Virginia Questions & Answers by Practice Area
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Virginia Questions & Answers
Q: I got speeding ticket (67 MPH over 45) but no reckless. My driving record is clean since 2008. May judge give me RD?
Gary D. Godman's answer
If you weren't charged with reckless driving by speed (or any other type of reckless driving) on the ticket, the judge isn't going to "upcharge" you if you go to court. Same thing if you pay it online. It's still a 6-point violation on your DMV record if convicted, so if you're worried, you might consult with a traffic attorney that serves the county where you were pulled over. Good luck, and watch your speed!
If you weren't charged with reckless driving by speed (or any other type of reckless driving) on the ticket, the judge isn't going to "upcharge" you if you go to court. Same thing if you pay it online. It's still a 6-point violation on your DMV record if convicted, so if you're worried, you might consult with a traffic attorney that serves the county where you were pulled over. Good luck, and watch your speed!
Q: Can an attorney request additional money for incorrect paperwork filed?
Gary D. Godman's answer
The best thing you can do is discuss it with your attorney! QDRO's are touchy in that different investment companies require different words in the order - it's possible the investment company gave incorrect info and that there's no fault on the part of your attorney. Review your retainer agreement and have an open discussion with the attorney. Good luck!
The best thing you can do is discuss it with your attorney! QDRO's are touchy in that different investment companies require different words in the order - it's possible the investment company gave incorrect info and that there's no fault on the part of your attorney. Review your retainer agreement and have an open discussion with the attorney. Good luck!
Q: Can the father of my child file for custody if he has a kidnapping charge?
Gary D. Godman's answer
Well, he can always file with the court - whether or not he's successful is a different story. If he's been convicted of kidnapping in the past, it's certainly something the court could consider, along with the many other custody factors listed in Virginia Code Section 20-124.3 (http://law.lis.virginia.gov/vacode/title20/chapter6.1/section20-124.3/). If he files, contact a family law attorney to go over your own case. If there is no custody order right now, consider contacting a family law...
Well, he can always file with the court - whether or not he's successful is a different story. If he's been convicted of kidnapping in the past, it's certainly something the court could consider, along with the many other custody factors listed in Virginia Code Section 20-124.3 (http://law.lis.virginia.gov/vacode/title20/chapter6.1/section20-124.3/). If he files, contact a family law attorney to go over your own case. If there is no custody order right now, consider contacting a family law...
Q: I have been listed as the father of a child with no paternity test or acknowledged paternity paper.
Gary D. Godman's answer
You'd have to file a petition to establish/disestablish paternity in the appropriate juvenile & domestic relations court. Then, if the mother denies that you are not the father, you would get the opportunity to take a DNA test. If it turns out that you are the father, you will have to cover the costs of the test. Consult with a local family law attorney to help guide you through the forms and process. Good luck.
You'd have to file a petition to establish/disestablish paternity in the appropriate juvenile & domestic relations court. Then, if the mother denies that you are not the father, you would get the opportunity to take a DNA test. If it turns out that you are the father, you will have to cover the costs of the test. Consult with a local family law attorney to help guide you through the forms and process. Good luck.
Q: I was just given a warrant for a Class 1 Misdemeanor, "intentionally make an obscene display or private parts in a
Gary D. Godman's answer
It's not really possible to give you a typical punishment for this crime, as punishment will be rendered based on the individual facts of the case and the attitude and criminal history of the defendant. Class 1 Misdemeanors are punishable up to one year in jail and/or a fine of $2500, plus you'd have a pretty ugly conviction on your background for future employment/education. You should absolutely get a lawyer. Many criminal defense attorneys offer free consultations. Start calling around...
It's not really possible to give you a typical punishment for this crime, as punishment will be rendered based on the individual facts of the case and the attitude and criminal history of the defendant. Class 1 Misdemeanors are punishable up to one year in jail and/or a fine of $2500, plus you'd have a pretty ugly conviction on your background for future employment/education. You should absolutely get a lawyer. Many criminal defense attorneys offer free consultations. Start calling around...
Q: Does a PT emp (20h / wk = 240hr) receive the same amount of FMLA leave as a FT emp (40h/wk= 480hrs)?
Marshall Jason Ray's answer
Under FMLA, if the employee normally works on a part-time basis, then the employee's FMLA leave is calculated on a proportional basis. In a case of intermittent leave, for example, if an employee's routine work week is 20/hours, and if the employee takes 10 hours hours of FMLA leave in one work week, then the employee has used up one half (1/2) of one week of the employee's entitlement.
