_v._Reproductive_Health_Services

1 Answer | Asked in Constitutional Law for Virginia on

Q: Is profane language protected under the 1st amendment in the commonwealth of Virginia?

Robert Jason De Groot answered on Oct 20, 2015

What are the facts? Who was prosecuted for what? We need to know the basic information about the case.

1 Answer | Asked in Constitutional Law for Virginia on

Q: BRANDENBURG V. OHIO, 395 U. S. 444 (1969)So advocacy of violence is fine but incitement of violence is not protected?

Robert Jason De Groot answered on Oct 20, 2015

The Court held that government cannot punish inflammatory speech unless that speech is directed to inciting, and is likely to incite, imminent lawless action.

You have already made your own conclusion. Advocacy of violence is not fine. Those are your words.

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