Virginia Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Broker Fraud
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Other
- Patents
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- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
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- White Collar Crime
- Wrongful Death
Virginia Questions & Answers
Q: my roomates room was broken into, with blood left on the door. police say they will get a warrant for my dna.
Matthew Lane Kreitzer's answer
If you do not already have an attorney, you should absolutely retain a Criminal Defense attorney prior to interacting with police in any pending criminal investigation.
If you do not already have an attorney, you should absolutely retain a Criminal Defense attorney prior to interacting with police in any pending criminal investigation.
Q: A "mediator" called attempting to settle a debt between me and a company. No payments since '07. VA SOL make this done?
Matthew Lane Kreitzer's answer
You really should reach out to a Consumer Protection attorney based on what you just stated, as they may have violated Federal Law.
You really should reach out to a Consumer Protection attorney based on what you just stated, as they may have violated Federal Law.
Q: My boyfriend's parent moved to Texas and he lost his in state tuition to ODU. Is there anyway he can get in state tuitio
Gary D. Godman's answer
Students are bound by ODU's policy and Virginia law regarding in-state tuition. Here is ODU's webpage on the matter: https://www.odu.edu/admission/costs-tuition/tuition/in-state.
If the parents have abandoned their VA domicile, the student may be eligible to continue receiving in-state tuition for one year. The law cited on ODU's webpage is at the following link, and you can read the applicable section by scrolling down to part "B," second paragraph, last sentence:...
Students are bound by ODU's policy and Virginia law regarding in-state tuition. Here is ODU's webpage on the matter: https://www.odu.edu/admission/costs-tuition/tuition/in-state.
If the parents have abandoned their VA domicile, the student may be eligible to continue receiving in-state tuition for one year. The law cited on ODU's webpage is at the following link, and you can read the applicable section by scrolling down to part "B," second paragraph, last sentence:...
Q: If i retained an attorney do i have a better chance avoiding jail time for my third driving on revoked drivers license
Bryan J. Jones' answer
If this would be your third offense, you are facing a mandatory 10 days in jail. A consultation with an attorney would certainly be helpful considering the fact that you are facing jail time. I would recommend contacting an attorney for a consultation and then making the decision.
If this would be your third offense, you are facing a mandatory 10 days in jail. A consultation with an attorney would certainly be helpful considering the fact that you are facing jail time. I would recommend contacting an attorney for a consultation and then making the decision.
Q: Why is the judge denying bond for a strangulation charge?we have a second hearing this week to for a bond appeal
Bryan J. Jones' answer
The judge can deny bail is he believes your significant other will flee before trial or is a risk to the community. Strangulation is a serious charge and comes with a presumption against bond. Your best bet is to speak with your significant other's attorney and find out what he recommends.
The judge can deny bail is he believes your significant other will flee before trial or is a risk to the community. Strangulation is a serious charge and comes with a presumption against bond. Your best bet is to speak with your significant other's attorney and find out what he recommends.
Q: I'm 17 years old and wanting to live with my 21 year old fiancé. I turn 18 in 3 months we have parental consent.
Gary D. Godman's answer
You can either get married now with parental permission or wait three months. If social services is involved, they mean business, and contributing to the delinquency of a minor is a Class 1 Misdemeanor punishable by up to 12 months in jail and/or a fine of up to $2500. Don't do anything foolish and risk a criminal conviction for your fiance for something like this. Good luck.
You can either get married now with parental permission or wait three months. If social services is involved, they mean business, and contributing to the delinquency of a minor is a Class 1 Misdemeanor punishable by up to 12 months in jail and/or a fine of up to $2500. Don't do anything foolish and risk a criminal conviction for your fiance for something like this. Good luck.
Q: Is branding firearm a felony in Virginia?
Gary D. Godman's answer
Generally, brandishing a firearm is a Class 1 Misdemeanor - the highest level of misdemeanor we have in Virginia. However, it can be a Class 6 Felony if it happens at or near a school. For more info, you can read the law at this link: http://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-282/.
