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
2 Answers | Asked in Traffic Tickets for Virginia on
Q: Will I get a ticket for passing this school bus?

The bus was approaching a railroad, with its hazards on. Neither the yellow or red flashing lights were on when I passed, however when I checked my rear mirror the red lights were flashing and the stop sign had been put out. None of these were on when I made the maneuver but now I’m worried I... View More

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2024

In Virginia the bus has to be stopped when you pass it. It doesn't sound like you committed a violation. If the bus was already stopped when you passed they can use a camera ticket (traffic infraction) in the mail but the bus would need to be stopped with the sign out before the pass. Or you... View More

View More Answers

2 Answers | Asked in Traffic Tickets for Virginia on
Q: Will I get a ticket for passing this school bus?

The bus was approaching a railroad, with its hazards on. Neither the yellow or red flashing lights were on when I passed, however when I checked my rear mirror the red lights were flashing and the stop sign had been put out. None of these were on when I made the maneuver but now I’m worried I... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 1, 2024

In most states it is illegal to pass a school bus WHILE it is displaying red flashing signals and/or a stop sign. If the bus displayed these AFTER you passed, you did not commit a violation, but you do not say whether you were cited or not. The police will most likely not issue a citation they did... View More

View More Answers

2 Answers | Asked in Estate Planning for Virginia on
Q: How can I get remainder of trust from trustee who never gave annual Acctg but did give tax returns?

5 total beneficiaries: 2 trustees, myself, and 2 compliant. 8 mos ago trustee said a remainder but never recd.

1 trustee took $ and Ivwas told he would show record of money he spent. Never happened. 11 yrs ago parent passed and both trustees had trust checks accounts that were never told if.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2024

Beneficiaries must hire a VA attorney to sue the Trustees for Breach of Fiduciary Duty, Conversion, Accounting and Breaching the applicable Statutes. Venue will probably be where one of the Trustees resides, unless the Trust has a jurisdiction term. SOL will probably shield the oldest years of... View More

View More Answers

2 Answers | Asked in Estate Planning for Virginia on
Q: How can I get remainder of trust from trustee who never gave annual Acctg but did give tax returns?

5 total beneficiaries: 2 trustees, myself, and 2 compliant. 8 mos ago trustee said a remainder but never recd.

1 trustee took $ and Ivwas told he would show record of money he spent. Never happened. 11 yrs ago parent passed and both trustees had trust checks accounts that were never told if.

Dominic Paul Lascara
Dominic Paul Lascara
answered on May 30, 2024

It seems odd that the Trustee would give you copies of tax return, but not provide to the beneficiaries annual statements of receipts and disbursements. If you have a copy of the trust document, please review the sections that deal with the obligations of the Trustee to account to the... View More

View More Answers

2 Answers | Asked in Criminal Law for Virginia on
Q: I have a warrant for a suspended license in PA I need to fly to Puerto Rico out of VA for a week can I still go
Quillyn Zebedeo
Quillyn Zebedeo
answered on Jun 28, 2024

TSA has access to the FBI National Crime Information Center Database. While TSA might not always check state warrants, you should take care of the outstanding warrant before boarding any aircraft. Even for minor issues such as a suspended license.

View More Answers

2 Answers | Asked in Criminal Law for Virginia on
Q: I have a warrant for a suspended license in PA I need to fly to Puerto Rico out of VA for a week can I still go
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2024

You should be aware that traveling with a warrant, even for a suspended license, can complicate your plans. Airlines and airport security may not routinely check for warrants, but if for some reason you are flagged or detained, the warrant could lead to arrest. It's essential to consider this... View More

View More Answers

1 Answer | Asked in Insurance Defense for Virginia on
Q: Who responsible(my insurance policy or neighbor insuranc policy)for replacement of my house siding damage by next home

My next house catch on fire and that damage one side of my house.

