Virginia Gov & Administrative Law Questions & Answers

Q: i am a natural born citizen.would my felony conviction stop my spouses process?

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Virginia on
Answered on Jul 9, 2018
Hector E. Quiroga's answer
It should not, depending on the crime for which you were convicted. Felonious assault or crimes of a sexual nature could be the exception. Check with an immigration attorney.

Q: Is a license/registration required to give a three day Survival Class with one overnight camping required in Virginia?

1 Answer | Asked in Business Law, Education Law, Environmental and Gov & Administrative Law for Virginia on
Answered on Mar 29, 2018
Timothy R Johnson's answer
I can't possibly think of a department or 'professional license' that this would apply to.

If anything, the bigger issue is working out possible areas of liability such as if someone is injured while hiking or while engaged in any of the survivalist activities. You would probably want to create a liability waiver for all participants to be aware of the risks associated with the activity; requirements to follow all of your instructions including not wander off; and explain any critical...

Q: I didn't do the proper paperwork to file a motion to quash a subpoena. At the hearing, the judge suggested a continuance

1 Answer | Asked in Gov & Administrative Law for Virginia on
Answered on Feb 12, 2018
Matthew Lane Kreitzer's answer
That would largely depend on the judge, but most judges would allow you to cooperate with the opposing side if you decide to. Whether it is a good idea in your particular case is best discussed with a confidential consultation with a lawyer to determine the pros and cons associated with your course of action.

Q: My personal vehicle was damaged by a state vehicle on state property. Can I sue?

2 Answers | Asked in Car Accidents, Gov & Administrative Law and Small Claims for Virginia on
Answered on Nov 8, 2017
Jan F Hoen's answer
You can use your insurance and allow them to recover their payment and your deductible in arbitration with the Commonwealth.

Q: How to appeal county decision of vandalism on county sewer line backup/surcharge into home?

1 Answer | Asked in Gov & Administrative Law, Civil Litigation, Land Use & Zoning and Real Estate Law for Virginia on
Answered on Oct 31, 2017
F. Paul Maloof's answer
I am sorry but I do not handle that type of matter. You may want to call the Bar Association of the city or county in which you live and ask for a lawyer referral for your situation.

Q: can I notorize the original birth certificate requested instead of sending the original birth certificate

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Health Care Law for Virginia on
Answered on Sep 14, 2017
F. Paul Maloof's answer
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.

Q: I am a little confused after reading some virginia codes. Are you allowed to make a right turn on red?

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Virginia on
Answered on May 18, 2017
Gary D. Godman's answer
Virginia Code 46.2-835 says: "Notwithstanding the provisions of § 46.2-833, except where a traffic control device is placed prohibiting turns on steady red, vehicular traffic facing a steady red circular signal, after coming to a full stop, may cautiously enter the intersection and make a right turn." So in the intersection you describe, if it is a red circle and there is no sign prohibiting right turns on red, it would be permissible to turn on red.

Interestingly, the same code...

Q: Would an ethics committee have authority to to enforce a decision that does not correlate to a specific rule?

1 Answer | Asked in Appeals / Appellate Law, Business Law and Gov & Administrative Law for Virginia on
Answered on Feb 6, 2017
Glenn B. Manishin's answer
The question requires clarification. What sort of ethics committee is involved, what industry/occupation and what grounds did the body give for its decision? Is enforcement being sought via the courts or in a private licensing/certification setting? For example, if this were a legal ethics matter, the relevant bar association could impose sanctions, but enforcement such as voiding the respondent's license to practice law would typically require application to and an order from the state supreme...

Q: Can NYS DTF levy/seize an out of state bank account for the purpose of arrears?

1 Answer | Asked in Gov & Administrative Law, Collections and Tax Law for Virginia on
Answered on Sep 12, 2016
Gary D. Godman's answer
Not sure about NY law, but in VA, a levy on a bank account is a normal and legitimate way for an owed party to collect funds. Consider speaking with a local family law or debt protection attorney about your specific situation.

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