Get free answers to your legal questions from lawyers in your area.
I have left several voicemails requesting an estimate to time frame.
answered on Sep 15, 2024
It is important for a lawyer and his or her client to discuss expectations regarding communications and the preferred method of communication. In general, lawyers communicate with clients when it is necessary to the purpose of representation. Some lawyers and clients prefer e-mail, some prefer... View More 
My fiance is incarcerated we have zero income now,, he is charged with enter structure, poss. Of burglary tools,
petite larceny. Accused of these crimes because fiancee vehicle license plate was seen on flock camera in the area , vehicle matching description was seen on camera a block... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2024
Unfortunately you generally can get court appointed/public defender or retain an attorney you choose. The standard is not extremely high and most court appointed attorneys and public defenders meet that minimum level. But if you're not happy you would likely need to hire an attorney. If... View More
Pulled over in VA ,passing through,first ticket. Asked for extension I was told no,asked the clerk what to do. She said pay it. I did. Was charge with no show. This was almost 7 years ago. Of course its showing up in my background checks
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2024
It sounds like you may have a warrant for failing to appear if they charged you with "no show." Maybe you mean they tried you in your absence? If there is a warrant for failing to appear you will need to take care of that. If they found you guilty in your absence there is currently no... View More
Driver had no front license plate on vehicle but had license plate inside car
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2024
There's a way to politely say that you prefer not to provide ID. And ask (on video or other recording) if you are required by law to provide ID and what the penalties are if you do not comply. If they tell you it's required and you will be arrested if you don't comply or face other... View More
Driver had no front license plate on vehicle but had license plate inside car
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2024
Appellate courts have held that an officer's request for a passenger's identification is lawful, even without suspicion of a specific crime or infraction. In this case, the officer is also claiming you weren't wearing a safety belt and so they would have reason to investigate that... View More
I like to know if there is a way to collect from the small business owner.
answered on Sep 8, 2024
Yes, you can collect, but you first have to confess the judgment to the clerk if you haven't already done that. Then, you can start the involuntary collection efforts like garnishing wages or bank accounts or levying personal property. I'm sure anyone who responds would be happy to help... View More
I was pulled over for speeding and ticketed going 57 in a 40. This was also my first time ever being pulled over and having any vehicle incidents. I was also going downhill and saw my speedometer did not go over 45. On the ticket it says my speed was monitored with a Front/Stationary radar;... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2024
An attorney can probably get you a much more favorable result. You admit to speeding 1-9 over the limit which is 3 demerit points. I can usually easily get that reduced to something that doesn't carry any points in Petersburg if that's where your ticket was assuming you were polite. You... View More
I was pulled over for speeding and ticketed going 57 in a 40. This was also my first time ever being pulled over and having any vehicle incidents. I was also going downhill and saw my speedometer did not go over 45. On the ticket it says my speed was monitored with a Front/Stationary radar;... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 8, 2024
You can certainly plead not guilty and challenge the radar accuracy. Just be aware that it's never easy to challenge the validity of stationary or moving radar results. The officer will more than likely be able to testify that he used tuning forks to check the calibration of his radar unit... View More
My mother passed away 10 years ago with no will. She had married a man with children and together they had brought a home. The deed of trust is in both names and listed as tenants by the entireties with the right of survivorship. The husband is now dead. Are ONLY his children entitled to the... View More
answered on Sep 4, 2024
I am answering this question with the assumption the parties resided in the State of Virginia. With the real estate being owned by your mother and your step-father as husband and wife and as tenants by the entirety with the right of survivorship, when your mother passed the property became the... View More
My mother passed away 10 years ago with no will. She had married a man with children and together they had brought a home. The deed of trust is in both names and listed as tenants by the entireties with the right of survivorship. The husband is now dead. Are ONLY his children entitled to the... View More
answered on Sep 4, 2024
That is some seriously poor estate planning, and it may be worthwhile to sit down with a lawyer to check the deed (not the deed of trust) any other trusts, and whether your step-father had a will. But, if the deed was by entireties and bought during the marriage, it became his house when she died,... View More