I file claim With my insurance company and They are checking my coverage and Providing claim amount based on my policy coverage. As per my understanding, since this is not my fault.They should go with neighbors insurance... View More

Tim Akpinar
Tim Akpinar
answered on May 24, 2024

A Virginia attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a local attorney on state-specific laws and practices, you're correct. The way you describe is the way it's done in most places. Your insurance company might seek... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Virginia on
Q: I had hip replacement surgery with a resultant estimated 700 cc hematoma and was only placed on baby aspirin post op.

I had hip replacement surgery with a resultant estimated 700 cc hematoma and was only placed on baby aspirin post op. Developed large bilateral pulmonary emboli leading to a secondary hospitalization. I'm a former ICU charge nurse and then anesthetist, this shouldn't have happened.

Gail N. Friend
Gail N. Friend
answered on May 17, 2024

Being that you have clinical knowledge and have already reached opinions about the medical care, to make sure you are within the statute of limitations for filing suit -- ABSOLUTELY, seek out an attorney who has proven experience with OB cases... they are generally located in large cities where... View More

View More Answers

2 Answers | Asked in Medical Malpractice and Personal Injury for Virginia on
Q: I had hip replacement surgery with a resultant estimated 700 cc hematoma and was only placed on baby aspirin post op.

I had hip replacement surgery with a resultant estimated 700 cc hematoma and was only placed on baby aspirin post op. Developed large bilateral pulmonary emboli leading to a secondary hospitalization. I'm a former ICU charge nurse and then anesthetist, this shouldn't have happened.

Joel Gary Selik
Joel Gary Selik
answered on May 16, 2024

You may have a viable case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. What you describe appears to be below the standard of care-it must be confirmed by a doctor expert.... View More

View More Answers

1 Answer | Asked in Workers' Compensation for Virginia on
Q: I have a workers compensation claim from wrist injury , was wondering if I should have a lawyer during this process

I was evaluated today do I wait and see if a settlement is offered and get a lawyer if I don't agree with the settlement. I'm not sure how all this works and if so am I suing the insurance company or the company I work for?

Gary K. Burger Jr
PREMIUM
Gary K. Burger Jr pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2024

It's the employer's workers' compensation insurance, not the company itself. However, in some work injury situations there are also third-party claims when someone else acted in a negligent way that caused you to be injured.

As to your first question, you should be seen by...
View More

2 Answers | Asked in Criminal Law and Civil Rights for Virginia on
Q: How long does the state have to get you to court on Preliminary hearing on felony charges
David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2024

There is no statutory limitation governing the time it takes for the Commonwealth of Virginia to go forward with a preliminary hearing; however, the Code does regulate the timeline for trials once a felony case makes its way to the Circuit Court for trial.

That being said, a judge of a...
View More

View More Answers

2 Answers | Asked in Criminal Law and Civil Rights for Virginia on
Q: How long does the state have to get you to court on Preliminary hearing on felony charges
Daniel J. Miller
PREMIUM
Daniel J. Miller pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2024

There is no statutory requirement that a defendant have their preliminary hearing within a set amount of days. Similarly, there has been no precedent set by any of the Courts regarding the timeline for holding a preliminary hearing. Virginia Code section § 19.2-243 does deal with the amount of... View More

View More Answers

2 Answers | Asked in Civil Rights, Medical Malpractice and Personal Injury for Virginia on
Q: What would you call it when you're in the er for treatment yet the doctor dismisses your pain and won't do xrays?

I was also adequate hydration for being dehydrated. And the cutting of of my clothes at least an hour later and still did nothing for the injuries. The next shift had to help me get dirty out of my wounds. I was sedated asking questions about my treatment

Gail N. Friend
Gail N. Friend
answered on May 2, 2024

Generally there is an approximate 2 year statute of limitations for bringing a lawsuit. Based on the information you provided you need to talk with a medical malpractice attorney. Suggest that you or someone on your behalf immediately use this website to search for a "medical malpractice... View More

View More Answers

1 Answer | Asked in Family Law and Collections for Virginia on
Q: Do I notify a debt collector of who the executor is if it isn’t me if they haven’t asked but are sending me letters?

