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Virginia Questions & Answers
1 Answer | Asked in Traffic Tickets for Virginia on
Q: should I fight a failure to yeild ticket when other driver was a minor with permit and mother, he never breaked.

turn in to my drive way, left turn and I was turning in front of him, there was a far distance then all of a sudden very close to me, he never touched breaks and no break marks on road. I think he was speeding and might have been able to react better. I know I got the ticket but not sure if I... View More

David G. Parker
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answered on Feb 26, 2024

If it were me, I would appear if possible. A judge has options for reducing or even dismissing a ticket like this. An amended charge of improper driving (only 3 demerit points) or even dismissal with completion of a driver improvement clinic might be possible depending on the circumstances of the... View More

2 Answers | Asked in Criminal Law and Federal Crimes for Virginia on
Q: convicted of a non violent felony that was then dropped to a misdemeanor

would i still be able to own a gun if it was dropped to a misdemeanor

Seth E Allen
Seth E Allen
answered on Feb 26, 2024

It really does depend on what you were charged with. Most misdemeanors do not result in the loss of firearm privileges, while some do (most commonly domestic violence convictions). It's also important to know that if a protective order was issued against you as part of your conviction, that... View More

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2 Answers | Asked in Criminal Law and Federal Crimes for Virginia on
Q: convicted of a non violent felony that was then dropped to a misdemeanor

would i still be able to own a gun if it was dropped to a misdemeanor

James L. Arrasmith
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answered on Feb 25, 2024

While your felony charge being dropped to a misdemeanor is a positive development, it's important to understand that federal law still prohibits individuals convicted of any misdemeanor crime of domestic violence from possessing firearms. Additionally, state laws regarding firearm ownership... View More

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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Virginia on
Q: Good morning-can I reestablish a patent that I submitted to the patent office?

patent number-420070276359

James L. Arrasmith
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answered on Feb 25, 2024

Once a patent has been submitted to the patent office and granted a patent number, it typically cannot be reestablished. The patent office grants patents based on the novelty, usefulness, and non-obviousness of the invention at the time of submission. If your patent application was rejected or... View More

1 Answer | Asked in Family Law, Civil Rights, Juvenile Law and Libel & Slander for Virginia on
Q: My 16 yo daughter in NC is thinking about getting emancipated. I live two hours away in VA. Can I fight this?

My daughter lives with her dad in NC for the past 2 years. She lived with me in VA the 6 years prior. She moved there after we had trouble getting along and she got in a fight with her grandmother (my mom), where my daughter was very ugly and my mom slapped her. Child custody agreement states... View More

James L. Arrasmith
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answered on Feb 24, 2024

Navigating the situation involving your daughter's potential emancipation in North Carolina can be complex, especially given the dynamics involving her father, stepmother, and your history. It's crucial to prioritize your daughter's well-being and interests throughout this process.... View More

1 Answer | Asked in Employment Law and Civil Rights for Virginia on
Q: Uber classification of driver is independent contractor Virginia classification is employee, requiring Uber to challenge

The challenge must be with a Virginia agency they never challenged the classification and Virginia allows Uber to treat drivers as independent contractors is this a civil rights violation

James L. Arrasmith
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answered on Feb 24, 2024

The classification of Uber drivers as independent contractors or employees varies depending on the jurisdiction and applicable laws. While Uber may classify drivers as independent contractors in Virginia, the classification may be challenged if it is believed to be in violation of state employment... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for Virginia on
Q: can abingdon regional jail cut a inmate off suboxone cold turkey?
James L. Arrasmith
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answered on Feb 23, 2024

Abingdon Regional Jail may have policies and procedures in place regarding the administration of medications, including controlled substances like Suboxone. However, abruptly discontinuing Suboxone without proper medical supervision and a gradual tapering schedule can pose significant health risks... View More

1 Answer | Asked in Banking for Virginia on
Q: Will a check clear if it’s already been deposited a few years ago

I found a check in my safe from 2019 with a stack of other checks. It was the only check that didn’t have void written on it so I assumed I never deposited it so I did a mobile deposit and this morning I check my bank account and the funds are In my account but I’m scared to spend the money... View More

James L. Arrasmith
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answered on Feb 23, 2024

Discovering a check from 2019 and depositing it recently to find the funds in your account certainly brings up a valid concern about whether it was previously deposited, especially with the transition from SunTrust to Truist possibly complicating your ability to track past transactions. Generally,... View More

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Personal Injury for Virginia on
Q: Private mail about me was sent to my dad's house (same name) instead of mine, they had my correct address. Can I sue?

It was about a debt that has apparently been turned over to a debt collector. The loan company had my address, and I have never given them my parents address.

I have no idea why it was addressed and sent to him, other than he and I have in the same name. Since it was his name on it, He... View More

James L. Arrasmith
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answered on Feb 24, 2024

Yes, you may have grounds to sue the debt collector for violating the Fair Debt Collection Practices Act (FDCPA). Some key points:

- Debt collectors are prohibited from communicating information about a consumer's debt to third parties without the consumer's consent. This includes...
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1 Answer | Asked in Tax Law for Virginia on
Q: How can I hold the state responsible for causing a hardship with a tax levy.

.

