Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Virginia Questions & Answers
1 Answer | Asked in Criminal Law, Personal Injury and Health Care Law for Virginia on
Q: I recently found out that I had a surgical procedure performed by an unlicensed individual, can I initiate a lawsuit?

I had a hair transplant procedure at Virginia Surgical Center in Virginia Beach. They’ve been exposed recently for performing unlicensed surgical procedures. I was not aware at the time of my procedure that these individuals lacked medical education, training, and licensure.

I am... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2024

I recommend that you consult with a lawyer who handles plaintiffs' work in the Virginia Beach area. Make sure that you preserve all evidence (photos, etc.) of these issues, as well as of your medical appointment itself (bills, etc.). There's no shortage of firms handling such work. You... View More

1 Answer | Asked in Animal / Dog Law and Elder Law for Virginia on
Q: I’ve cared for a dog for 3 months, the previous owner can’t properly care for him but is asking for him back now.

I’ve been buying things for him for over a year. There was poop in the house, he would eat her pull-ups and trash. No vet visit or shots and only went outside when she felt like letting him out. I would bring him to my house for several nights to bathe and care for him. She has memory issues and... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2024

Animal control is authorized by the Code of Virginia to seize animals that are being abused or neglected, and it sounds like this probably should have been done before the dog came into your possession. You say that she gave you the dog, but that's a little ambiguous. If you were of the... View More

3 Answers | Asked in Bankruptcy, Consumer Law, Criminal Law and Immigration Law for Virginia on
Q: what should be done to avoid criminal proceedings or any other proceeding for credit debt default judgement ?

Credit card maxed out by doing balance transfer amount is 4000$

I was using the same credit card for 3 years in the past

I have moved out of USA as wife lost job

Warrant in debt filed after 3 years I left the country

Hearing happened the same year but I was not in... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2024

From the facts that you give, it is likely that the statute of limitations has expired and that the creditor can no longer collect on any debt. However, if the creditor got a judgment against you, because you didn't appear, then the judgment may still be valid and collectible if and when they... View More

View More Answers

1 Answer | Asked in Criminal Law for Virginia on
Q: We were pulled over because the bed of the truck was primer gray , different then title . Didn't ticket . But asked to

Search truck was told no . Then brought I. A dog , no tickets for the reason they stopped us. Is that legal

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 12, 2024

If you are lawfully pulled over they can extend a lawful stop for a time to run dogs around the car.

I'm not certain based on what you told me that the stop was indeed lawful. It doesn't take much, but I think it might take more than that. I'm not sure how they would try to...
View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Received a speeding ticket 44MPH in a 25MPH zone. Clean record & going to court. What should I expect? Plea- not guilty.
Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2024

Generally what the courts do depends on your speed and driving history. Most judges look at the last 5 years. Many judges will offer driving school to reduce or dismiss if you were polite and have a very good driving record and haven't done driving school in the last 5 years.

Unless...
View More

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Virginia on
Q: My husband has power of attorney over his uncle whom is in a nursing home, he is mentally fine but physically not.

His uncle owns property that connects with ours we would like to purchase that property but not sure since the power of attorney. My husband and his uncle are the only remaining people in his family so there are no other heirs.. we do not want the nursing home to make us sell it which is why we... View More

Richard Sternberg
Richard Sternberg
answered on Oct 7, 2024

The question presents potential issues of self-dealing in derogation of fiduciary duties and credit fraud, elder abuse, and even potential Medicaid fraud. But, the funny part is one of the first lessons I learned in practice from my mentor’s mentor: If nobody is going to object, there are many... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I have Ben accused of a concealment charge and I have a prior charge of peace and good behavior with 5 years hanging

Public def wants to settle on 30 days suspended but this will violate peace and good behavior what can I do

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 4, 2024

Explain the circumstances of that other case to your lawyer. They should hopefully be able to give you advice on how a plea on the current charge could affect a good behavior violation. If the potential good behavior violation is in the same jurisdiction, sometimes the prosecutor could agree not to... View More

2 Answers | Asked in Traffic Tickets for Virginia on
Q: I need help on deciding if too get a lawyer or not
Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2024

Generally it's best to have a lawyer if you're charged with a misdemeanor or felony. And sometimes even traffic violations can result in job loss, license suspensions or greatly increased insurance. It's usually best to have an attorney if you can afford it but if you're not... View More

View More Answers

2 Answers | Asked in Traffic Tickets for Virginia on
Q: I just wanted too know what I will be facing going too court on Tuesday for reckless driving second offense have -11

I just wanted too know what I will be facing if I was too go too court without a lawyer I just got off driving probation and my points is -11 and my speed was 79/35 and I went too get my car calibrated it was off by one and I took a class so my points went down too -11 it was -16 at first

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2024

They're probably not going to reduce it for you. And you might get some jail time. You haven't approached at the correct way. There's a better way to approach that. But honestly, a case like that requires good legal representation because you've got a pretty bad driving record... View More

View More Answers

1 Answer | Asked in Consumer Law and Identity Theft for Virginia on
Q: Honda Financial attached my SSN to someone else's loan

No details regarding amount, if in state or not and they told me "We don't know if this is really you." After freezing my credit, submitting a report to the FTC, Honda Financial & taking time off of work to file a report with Local Law Enforcement, they still would not provide... View More

Matthew McKenna
Matthew McKenna
answered on Oct 2, 2024

I would certainly recommend contacting a consumer protection attorney as soon as possible that will offer a free consultation. It appears that you disputed this information with Honda Finance but I would also recommend disputing the information with the credit bureaus. You'll want to send the... View More

1 Answer | Asked in Contracts, Estate Planning, Family Law and Probate for Virginia on
Q: My mother passed away in Virginia and have been told there was a will.