Generally, brandishing a firearm is a Class 1 Misdemeanor - the highest level of misdemeanor we have in Virginia. However, it can be a Class 6 Felony if it happens at or near a school. For more info, you can read the law at this link: http://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-282/.
Q: I was sent a divorce settlement offer giving me 15 day s to respond. I paid a lawyer the same day. She was going to send
Gary D. Godman's answer
It sounds like your primary question is: "If I file the papers myself, can I get an attorney to represent me later on?" The answer to that question is yes, you will be allowed to hire an attorney later on in the process if you wish to do so. If you decide not to go with the attorney you've already worked with, you are free to hire another - clients are generally free to hire and fire attorneys as they wish. The important part at this point is getting an answer to the court in a timely...
It sounds like your primary question is: "If I file the papers myself, can I get an attorney to represent me later on?" The answer to that question is yes, you will be allowed to hire an attorney later on in the process if you wish to do so. If you decide not to go with the attorney you've already worked with, you are free to hire another - clients are generally free to hire and fire attorneys as they wish. The important part at this point is getting an answer to the court in a timely...
Q: I'm selling my home and my buyer has an unreasonable repair request. If I sign the addendum am I liable for all repairs?
Matthew Lane Kreitzer's answer
An attorney would have to review the form in it's entirety to answer this question. Schedule a consultation with a Real Estate Attorney.
An attorney would have to review the form in it's entirety to answer this question. Schedule a consultation with a Real Estate Attorney.
Q: I have a garnishment against me for a debt that was owed in 2000. Can I dispute this in court?
Matthew Lane Kreitzer's answer
There are two statute of limitations in Virginia, and it is likely that the Debt Collector reserved the 20 year statute of limitations by recording the judgment. You should speak with a consumer protection attorney just in case, but you are likely still on the hook absent bankruptcy.
There are two statute of limitations in Virginia, and it is likely that the Debt Collector reserved the 20 year statute of limitations by recording the judgment. You should speak with a consumer protection attorney just in case, but you are likely still on the hook absent bankruptcy.
Q: Is there anyway to avoid jail time for my 3rd driving on revoked drivers license offence
Steve Miyares' answer
You should consult with an experienced criminal defense attorney. There could be viable defense strategies based on any number of things, including the validity of the original traffic stop, or proof of your prior convictions, or some other possible defenses. You should speak privately to an experienced defense attorney about the facts and circumstances of your specific case, good luck to you
You should consult with an experienced criminal defense attorney. There could be viable defense strategies based on any number of things, including the validity of the original traffic stop, or proof of your prior convictions, or some other possible defenses. You should speak privately to an experienced defense attorney about the facts and circumstances of your specific case, good luck to you
Q: Can anything be done to extend the time to collect child support arrears beyond the statute of limitations?
Matthew Lane Kreitzer's answer
Yes, there are methods for filing for an extension of time on which to enforce the arrears order. It is a complicated method by which motions must be filed and a hearing being held. Seek out an attorney for help.
Yes, there are methods for filing for an extension of time on which to enforce the arrears order. It is a complicated method by which motions must be filed and a hearing being held. Seek out an attorney for help.
Q: My 89 year old Mother passed away on Sept. 3, 2014 with no will. I cared for her until she passed away.
Matthew Lane Kreitzer's answer
You probably shouldn't be doing any of this. A power of attorney does not allow you to reconcile a deceased person's estate. The only person who can do that is the Administrator, appointed by the court in instances where there are no wills. Seek out a Probate attorney soon.
You probably shouldn't be doing any of this. A power of attorney does not allow you to reconcile a deceased person's estate. The only person who can do that is the Administrator, appointed by the court in instances where there are no wills. Seek out a Probate attorney soon.
Q: The county I live in failed to protect me as a disabled victim of emotional, psychological and financial Abuse.