My mother passed away 10 years ago with no will. She had married a man with children and together they had brought a home. The deed of trust is in both names and listed as tenants by the entireties with the right of survivorship. The husband is now dead. Are ONLY his children entitled to the... View More
answered on Sep 4, 2024
When a Virginia resident dies intestate - without a will - property may pass through nonprobate transfers, such as survivorship, POD account beneficiaries, TOD account beneficiaries, retirement plan beneficiaries, or other nonprobate measures, or according to the law of intestacy in Virginia, which... View More
answered on Sep 2, 2024
Equitable distribution rights in marital property in Virginia do not rise to the level of title rights. In the absence of a court order freezing marital assets, a spouse holding title in his or her name alone may sell property. The other spouse may have a right to a credit in equitable... View More
A car was parked on the side curb pulling out on to the main straight away street. There is a stop sign intersection right behind the car and a car was at the stop sign and turned and hit the car pullling out on the drivers side with children in it and caused great damage to the car but no damage... View More
answered on Aug 31, 2024
Addendum - a local attorney could also advise on your state's applicable comparative negligence/contributory negligence doctrines. Based on percentages of respective liability, these could have different outcomes of a person's available recourses, depending on the jurisdiction. It... View More
A car was parked on the side curb pulling out on to the main straight away street. There is a stop sign intersection right behind the car and a car was at the stop sign and turned and hit the car pullling out on the drivers side with children in it and caused great damage to the car but no damage... View More
answered on Aug 31, 2024
A Virginia attorney could advise best, but your question remains open for two weeks. Until you are able to review the accident with a local attorney (if a police report was issued, that would be helpful), both vehicles may bear some liability, one as a parked vehicle entering a roadway, and the... View More
uncle is saying all of my deceased dad’s belongings are his
answered on Aug 27, 2024
You need to sit down with a lawyer experienced in Virginia probate law to review the Will, if any, the property deeds, if any, the family tree, and the other assets your father owned. If your father had a wife or children and no Will, his brother is not in his intestate succession. But, if you let... View More
Called several times and faxed showing where I have paid them. They tell me it will be taken off. But then I get another bill
answered on Aug 27, 2024
A Virginia attorney could advise best, but your question remains open for a week. Unless things get out of hand with aggressive collection efforts, it probably isn't worth your trouble and expenses to bring in an attorney to sue in such a situation. The usual first step could be a letter from... View More
I was convicted in 1993 of a felony, under code 19.2-341 after 20 years im no longer required to pay those fines, but the code has since changed, am i still under the guidelines of the old code? From when i was sentenced?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2024
As you correctly point out, at the time of your conviction the government was limited to a period of 20 years for the recovery of unpaid fines/penalties. The law prohibits "ex post facto" laws that update penalties and punishments after the fact. On the other hand, "procedural"... View More
I was out on probation for shoplifting alcohol at college. my probation officer said i only needed to come to a few meetings since i would be leaving to go back home in a month. I went to 2 then slept through the 3rd and she called me wanting to reschedule but i never contacted her because i was... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2024
The best thing you can do is to contact your probation officer as soon as possible. Probation officers have discretion on whether to report a violation to the trial court and so it is in your best interest to re-establish contact. With any luck, you can smooth things over with your probation... View More
My husband was helping move out a bed from a neighbor a few townehomes down. He backed into a neighbors car while it was parked. The lady came out as it was on her ring camera and called the cops. My husband got out of his truck and apologized as he felt so bad to do that to our neighbor of almost... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2024
Statements you provided to the officer are inadmissible hearsay unless they are subject to a hearsay exception (unlikely, based on what you described in your question). Additionally, you have marital privilege and cannot be compelled to testify against him. So it is most likely inadmissible and... View More
It was a Medical Malpractice case. They did not respond in time.
answered on Aug 9, 2024
Now that you have a judgement entered against the medical entity or person, you are considered a judgment creditor. You may wish to contact an attorney that handles creditor rights/collection. There are several ways that you can try and collect on your judgment depending on who your judgment is... 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.