Under FMLA, if the employee normally works on a part-time basis, then the employee's FMLA leave is calculated on a proportional basis. In a case of intermittent leave, for example, if an employee's routine work week is 20/hours, and if the employee takes 10 hours hours of FMLA leave in one work week, then the employee has used up one half (1/2) of one week of the employee's entitlement.
Q: Iraqi citizen in the US, with work permit and valid i-94 Can I visit Canada for two weeks without re-entry visa to USA
Shan Dimitris Potts' answer
It depends on what kind of visa you are on at the moment, talk to an immigration attorney in private. Many immigration attorneys including me offer free consultations, make use of the consultations.
All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that...
It depends on what kind of visa you are on at the moment, talk to an immigration attorney in private. Many immigration attorneys including me offer free consultations, make use of the consultations.
All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that...
Q: Can a lawyer ask the plaintiff to drop the felony charge down
John David Mayoras' answer
Well, In Virginia technically a victim cannot drop or reduce a charge. They only person who can do that is the Commonwealth Attorney. Now a victim's input should matter to the Commonwealth Attorney, and they have to consult with the victim and include them in discussions regarding disposition of the case. But, ultimately it is the Prosecutor's decision. So in a criminal case, the victim is not the plaintiff, the crime is against the dignity of the Commonwealth. Now if you are talking about...
Well, In Virginia technically a victim cannot drop or reduce a charge. They only person who can do that is the Commonwealth Attorney. Now a victim's input should matter to the Commonwealth Attorney, and they have to consult with the victim and include them in discussions regarding disposition of the case. But, ultimately it is the Prosecutor's decision. So in a criminal case, the victim is not the plaintiff, the crime is against the dignity of the Commonwealth. Now if you are talking about...
Q: i was charged witb posession of a firearm by a convicted felon. the PROSECUTOR ASKED THAT THE CHARGE BE DISMISSED.
John David Mayoras' answer
It depends. If the prosecutor moved to nolle prosequi the charge then that is a dismissal without prejudice. Which means they can bring the charge back. And typically when they do its through a direct indictment in Circuit Court. Prosecutors will do this for a variety of reasons, mostly tactical. There are also dismissals with prejudice which means the prosecutor could not bring it back.
It depends. If the prosecutor moved to nolle prosequi the charge then that is a dismissal without prejudice. Which means they can bring the charge back. And typically when they do its through a direct indictment in Circuit Court. Prosecutors will do this for a variety of reasons, mostly tactical. There are also dismissals with prejudice which means the prosecutor could not bring it back.
Q: My ez abandoned our son in 2011 and I've had him since. He is 19 now. My question is about getting back support arrears
Gary D. Godman's answer
It's a bit unclear from your post who had what order, and when. If there are arrears from a child support order, they will remain after the child support order expires. A child support arrearage becomes a "judgment" the moment it becomes due, which means it can be enforced 20 years or more past the point it became due. Consult with a family law/child support attorney to get the specifics and to review your past paperwork. Good luck!
It's a bit unclear from your post who had what order, and when. If there are arrears from a child support order, they will remain after the child support order expires. A child support arrearage becomes a "judgment" the moment it becomes due, which means it can be enforced 20 years or more past the point it became due. Consult with a family law/child support attorney to get the specifics and to review your past paperwork. Good luck!
Q: I'm searching for a knowlegable pro-bono attorney who can help put in the paperwork on a Va. Worker's Comp review
Gary D. Godman's answer
You'll have to search the web for worker's comp attorneys in your area. Call and get a consultation - I believe many worker's comp firms work on a contingency fee basis, which generally means they will take their fee out of the final award, (if there is one) instead of you having to pay all or part of the fee up front. If you don't have a good case, they will advise you of that at the consultation. Good luck to you.
You'll have to search the web for worker's comp attorneys in your area. Call and get a consultation - I believe many worker's comp firms work on a contingency fee basis, which generally means they will take their fee out of the final award, (if there is one) instead of you having to pay all or part of the fee up front. If you don't have a good case, they will advise you of that at the consultation. Good luck to you.
Q: I was involved in questionable motorcycle crash and I was left disabled. The case was settled as an accident.
Mr. Michael O. Stevens' answer
It sounds like you settled the civil case already with the insurance company, so almost always no. If you are talking about a criminal case, potentially if no one was already in jeopardy.
It sounds like you settled the civil case already with the insurance company, so almost always no. If you are talking about a criminal case, potentially if no one was already in jeopardy.
Q: Can I still get child support if I get social security for my son based on his fathers eligibility?
