Virginia Constitutional Law Questions & Answers

Q: Can you sue a television show for portraying a person's faith in such a negative light that it damages that religion?

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Answered on Mar 30, 2018
Timothy R Johnson's answer
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 same can be said even if it's all negative opinion based. If the interviewers all said, "[X] religion is just a bunch of idiots." That's not actionable since opinions are protected speech and it's not...

Q: How do I complain if I was treated cruelly and unusually in jail?

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Virginia on
Answered on Jan 7, 2018
Mr. Beau Correll's answer
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.

Q: If a minor is taken into custody is the arresting officer required to read him his Miranda rights

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Virginia on
Answered on Dec 13, 2017
Steve Miyares' answer
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 until they are questioning the person. If the person makes statements to police without being given their Miranda warnings, then is is possible that those statements might be suppressed and could not...

Q: Is there a way my ex-girlfriend could go to the police station or magistrate after already filing assault and battery

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Virginia on
Answered on Jan 25, 2017
Susan Fremit's answer
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 story". It is worth her trying but you should be prepared to hire a local experienced criminal defense attorney to represent you. Also have your witnesses write and sign statements as soon as possible...

Q: My husband got arrested last night because a friend called he police and he has no record. What will likely happen?

1 Answer | Asked in Constitutional Law and Criminal Law for Virginia on
Answered on Jan 15, 2017
Steve Miyares' answer
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 number of serious offenses he could potentially be charged with. His best protection is to consult with and retain an attorney as soon as possible.

Q: Does an inmate have a right to know his release date and what good time he has earned?

1 Answer | Asked in Criminal Law and Constitutional Law for Virginia on
Answered on Oct 16, 2016
Susan Fremit's answer
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 along. The inmate should contact his or her attorney who represented him or her on the charges and ask that he or she contact DOC on his or her behalf.

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

2 Answers | Asked in Constitutional Law and Criminal Law for Virginia on
Answered on Sep 18, 2016
Susan Fremit's answer
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.

Q: Is a police officer or department liable for damages, injuries or even death that after a vehicle pursuit is terminated?

1 Answer | Asked in Car Accidents, Civil Rights, Constitutional Law and Criminal Law for Virginia on
Answered on Jul 1, 2016
Peter Munsing's answer
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.

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

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Criminal Law for Virginia on
Answered on Jun 8, 2016
Gary D. Godman's answer
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.

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

1 Answer | Asked in Civil Litigation, Criminal Law and Constitutional Law for Virginia on
Answered on May 13, 2016
Gary D. Godman's answer
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 that attorney.

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

1 Answer | Asked in Constitutional Law for Virginia on
Answered on Oct 20, 2015
Robert Jason De Groot's answer
https://en.wikipedia.org/wiki/Habeas_corpus

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

1 Answer | Asked in Constitutional Law for Virginia on
Answered on Oct 20, 2015
Robert Jason De Groot's answer
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.

Q: What happened in the loving verses virginia?

1 Answer | Asked in Constitutional Law for Virginia on
Answered on Oct 20, 2015
Robert Jason De Groot's answer
Do you have a textbook to read? https://en.wikipedia.org/wiki/Loving_v._Virginia

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

1 Answer | Asked in Constitutional Law for Virginia on
Answered on Oct 20, 2015
Robert Jason De Groot's answer
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

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

1 Answer | Asked in Constitutional Law for Virginia on
Answered on Oct 20, 2015
Robert Jason De Groot's answer
https://en.wikipedia.org/wiki/Webster_v._Reproductive_Health_Services

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

1 Answer | Asked in Constitutional Law for Virginia on
Answered on Oct 20, 2015
Robert Jason De Groot's answer
What are the facts? Who was prosecuted for what? We need to know the basic information about the case.

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

1 Answer | Asked in Constitutional Law for Virginia on
Answered on Oct 20, 2015
Robert Jason De Groot's answer
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.

Q: How are caps on punitive damages, etc. constitutional?

1 Answer | Asked in Constitutional Law for Virginia on
Answered on Oct 20, 2015
Robert Jason De Groot's answer
Maybe they are not. If you really have to have an answer to this particular question, it is worth it to get an attorney to do a ton of research to give you an opinion?

Q: Is it legal for the Federal Reserve to print dollars and if so they can change our economy w/o the need for elected off.

1 Answer | Asked in Constitutional Law for Virginia on
Answered on Oct 17, 2015
Robert Jason De Groot's answer
Yes to the first part. Why muddy it with the second part of the question? Use common sense.

Q: Is it illegal to wear a mask on the Fourth of July for political reasons?

1 Answer | Asked in Constitutional Law for Virginia on
Answered on Oct 17, 2015
Robert Jason De Groot's answer
Probably not. That is, as long as you are not intending to commit a crime with a mask on.

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