Gary D. Godman's answer
Unfortunately, an emergency protective order is used in cases where there has been violence, force, or threat of force/violence/death. Generally, the abuse you describe does not qualify. However, that does not mean this person has not committed a crime. If you have not already done so, you can contact the police to provide information and help them decide if a crime has occurred. Good luck, and stay safe.
Unfortunately, an emergency protective order is used in cases where there has been violence, force, or threat of force/violence/death. Generally, the abuse you describe does not qualify. However, that does not mean this person has not committed a crime. If you have not already done so, you can contact the police to provide information and help them decide if a crime has occurred. Good luck, and stay safe.
Q: Is it legal to kick your 11 YO out and call his father to come get him, not allowing him back in the house.
Gary D. Godman's answer
There's a lot going on here that's best suited to a confidential consultation with a family law attorney. There's a difference between "kick out" into dad's custody and literally "kick out" onto the sidewalk, with the latter being much more objectionable (possibly even criminal). To change the court order, you would have to file a motion to amend and show the court there's been a "material" (significant) change in circumstances since the last court order was issued. Then, you would have to...
There's a lot going on here that's best suited to a confidential consultation with a family law attorney. There's a difference between "kick out" into dad's custody and literally "kick out" onto the sidewalk, with the latter being much more objectionable (possibly even criminal). To change the court order, you would have to file a motion to amend and show the court there's been a "material" (significant) change in circumstances since the last court order was issued. Then, you would have to...
Q: contract?
1 Answer
| Asked
in
Consumer Law, Education Law and Contracts
for
Virginia
on
Answered on Apr 21, 2016
Answered on Apr 21, 2016
Mr. Michael O. Stevens' answer
Under your thinking then, they should just charge you X size plan, full price, as that is what you agreed to. Does that work better or worse for you?
Under your thinking then, they should just charge you X size plan, full price, as that is what you agreed to. Does that work better or worse for you?
Q: Are legal fees covered if suing due to premature vacating of rental house by tenant?
Matthew Lane Kreitzer's answer
Depends on the terms of the lease unfortunately. This is a common thing landlords leave out of leases. Consult with a local Landlord/Tenant lawyer.
Depends on the terms of the lease unfortunately. This is a common thing landlords leave out of leases. Consult with a local Landlord/Tenant lawyer.
Q: My question concerns RC's, Right of Ways, and the legality of a Real Estate Closing without those items
Matthew Lane Kreitzer's answer
Before answering this question, any attorney would want to take a look at what this permanent injunction is and what it may mean for your case. I would recommend taking all your documents to a local Real Estate attorney.
Before answering this question, any attorney would want to take a look at what this permanent injunction is and what it may mean for your case. I would recommend taking all your documents to a local Real Estate attorney.
Q: WHAT ARE MY RIGHTS AS A LANDOWNER REGARDING DAMAGE DONE TO A TREE BY CAR HITTING IT LEAVING MY DRIVEWAY
Matthew Lane Kreitzer's answer
You may be able to recover the value of the tree and any other damage done to the property. Depending on the facts, there may be additional damages. Seek out a personal injury lawyer for an analysis of your case.
You may be able to recover the value of the tree and any other damage done to the property. Depending on the facts, there may be additional damages. Seek out a personal injury lawyer for an analysis of your case.
Q: Good afternoon, I wonder if adding a name to a home deed positively affects mortgage payments?
1 Answer
| Asked
in
Bankruptcy, Collections, Estate Planning, Family Law and Real Estate Law
for
Virginia
on
Answered on Apr 21, 2016
Answered on Apr 21, 2016
Matthew Lane Kreitzer's answer
I would be careful with adding your name to the deed. Any change in interest may spark the due on sale clause for the mortgage. Reach out to a local Estate Planning attorney to explore other avenues for alleviating the burden of the debt.
I would be careful with adding your name to the deed. Any change in interest may spark the due on sale clause for the mortgage. Reach out to a local Estate Planning attorney to explore other avenues for alleviating the burden of the debt.
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