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Virginia Questions & Answers
1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord raise my rent and change the dates of the contract?

My 1-year contract ended at the end of September 2023. I spoke with my landlord in July about renewing (I brought it up). She said she would love for me to renew for another year and never mentioned any changes to the contract. In September, I hadn't heard anything more about the contract, so... View More

T. Augustus Claus
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answered on Jan 3, 2024

In Virginia, a landlord generally has the right to increase rent upon providing proper notice, usually 30 days before the end of the rental period. However, the specific terms and conditions regarding rent increases and lease renewals should be outlined in the original lease agreement. If your... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: So I was sentenced to 12monrhs 12. Months suspended 12 months. Probation said I absconded what r the consequences
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answered on Jan 1, 2024

If you have been sentenced to 12 months with 12 months suspended and you are accused of absconding while on probation, there can be serious consequences. Absconding refers to the act of deliberately avoiding supervision or failing to report to your probation officer as required. Consequences for... View More

1 Answer | Asked in Health Care Law, Child Support and Family Law for Virginia on
Q: Is dental care fall under medical expenses to pay for non custodial parents

If I’m ordered to pay 45% of medical bills for child expenses, does dental fall under medical expenses

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answered on Dec 28, 2023

In the context of child support orders, the inclusion of dental care expenses can vary based on the specific language of the court order or agreement. While medical expenses often include doctor visits, prescriptions, and other health-related costs, dental care is sometimes explicitly mentioned,... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: can i still get charged with Code of Virginia § 46.2-844 if the bus hadn't stopped completely?
David G. Parker
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answered on Dec 28, 2023

The statute deals with a "school bus that is stopped" rather than one coming to a stop or simply displaying its warning signals. My reading of the statute is that there would need to be testimony from a witness and/or video footage establishing that the bus was passed while stopped.... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I have a Warrant out for missing pretrial and they bonded me to treatment

I was bonded to a treatment center and had pretrial I went to pretrial before I left and then they made an appointment next month. I was still in treatment. My gf went to show documentation I was there and they stamped it and signed it and she has the copy also asked if I was going to get a warrent... View More

David G. Parker
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answered on Dec 28, 2023

Without reviewing the pretrial violation letter I cannot say for sure what they're alleging. But be sure to bring any documents to court that indicate you were still in treatment during the scheduled pretrial appointment. Your girlfriend could be called as a witness if the court takes evidence... View More

2 Answers | Asked in Civil Rights, Family Law, Civil Litigation and Libel & Slander for Virginia on
Q: Is this grounds for a civil lawsuit for my mother?

My father (ex husband) and his new wife keep sending my mother harassing messages to bring down her self esteem saying she is being monitored and they will cut off her alimony as well as going as far as my mothers church Facebook group to write negative things about my mother. Is this grounds for... View More

James L. Arrasmith
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answered on Dec 23, 2023

In Virginia, the situation your mother is facing with her ex-husband and his new wife sending harassing messages and posting negative comments about her could potentially be grounds for a civil lawsuit. Harassment and defamation (if the statements made are false and damaging to her reputation) are... View More

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1 Answer | Asked in Criminal Law for Virginia on
Q: Do any states treat drug possession felonies differently from other felonies of the same class for expungement purposes?
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answered on Dec 21, 2023

Drug possession felonies are different from other felonies of the same class for expungement purposes. This means that it may be more difficult or even impossible to get a drug possession felony expunged compared to other types of felonies.

Here's a summary of the situation in...
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1 Answer | Asked in Divorce and Family Law for Virginia on
Q: I'm a US citizen, but I got divorced in a foreign country. How do I get that recognized in Virginia?

The principles of comity (what I understand of it) were met (i.e. notice was given and the spouse filing for divorce had residency there).

What do I have to do to get that divorce registered here in Virginia where I live? Do I need to file something, get a foreign order registered, or do a... View More

Jordan A. Fanney
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answered on Dec 19, 2023

If a valid divorce is granted in a foreign country there generally is no requirement to have the order registered in Virginia. Virginia, under principles of comity as you have mentioned, generally recognizes foreign orders so long as they don't violate an important Virginia public policy.... View More

2 Answers | Asked in Education Law and Immigration Law for Virginia on
Q: My F1 visa has expired, but my I20 is still valid. If F1 expires, can I still transfer to another school?

I am a international student in US, I plan to transfer to another school next year.

James L. Arrasmith
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answered on Dec 17, 2023

Yes, you can still transfer to another school even if your F-1 visa has expired, as long as you maintain your F-1 status by remaining enrolled and following all other F-1 regulations.

