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Dog Bite Exceptions
Were you aware that a dog in Virginia gets a
"free bite" in most cases? In other words, if the dog is not
known to be dangerous and he bites or injures your pet, the owner
may not be liable for damages. In most cases, the other owner
is considerate and pays any veterinary bills, but that does not
always happen. So what happens if there is no leash law
and a dog you didn't invite comes onto your property and
attacks your dog? You might think that if there was no prior
notice that the dog is dangerous you would be out of luck.
Well, that's not the case. In Goochland, dogs are allowed to
run free most of the year. However, according to Va. Code
Section 3.2-6586, if a dog enters your property without permission
and injures or kills your companion animal, the owner of the
offending dog will be held liable for damages. There are
also exceptions for livestock. Before giving up on recovering
money for damages, please call us to discuss any possible exceptions there may be.
Expungement in Virginia
Many people call about how to have a record
expunged. Unlike some states that allow a single misdemeanor
conviction to be expunged, in Virginia, if you plead guilty or are
found guilty by a court of law, the chances of having your record
expunged at a later date are slim. If you are charged with a crime
and the charges are later dropped or nolle prossed, you have
a good chance of having your record expunged. Or, if you have been
ordered to perform some sort of restitution and your case is taken
"under advisement" you may also qualify to have your record
expunged. If you were a juvenile when you committed your crime, you
may be able to have an actual conviction expunged. Lastly, if you
have been granted a full pardon, you will likely be able to have
your record expunged as well. However, even if you might otherwise
qualify, if you have a poor record in general, you will still have
to show that having the improper charges on your record hurt you in
some other way - such as preventing you from gaining a promotion. If
you believe that you should be granted an expungement for a charge
you did not commit, please call us to help clear your record before
it becomes a problem.
Landlord
Tenant Act
Have you recently left or are
planning to leave an apartment? Do you know what your rights are as
a tenant? Landlords are required to notify you in writing within 30
days for any fees which they will be withholding from your security
deposit. Oftentimes, landlords may try to withhold more than what is
reasonable. For instance, if there was some damage to a carpet, they
may try to withhold (and even bill additional) for full carpet
replacement. The problem that may arise is that replacing an old
carpet with new may not be reasonable. If the carpet was old when
you moved in or if damage was to an isolated area, you should not be
held liable for the entire cost to replace. If you are experiencing
issues over excessive fees being retained, don't be scared to speak
up for yourself. Ask what the life expectancy of the carpet was and
when the carpet was put in place. Point out damages you noticed on
the move-in sheet. There are many ways to reduce or even negate
withholdings from your security deposit. In addition, if you are
moving into an apartment, make sure you take pictures of any damages
you see before moving in your furniture and note everything on the
move-in inspection sheet. These will help to protect you when you
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Traffic
Laws
There was a big
change to DUI
laws in the state of Virginia this past year. Upon first conviction of a DUI
for anything over .08, you will now be restricted from driving any vehicle
that does not have an Intoxilyzer installed. In addition, over .15, you
will be required to have one installed in each car registered in your
name. Be careful and be safe.
Dangerous Dog Registry
Other new
laws taking effect have to do with dangerous dogs. If a dog is found
to be dangerous or vicious in a court of law, owners are required to
report the finding and have the animal listed on the Dangerous Dog
Registry. Citizens may also view the registry to determine whether a
dog has been declared dangerous in the past. Please note that
specific breeds in Virginia cannot be discriminated against. This
registry lists specific animals known to have harmed individuals or
other animals.
Do You Have a Will?
Do you
know who will inherit or control your property and assets if you
pass away without a will? Sometimes the answer is not what you think
it is. For instance, consider a couple with two young children.
Perhaps they were married and divorced, perhaps they never married.
If one of the couple dies, chances are the children will go live
with the surviving parent. That means that the surviving parent will
have control of the deceased parent's assets. Even a simple will can
solve this problem. Every time you have a major life change, it's a
good idea to have your will reviewed. If you don't have one at all,
you should get one to ensure that those you love are not left
wondering what your wishes were. Or worse, leaving your loved ones
knowing what your wishes were, but being unable to fulfill them.
Have you recently been named Executor or Administrator of an estate?
The passing of a loved one leaves everyone with a sense of loss and of their own vulnerability. At the same time, there is much that needs to be done to see that the loved one's wishes are followed. If you are an Executor or Administrator, do you know what steps you will have to take to administer the will? If there was no will, do you know what you must do to manage the estate? There are some very good government websites available that can help you, such as the Commissioner of Account's website for Henrico County. We can help you every step of the way - from speaking with the Clerk to finding estate valuators to ensuring that any outstanding bills are paid in the appropriate manner.
Have You been the Victim of ID Theft?
ID theft can strike anyone at anytime. Recently, a man who
had his identity stolen for 35 years received vindication when the
man that stole his identification was arrested. Unfortunately,
cleaning up the problems made can take a great deal of time and
effort. The Federal Trade Commission provides a website specifically
related to ID theft.
Learn how to recognize when you are at risk and how to protect
yourself so that you don't become a victim of this crime. If
you have already been the victim of an identity crime, come talk to
us about your legal rights.
Ideas?
Do you have anything of
interest that you would like to see us address on this site?
Please let us know by sending an email to georgeandrewslaw@comcast.net
and we will review your suggestion.
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