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John Weber III

John Weber’s Answers

171 total


  • I got a speeding ticket for doing 58 in a 40 mph zone

    I was pulled over by a cop supposedly doing 58 in a 40 mph zone however I wasn't pulled over until after I had been sitting at a left turn stop light for over two minutes. During the time I was waiting for the light to change, I checked my mirror...

    John’s Answer

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    The officer will have to testify about how he stopped you and whether he caught you using radar, pacing or some other method. Certainly you have the absolute right to ask the Commonwealth to prove the case against you. If they can't do it, you should win. A lawyer can probably help you with this case and would be worth the investment to help save possible demerit DMV points.

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  • I received a summons to submit my tax return for 2012 in connection with a modification request for child support.

    I received a summons to submit my tax return for 2012 because I submitted requests for modifications to custody and support. I don't mind doing that, but I thought the whole concept of submitting modification requests centered on changes in circu...

    John’s Answer

    The incomes of both parents are important to decide the issue of support and also determine if a parent possibly has taken a lower paying job on purpose to avoid paying as much support. Your current pay stubs are most relevant to help the court understand what you are making but past taxes also give a snapshot of what you were making so that the judge can figure out if things are still in line. Your ex's income will also be considered, especially if he is making substantially more money.

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  • My husband is from Nigeria and he has threatened that if he gets mad enough, he will take our son there and leave me. Can he?

    He isn't asking for divorce, he is just saying he will take him and I'll never see him again. I don't know what I would do if that happened or how I would be able to get him back. What are my legal options to prevent that?

    John’s Answer

    If you have concerns your husband would try and leave the country, you may want to request a custody order that gives you physical custody. Of course, if you are still living with your husband, you would not be entitled to make that request. A custody order is usually entered when the parents do not live together and have a child in common. Certainly any attempt to take the child out of the country would require a passport, visa and other information which would probably give you time to make an emergency request to the Court for custody if it came to that.

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  • Can a temporary order of support be appealed? The temporary order is in affect for 8 months until a court date set for May.

    I recently had a court date for which I was told by DCSE that I did not need an attorney because the DCSE attorney was looking out for my interests. However, it does not seem so. My daughter's father asked for a review of child support. He had a h...

    John’s Answer

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    Child support requests start in the Juvenile Court. They are temporary which means that the judge will look at them again at some future time period. The interim support that is ordered is what he is supposed to pay. If he voluntarily quit his job, the judge can impute income to him, essentially saying that he is working below what he should be so that he does not have as much income and pays less support. It sounds like he is asking for the level of support to be reviewed and he will ultimately have to explain why he is working and making less money. If he does not pay even what he is ordered to pay, he can be held in contempt.

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  • Not completing the terms of deferred adjudication.

    I was given 50 hours community service, probation, and ordered to maintain all C's in school for a minor in possession charge in VA. I did probation and CS, but did not maintain C's. My 1-year administrative review is today. According to the Code ...

    John’s Answer

    The Court may imposed any portion of the suspended sentence as a result of your non compliance. It would be a better option to probably ask the court for another opportunity to actually comply with the terms of probation if you want to. Usually an explanation and apology for why you did not do what you were supposed to do goes along way with most judges - if it is sincere.

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  • I need legal advice on how to answer a criminal background question on the NAIC application for my adjusters license.

    I was charged 15 years ago with criminal conversion/theft/receiving stolen property. I successfully completed a pre trial diversion in the state of IN, Marion county. All charges were dismissed and I petitioned the court pro se and received the ...

    John’s Answer

    Unless the charge was expunged, which means generally that the record and all evidence of the charge was erased in the data bank, you can probably expect that the status of the case will show up if the future employer does a background check. You should be able to provide a full explanation of what happened and that should be sufficient, especially since it is a charge that happened over 15 years ago.

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  • Lord and talor wants $734 fine. Do I pay this, will I be prosecuted?

    I was caught shoplifting an $68 item, admitted to taking additional past items for a value of $95, $14, $68. Signed paper totaling $734 in fines and fees. The theft prevention personel did not call police. They said an attorney letter will be sen...

    John’s Answer

    Depending on the jurisdiction, the store may elect not to file criminal charges if the entire value of the items stolen is received. You should understand that normally the payment of civil fines does not guarantee that you will not be prosecuted and the total amount of the items you admitted to shoplifting exceeded $200, the limit for charging you with felony larceny. There is probably a high probability that you will be prosecuted if you do not pay the fines but no assurance that you will not be prosecuted if you do pay the fines. A local attorney familiar with the practices in that venue should be able to give you good advice about what to do.

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  • Good day, How can i get my car off the 30 day hold early?

    My boyfriend got fined for DUI and suspended license early 2010. He started AA classes late 2011 and I was him driving back and forth. January 2012 I was preparing to move apartments and my boyfriend announced he is completely off suspension and h...

    John’s Answer

    When someone drives your car that you did not realize had a suspended license, you can go to the General District Court in the venue where your boyfriend was arrested and ask the Judge to release the car to you based on the fact that you are the owner and did not know his license was still suspended. The Judge may release your car but you will still have to pay some hefty impound fees. Make your boyfriend pay you back....

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  • Is there any way to get Juvenile court fines expunged?

    I'm 16 and have about 200-400 dollars in court fines. I'm trying to get my license so i can start putting my life together. I'm indigent, have no income yet, and havent had any source of income since ive got the fines.

    John’s Answer

    Some courts do allow you to do community service in lieu of paying court fines but each court is unique in what they will allow. The Clerk of the Court where you owe costs can usually tell you whether there are any alternatives that may be available that would allow you to "work off" the fines and costs. Your best bet would be to go meet with the Clerk and ask those questions in person or by phone.

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  • VA law-Is there a loophole to argue the judges ruling decision beyond court of appeals?

    I had a court appointed lawyer who's strategic choice was to hold DSS accountable for their lack of efforts. I have complied with all the departments requirements since I volunteered to seek help 2 years ago- I continue to be an integral part of ...

    John’s Answer

    After a Circuit Court decision, any appeal goes to the Court of Appeals of Virginia. If that Court does not do anything to change the outcome, then the Supreme Court of Virginia is the next level of appeal. There are time constraints on when you can appeal to the Supreme Court and it sounds like you do not have any remedy at that level At this point, you may want to look at the possibility of taking the matter back to juvenile court for a new ruling if the Circuit Court ordered that future matters were going to be heard in that Court. It is very important to look at the Order that was entered in order to see what the best steps would be to take. A lawyer familiar with appeals and family law would probably be helpful to assist you in this matter.

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