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Neil Kuchinsky
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Neil Kuchinsky’s Answers

122 total


  • What is the deadline for an appeal in circuit court?

    My brother was told that he had ten days to file an appeal in the circuit court.

    Neil’s Answer

    If you want to appeal to a Virginia Circuit Court, the GENERAL rule is you have 10 DAYS after the final order is entered at the district court (if the 10th day falls on a weekend or legal holiday, you have till the following business day), and you must pay any bond within 30 DAYS of the final order in the lower court.
    IMPORTANT EXCEPTION WHICH TOO MANY LAWYERS DON'T KNOW: IF YOU ARE THE DEFENDANT IN AN UNLAWFUL DETAINER CASE AT THE GENERAL DISTRICT COURT AND YOU LOSE, YOU ONLY HAVE 10 DAYS TO BOTH NOTE YOUR APPEAL AND PAY THE BOND.

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  • How can a person get out of jail who was arrested on an invalid warrant?

    arrested for FTA in a civil matter but charged under the virginia statute for a person having committed an actual class 1 misdemeanor and failing to appear before the court in that case.

    Neil’s Answer

    Need more information - you're not e-mailing this from jail, right? I will attempt to call you.

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  • My public defender is unreachable, what can I do? Court appearance in 2 weeks.

    I left phone messages. I went to his office and left more messages. Sent emails and still no response.

    Neil’s Answer

    I have always found this an effective way to get a quick call back. I leave a message that says: "This is (first name only), and I am calling you regarding a matter of concern to the Virginia State Bar. Would you please call me back as soon as possible at (your phone number." It's not a lie, because attorneys who repeatedly fail to communicate with their clients ARE a concern of state bars.

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  • Childhood abuse is there anything i can do about it now?

    12 years ago my mom started a relatinship with my sisters prek teacher It only took a few years for this woman to start mentally abusing both myself and my little sister. Moms partner would use her status as a teacher to keep tabs on us while in ...

    Neil’s Answer

    It's not too late for your sister - the statute of limitations for her does not start running until she is 18 (she would have 2 years from that birthday to file suit in Virginia). It would seem to be too late for you to sue, although you could be a witness for her.

    Such cases of psychological trauma would generally require the testimony of a mental health professional to be successful. If there was no sexual abuse, and the woman was "only" mean, manipulative and controlling, you may have difficulty finding an attorney for this case.

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  • If an attorney helped me 10 years ago, can he represent someone against me now?

    I live in Virginia

    Neil’s Answer

    Yes, if his prior representation or discussion with you revealed nothing that could be used against you in the present case. For example, if ten years ago he represented you on a speeding ticket, there is no reason why he can't represent someone on a landlord-tenant case against you today. If you think there is related content in the subject matter of the two cases, you should call his office and have him reminded of that fact that he represented you in the past, and you would regard this representation as a conflict of interest. If that is the case, he will almost certainly withdraw from the new representation voluntarily.

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  • Can possession of marijuana and reckless driving a misdemeanor be expunged in va?

    charges are possession of marijuana and reckless driving in 2004

    Neil’s Answer

    Not if you were convicted.

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  • Can somebody get a marriage licence and get married if they have a warrent for there arrest ?

    warrents are for child support and failer to apper

    Neil’s Answer

    There's nothing illegal about doing that; the Clerk's office does not search for warrants when you seek a marriage license. If you get arrested and jailed before your wedding date, you will need the sheriff's permission for the ceremony to be conducted (doesn't invalidate the marriage if you don't, but it gets the sheriff really steamed if you don't ask, as I learned after I conducted what must have been the world's shortest wedding ceremony on the walk between my client's courthouse holding cell and the courtroom: "You wanna marry her? (Yes.) "You wanna marry him?" (Yes.) "You're married!" The very pregnant girlfriend was a witness on the client's behalf, and I thought it would look better to the jury if they could say they were married. (I have the special court order which confers on me the right to conduct marriages. Comes in handy).

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  • Am I responsible to pay for my mom's mortgage? She passed away in 2003. We do have joint CD's. Can the bank take the money?

    I have continued to pay the note since her passing.

    Neil’s Answer

    And if you had joint tenancy with right of survivorship on those CD's, I would get them cashed (see how much interest you might lose) and put the money in a different bank. While the bank should not be seizing this money to pay the mortgage, banks often do things they are not supposed to, because they know many folks won't take the time and expense to litigate with them.

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  • Can my ex husband who has full custody, take my son who is nine to Japan with him when he moves for two years?

    My ex is in the military he will be leaving in less than two months. he will be living in Japan for the next two years. my son lives with him during the week and with me during the weekends and when my ex Jason goes on lesser time consuming milita...

    Neil’s Answer

    You need to get an attorney RIGHT AWAY to seek a motion to amend custody and for an emergency order preventing him from taking the child until the matter is resolved. If the current custody/visitation order did not originate in Virginia, get a head start on obtaining 2 certified copies of it from the originating state so it can be registered by your attorney here in Virginia.

    The court will determine what is in the best interests of the child, so far as whether it's a good idea for the child to live in Japan for that period of time.

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  • A minor is accusing my friend of child pornography is it solid enough to make it into court?

    She doesn't have any solid evidence and is likely lying and lives in the UK where as my friend resides in the US.

    Neil’s Answer

    Need more information! I presume you are talking about a potential civil action for libel or slander. Where and how is she making those statements? Orally? On the Internet? By telephone? Only in the UK? Only while visiting the US? By communicating from the UK to the US, or vice-versa?

    Normally, any false accusation of this type to a third party within either nation would be actionable in that place, because it essentially is accusing a person of a particularly onerous crime. There are some very rare instances in which otherwise reasonable people might differ as to whether a particular picture is innocent, artful, or pornographic (that's why photography shops in major chain stores such as Sears won't take any butt-naked baby pictures anymore). Such slander or libel transmitted from one nation to another is also actionable.

    In the UK, the payment of attorneys fees can be an entirely different issue, with the loser being responsible for the winner's attorneys' fees in many cases.

    If she's not making these accusations to third parties, but only directly to your friend, then there is no cause of action in either place for slander or libel.

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