I contacted the law firm that created the will and know the lawyer. I was told they would call me right back and haven't heard anything. My brother and I are the only surviving relatives. I wanted to if I had the right to see the will. There is also the question of what happens if it was... View More

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Sep 27, 2024

One way for a testator to revoke a will is through physical obliteration - tearing it up, marking through it, burning it, etc. Many lawyers will not keep an original will because it would deprive the testator of the ability to revoke a will in this manner. Instead, the lawyer or law firm may make... View More

2 Answers | Asked in Civil Rights, Federal Crimes and Criminal Law for Virginia on
Q: will convictions of felony eluding (5 yrs. old) and Grand Larceny (7 yrs. old) prevent me from being certified in va

I'm a convicted felon and just enrolled into college studying (BA) Psychology. I want to become a substance abuse counselor.

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 24, 2024

The Virginia Board of Counseling seems to have broad discretion on certification decisions. There does not appear to be any conviction that would act as an automatic bar to certification. Each candidate appears to be evaluated on a case-by-case basis. For more information, the Board of Counseling... View More

View More Answers

1 Answer | Asked in Collections for Virginia on
Q: I have a credit card debt sold to midland credit management (MCM), set up payment arrangement, still seeking judgement.

As stated above, today I set up a payment arrangement with MCM and at the end I said I would still show up to the court date to ensure the case dismissed since we made this arrangement and they advised they would still seek judgement against me incase I defaulted so they could garnish me without... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 24, 2024

None. You are misapprehending what the payment plan does. There's no need to go to Court as long as the stipulation you executed is filed with the Court beforehand. The stipulation controls the lawsuit from here on out. As long as you stick to it, the litigation stops and when you complete the... View More

1 Answer | Asked in Criminal Law and Sexual Harassment for Virginia on
Q: My 21 year old daughter just told me that when she was in 5th grade a teacher did some very inappropriate things.

He was dismissed from the school bc of another incident. What to do

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 23, 2024

There is no statute of limitations on felony offenses in Virginia. I obviously do not know what specifics act(s) your daughter is alleging, but a felony offense could potentially be prosecuted even after more than a decade. If your daughter suspects a crime happened and wishes to report it, she... View More

1 Answer | Asked in Criminal Law and Wrongful Death for Virginia on
Q: I believe my Aunt was murdered and her case was ruled a suicide. What can I do? Can I get access to any evidence?

Multiple stabs wounds

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 22, 2024

I would recommend first that you attempt to meet with the Commonwealth's Attorney for the jurisdiction where this happened. Such a meeting would give you an opportunity to voice your concerns about the investigation and possibly get some answers from the lead prosecutor as to why no criminal... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Will it be possible to reopen a felony case from 1991 in Fairfax Co for the purpose of reducing it to misdemeanor? Thx

Will a sealed conviction need to be disclosed on an immigration application?

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 17, 2024

Not likely; Rule 1:1 of the Rules of the Supreme Court of Virginia states that the conviction and sentencing order in your criminal case has long since been made final.

There is, however, a new law that should come into effect next year that may allow you to petition to have your felony...
View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Virginia on
Q: Traffic/Civil case

Google map led me the customer neighbor's house - the house is on a small hill with long/driveway.

The moment I was close the the house and I realized that it's was the address. I started to make a 3-point turn. Half way before I complete the turn, the owner got out and start... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2024

That's a wild sequence of events. What you're describing could be charged criminally in a number of ways, including unauthorized use of a motor vehicle and destruction of property. It's a shame that there is apparently no dash camera footage of this incident as that would settle a... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: Volunteer hours, are they additional or in total?

I completed 10 hours of community service between May 1st and 18th. I brought this to the judge on May 30th. The judge assigned me 20 hours of community service. Do I need to do 10 additional hours or 20 in total?

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2024

Without being there I couldn't tell you. I recommend calling the clerk's office for the court in question and asking if there are any notes on your warrant or summons that indicate what the judge wanted. At the very least, you can tell the judge you double-checked with the clerk's if... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I was charged with 7 misdemeanors and they are written up wrong. I haven’t turned myself in should I since they are look

I took about $100 worth of items from a car. I gave the items back to the officer so they got their stuff back. The officer specifically told me that she seen the video and had a list of the missing items which she lied and did not and coerced me into telling her I did it and threatened me and my... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2024

If you have been charged with an offense it is always better to turn yourself in rather to be arrested at an inopportune time by an officer. I recommend doing so early in the work week so that if for some reason the magistrate holds you without bond you won't sit around all weekend in the... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: What is the law regarding adverse possession of property bordering our property?

An old fence was erected when our house was built in 1990. There are old fruit trees planted on our side of the fence. The fence is about 30 feet from our actual property line. The area on our side of the fence has been maintained by our prior property owners before we purchased the property and... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Sep 15, 2024

While your facts appear to support your claim of adverse possession, and there is a reasonable likelihood of success, it's not easy or clearcut. Simply, you need to get a lawyer on board - if only for advice - and see what else you need to do to cement your claim.

Adverse possession...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.