My wife was the POA for her eldest sister who was in a nursing home in Kentucky for 9 months before her death in 2022. Her other sister is the executor. I do not believe that she has settled the estate but there are no assets. Apparently Medicaid must have been denied because we are getting... View More

Richard Sternberg
Richard Sternberg
answered on May 2, 2024

You have no obligation to cooperate or provide any information in response to their demand letters. If they are a "bill collector" under the statute, they must cease contact when you demand that, and they may not continue contact just to harass you. That means that they have no choice but... View More

1 Answer | Asked in Employment Law for Virginia on
Q: With the new FTC ruling, can I recoup the costs a lawsuit cost me with breaking a non-compete agreement from an employer

Breaching the non-compete ended up costing close to $50K in settlement and legal fees back in 2017. I worked for the employer and then left to go start my own business that competed with them in government contracting. With the FTC ruling that non-competes are unfair and unenforceable I would like... View More

John Michael Frick
John Michael Frick
answered on May 2, 2024

No. Assuming the new FTC rule does go into effect in its current form, the current version of the rule expressly states "The requirements of this part 910 do not apply where a cause of action related to a non-compete clause accrued prior to the effective date."

Since your breach...
View More

1 Answer | Asked in Criminal Law for Virginia on
Q: If magistrates denied bond can you ask for bond at next arraignment date in Virginia
David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

Judges can (and frequently do) review a defendant's bond status at the arraignment whenever a magistrate holds a person without bond. Even if the judge does not grant bond at the arraignment, a defendant or their attorney can file a motion for a bond hearing. Bond hearings are held within a... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Should i plead guilty at arraignment or hope for the best and plead not guilty?

I am being charged with unauthorized use of a motor vehicle as well as false information to a police officer. I have no criminal record and I am a student. I cannot afford a lawyer. I have arraignment coming up and I don’t know if I should plead guilty and hope that the judge knows i’m a first... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 28, 2024

At your arraignment you will have the opportunity to answer a list of financial questions to see whether you qualify for a public defender/court-appointed attorney. Unauthorized use of a motor vehicle is almost always a felony charge and so you will likely be scheduling a preliminary hearing in... View More

2 Answers | Asked in Divorce, Estate Planning, Real Estate Law and Family Law for Virginia on
Q: Ex husband sent me a gift of deed expecting me to give him the house. I don’t want to sign it. What do I need to do

We owned the house while married nothing was agreed on except he was to live in the house. He left the state and never said a word. Now he sent me a gift of deed to sign over my rights.

Ross Cameron Hart
Ross Cameron Hart
answered on Apr 28, 2024

Other counsel are correct - we don't have enough information and you should consult with a lawyer - take all your divorce papers with you to the consultation, especially any separation agreement you had and the final decree of divorce.

This forum is designed to give you a quick...
View More

View More Answers

2 Answers | Asked in Divorce, Estate Planning, Real Estate Law and Family Law for Virginia on
Q: Ex husband sent me a gift of deed expecting me to give him the house. I don’t want to sign it. What do I need to do

We owned the house while married nothing was agreed on except he was to live in the house. He left the state and never said a word. Now he sent me a gift of deed to sign over my rights.

Richard Sternberg
Richard Sternberg
answered on Apr 27, 2024

You might consider getting a lawyer to evaluate the whole set of facts. The easy answer is to refuse to sign, but that could be really stupid depending on other facts. Lay all the facts out for a lawyer in a consult. That will be much cheaper than triggering litigation.

View More Answers

4 Answers | Asked in Real Estate Law, Estate Planning, Land Use & Zoning and Probate for Virginia on
Q: Can someone will property to another person when I was deed certain parts of the property 19 years ago?

If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Apr 17, 2024

More facts are required to answer this question accurately. Your question seems to touch on several different legal topics. First of all, a deed is effective upon delivery to the grantee. To preserve his or her rights against the rest of the world, the grantee should record the deed in the... View More

View More Answers

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.