Gary D. Godman's answer
He would get a credit for the amount that is paid for the child's benefit, but with other sources of income, the guideline child support might be higher than his credit for the child's derivative Social Security benefit. Consult with a family law attorney to help run potential guidelines, or contact the VA Division of Child Support Enforcement at 800-468-8894.
He would get a credit for the amount that is paid for the child's benefit, but with other sources of income, the guideline child support might be higher than his credit for the child's derivative Social Security benefit. Consult with a family law attorney to help run potential guidelines, or contact the VA Division of Child Support Enforcement at 800-468-8894.
Q: My child has medical coverage through my husband (TRICARE). Is the biological dad responsible for any medical coverage?
Gary D. Godman's answer
Under VA child support calculations, the cost of health insurance, including dental, is included in the total calculations for the child, so the paying parent's share would be included in the calculation. However, if your order is from AL, you'll need to post it to the AL forum, as AL laws may differ. I am only licensed in VA and can only speak to VA law. Good luck!
Under VA child support calculations, the cost of health insurance, including dental, is included in the total calculations for the child, so the paying parent's share would be included in the calculation. However, if your order is from AL, you'll need to post it to the AL forum, as AL laws may differ. I am only licensed in VA and can only speak to VA law. Good luck!
Q: What does and doesn't go on your driving record in Virginia?
Gary D. Godman's answer
If it's a moving violation, it depends on whether you were convicted, not how you were caught. If you're found guilty of a moving violation on a ticket from a camera, it's going to be on your DMV record.
If it's a moving violation, it depends on whether you were convicted, not how you were caught. If you're found guilty of a moving violation on a ticket from a camera, it's going to be on your DMV record.
Q: Will this cost me money?
Gary D. Godman's answer
You're going to have to post this question to the North Carolina forum. The ethics rules on these types of "contingency fees" differ from state to state, and there's a difference between "don't pay unless you win" and "don't have to pay until the end."
You're going to have to post this question to the North Carolina forum. The ethics rules on these types of "contingency fees" differ from state to state, and there's a difference between "don't pay unless you win" and "don't have to pay until the end."
Q: filing citizenship
Gary D. Godman's answer
You really need to 1) be fully honest when filling out Form N-400 and 2) consult with an immigration attorney to help make sure whether your specific conviction and the timing of it is going to bar you from naturalizing. Based on the description, it sounds like you're still eligible, but since we don't have all the facts here, it's impossible to say for sure. Best to consult with an attorney for your own peace of mind.
You really need to 1) be fully honest when filling out Form N-400 and 2) consult with an immigration attorney to help make sure whether your specific conviction and the timing of it is going to bar you from naturalizing. Based on the description, it sounds like you're still eligible, but since we don't have all the facts here, it's impossible to say for sure. Best to consult with an attorney for your own peace of mind.
Q: Can police hold my license after its been confirmed clean while k9 checks car
Steve Miyares' answer
You should consult with an experienced criminal defense attorney in your local jurisdiction. The law regarding search and seizure is very complex and it would be very unwise for you to try defending yourself in this matter. Do not post any other information about your case on this or any other public forum. Instead consult with a defense attorney in your area as soon as possible. You can use the Find A Lawyer tab to help find an attorney in your local jurisdiction.
You should consult with an experienced criminal defense attorney in your local jurisdiction. The law regarding search and seizure is very complex and it would be very unwise for you to try defending yourself in this matter. Do not post any other information about your case on this or any other public forum. Instead consult with a defense attorney in your area as soon as possible. You can use the Find A Lawyer tab to help find an attorney in your local jurisdiction.
Q: If my dog bit someone, can i move him to a different county and not face penalty?
2 Answers
| Asked
in
Animal / Dog Law, Municipal Law, Criminal Law and Personal Injury
for
Virginia
on
Answered on Mar 16, 2016
Answered on Mar 16, 2016
Steve Miyares' answer
Removing the dog to another jurisdiction would not negate potential criminal and/or civil consequences.
Removing the dog to another jurisdiction would not negate potential criminal and/or civil consequences.
Q: can i apply for an L1A while i'm currently in US with a TPS ?
Shan Dimitris Potts' answer
Most likely you cannot at this moment since you are technically out of status, You need to contact an immigration attorney as soon as possible to find out what other possible options can help you stay in the US legally. Many immigration attorneys including me offer free consultations, make use of the consultations.
All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful...
Most likely you cannot at this moment since you are technically out of status, You need to contact an immigration attorney as soon as possible to find out what other possible options can help you stay in the US legally. Many immigration attorneys including me offer free consultations, make use of the consultations.
All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful...
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