James L. Arrasmith
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answered on Feb 22, 2024

If you're facing hardship due to a tax levy imposed by the state, there are steps you can take to address this issue. First, it's crucial to communicate directly with the state tax agency that issued the levy. Explain your situation and provide evidence of the hardship the levy is... View More

1 Answer | Asked in Social Security for Virginia on
Q: va repayment affect new spouse
James L. Arrasmith
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answered on Feb 22, 2024

When considering VA repayment affecting a new spouse, it's crucial to understand that your spouse's credit and financial obligations are separate from yours. If you incurred a VA loan repayment obligation before marriage, your spouse generally won't be directly responsible for that... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: Donation of property requested for easement

I live in Virginia. I just got a letter today from the city asking for me to donate over 1000 Sq ft of my property for a utilities easement. This section would cover the entire width of my front yard back 13ft from the road including my only access to my driveway (its a dead end) and a section of... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Feb 22, 2024

By donating the property, the City will get use of that portion of your property for free. You may get a reduced property assessment from the loss or the shared use of the property, resulting in lower taxes, but the value of your property will also be reduced. If this portion of your property can... View More

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: If one spouse refuses to sign agreed PSA can I still get a divorce after 3 years?

All child support/custody is settled as well. How can he force me to stay married while living with his mistress?

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Feb 20, 2024

A divorce in Virginia does not require the mutual consent of the spouses. Either spouse can file for a divorce from the other, and a judge will enter the divorce if the court has jurisdiction and the plaintiff introduces sufficient evidence in support of the grounds for divorce. In a divorce case... View More

2 Answers | Asked in Criminal Law for Virginia on
Q: On probation had court reporting date on Feb 5 Po text me told me didn't have to be present 13 Feb probation was first

Time police came to house looking for me for probation violation if turn myself in do I get locked up or get out on or Po told me no jail time was involved before court had 3 dirty urines last one told Po up front

Derek Allen Colvin
Derek Allen Colvin
answered on Feb 19, 2024

It is not clear what you are asking. You should talk to a local attorney in Roanoke (or whatever locality is alleging a violation). There are typically two ways you can be locked up for a probation violation - pre-hearing (if you are denied bail or cannot post it) or post-hearing (if you are... View More

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2 Answers | Asked in Criminal Law for Virginia on
Q: On probation had court reporting date on Feb 5 Po text me told me didn't have to be present 13 Feb probation was first

Time police came to house looking for me for probation violation if turn myself in do I get locked up or get out on or Po told me no jail time was involved before court had 3 dirty urines last one told Po up front

David G. Parker
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answered on Feb 26, 2024

Bond will be up to the judge, so nothing is guaranteed. Turning yourself in (and before too much time has passed) may improve the chances of a judge viewing your bond status favorably — especially if this is a first offense or second offense probation violation where jail time is either going to... View More

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1 Answer | Asked in Divorce and Family Law for Virginia on
Q: I have been separated from my Wife FOR YEARS...I want a divorce and so does she.

We were married at the Warren County North Carolina Justice Of The Peace...How Do I Get Divorced in a another state that I no longer reside in

Jordan A. Fanney
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answered on Feb 18, 2024

You do not have to get divorced in the state you married in. If neither you nor your wife live in North Carolina, North Carolina may not be an option for you. Check your state's law to determine where you should file for divorce. In Virginia you typically file in the city or county where you... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can i have a tenant assessment removed from record?

The lawyers made an agreement( without my consent) and case was dismissed but still shows up on record keeping me from getting another place to rent Actually a Tenants Assertion...

GV23007008-

AM

Case

Dismissed

Tenant's

Assertion

Maria T Patente
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answered on Feb 16, 2024

Your terminology "tenant assessment" does not have meaning in Virginia. Do you mean an Unlawful Detainer? If you had an unlawful detainer that was dismissed, then you had a good outcome. You can file for expungement of a dismissed unlawful detainer 30 days after the date of dismissal.

1 Answer | Asked in Foreclosure for Virginia on
Q: If I pay the full past due amount for my mortgage will that stop forclosure?

I lost my job last Oct, but im back to work full time and can now pay all the past due. I'm about 3 months behind.

T. Augustus Claus
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answered on Feb 15, 2024

In Virginia, paying the full past due amount on your mortgage can indeed halt the foreclosure process, assuming the lender hasn't already completed the foreclosure sale. When you pay off the entire amount you owe in arrears, including any late fees and legal costs incurred by the lender as... View More

2 Answers | Asked in Real Estate Law for Virginia on
Q: What is the Virginia statute of limitations involving a third party promissory note with a deed of trust?

Last payment made Dec 2014. Have not heard from note holder until Feb 2024 threatening foreclosure, interest, and legal fees.

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

You've left out some important information - when was the mortgage taken out, when was it's original due date, and a few other things. I have a lot more questions than answers at this point.

That said, the odds are that the holder of the debt may still be able to foreclose on the...
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2 Answers | Asked in Real Estate Law for Virginia on
Q: What is the Virginia statute of limitations involving a third party promissory note with a deed of trust?

Last payment made Dec 2014. Have not heard from note holder until Feb 2024 threatening foreclosure, interest, and legal fees.

Dominic Paul Lascara
Dominic Paul Lascara
answered on Feb 15, 2024

Keep in mind that in the State of Virginia the statute of limitations on the enforcement of the underlying Deed of Trust is 10 years from the maturity date (VA Code Section 8.01-241). If the Deed of Trust does not state the maturity date, the statute of limitations on the enforcement of the... View More

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