The key things to note:

- An F-1 visa is required to enter the U.S., but once you are already in...
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1 Answer | Asked in Civil Litigation for Virginia on
Q: Do have I have a chance to with suing a friend for $9k they borrowed? plus court and lawyer fees? I a have text messages

I borrowed a friend 9k with a promise that they would repay the full 9k and 20% interest. It’s now over a year and they keep giving me the run around. At this point I do not care about the 20% interest, I just want my money back. I have multiple texts messages about the money and their promises... View More

Steven Krieger
Steven Krieger
answered on Dec 15, 2023

Yes, you should be able to make a viable claim based on the text message exchange for the $9k and interest, but no attorney's fees unless that was also included in your messages. If the agreemenet was made while everyone was in Virginia, you should be able to sue in Virginia. If you decide to... View More

1 Answer | Asked in Trademark and Intellectual Property for Virginia on
Q: Should I trademark my blog name

I dont sell any merchandise. I obtain information from different sources and reword or quote. It's a blog about crime that I have on Facebook. YOUTUBE. IG AND TIKTOK

James L. Arrasmith
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answered on Dec 15, 2023

Deciding whether to trademark your blog name involves considering several factors. Trademarking can provide legal protection for your brand and help ensure that others cannot use a similar name in a way that could confuse your audience or dilute your brand's reputation.

Since your blog...
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1 Answer | Asked in Business Law, Civil Rights and Consumer Law for Virginia on
Q: Can a hotel refuse accommodations because I live in the same county as the hotel?

They state they don't allow county residents to stay at the hotel because of previous issues. I have never had issues with this company though.

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answered on Dec 14, 2023

In Virginia, a hotel refusing accommodations based on residency within the same county may raise legal questions related to business practices and potential civil rights implications. Generally, businesses have the right to refuse service, but such decisions should not violate anti-discrimination... View More

2 Answers | Asked in Tax Law for Virginia on
Q: How can I get my tax documents from my previous tax preparer?

Hello. I'm trying to get my tax documents from the tax preparer I used the past couple years but she refuses to answer my emails or return my call after speaking with her secretary.

I don't owe her money. I think she's just being spiteful because I changed preparers. I live... View More

James L. Arrasmith
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answered on Dec 25, 2023

In your situation, it's understandable that you need access to your tax documents quickly and are facing challenges with your previous tax preparer. Tax preparers are generally required to provide clients with copies of their documents upon request.

Firstly, consider sending a formal...
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1 Answer | Asked in Criminal Law for Virginia on
Q: Do I have a right to view my motion of discovery (audio, video) before I agree to any plea?

I have read the motion. Most of it states the conversation is inaudible

David G. Parker
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answered on Dec 12, 2023

There is no statutory or constitutional right to a plea offer from the prosecutor. If the prosecutor has extended an offer with a particular deadline attached to it, you may be out of luck. However, the Rules of the Supreme Court of Virginia do specify that you are entitled (for felony trials) to... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Virginia on
Q: Who is responsible for writing the notarial blocks on real estate and estate planning documents?

I'm a mobile notary in Virginia and I'm certified to notarize real estate packages and living trust packages.

Why are so many notarial blocks in these documents written so that they are not compliant with Virginia notary law?

I also have specific examples of legal... View More

Nina Whitehurst
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answered on Dec 10, 2023

Many states have notarial affidavit requirements that are unique to that state. California is one notable example. Florida is another. And apparently Virginia has unique requirements as well.

At the same time, it is common for some entities in the real estate world, especially lenders,...
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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.

James L. Arrasmith
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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 Trademark and Intellectual Property for Virginia on
Q: Can I use a title for my book that consists of a phrase that is trademarked?

For example, if the phrase man to man is trademarked, can my book title be, "Man to Man: Conversations with the Guys.

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answered on Dec 9, 2023

Using a trademarked phrase like "Man to Man" in your book title "Man to Man: Conversations with the Guys" can be a complex issue in trademark law. Trademarks are generally specific to particular types of goods or services, and the key issue is often whether your use of the... View More

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2 Answers | Asked in Trademark and Intellectual Property for Virginia on
Q: Can I use a title for my book that consists of a phrase that is trademarked?

For example, if the phrase man to man is trademarked, can my book title be, "Man to Man: Conversations with the Guys.

T. Augustus Claus
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answered on Dec 8, 2023

Whether you can use "Man to Man" in your book title depends on a few things. If the trademark for that phrase or similar ones covers books, using it might be seen as infringement. If your book is in the same genre as the trademark, it's riskier. You could defend using it if your book... View More

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My niece by marriage moved out a week ago but left her belongings in my home what should I do

She stayed in my home and never paid any rent

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answered on Dec 8, 2023

In such a situation, it's important to handle your niece's belongings with care and legality. Firstly, communicate with her, preferably in writing, to request she collects her belongings by a specific date. Give a reasonable time frame, considering her circumstances.

If she...
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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Virginia on
Q: Do proceeds from real estate go into an estate account or directly to beneficiaries/next of kin?

My father died a year ago and we are still settling debt and selling property. There was no will. The estate is handled by an administrator. We sold a property and our closing lawyer says we get the proceeds and they do not go into the estate account. There are still debts to be settled. If we... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Dec 5, 2023

Unfortunately, I need more information to properly answer your questions. Was there a will? Is the estate being handled by an Executor or an Administrator? Does the fiduciary have power of sale over the real estate? Normally, if there are debts and claims owing by the estate, no probate assets... View More

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