Virginia Criminal Law Case Outline: Sixth Amendment Cases

 The following is an outline of Sixth Amendment case law, with an emphasis on Virginia.  The outline is copied from the Sixth Amendment section of an outline maintained by Richard Collins, an attorney at Collins & Hyman, PLC.  Because Mr. Collins created the outline for his own reference, rather than for publication, the outline contains many abbreviations.  Questions regarding the abbreviations, or case cites, can …

Misrepresentations in Real Estate Sales in Virginia

Buying a home is an exciting time for purchasers.  But is can also be unnerving.  Buyers must be diligent and careful in making a purchase. Sometimes, a seller or realtor will make misrepresentations in real estate sales in Virginia to induce buyers to purchase.  These misrepresentations may be intentional or negligent.  Often, buyers do not discover the misrepresentation until after …

The Virginia Homestead Exemption and Judgment Lien Creditors

The Virginia Homestead Exemption allows debtors to protect certain property from the debt collection process. It allows the debtor to select any property, whether real or personal, to protect.  “Real property” means real estate.  Except in limited circumstances, creditors must obtain a judgment in order to garnish wages or bank accounts or levy and sell property.  Once they receive a …

Residential Leases in Virginia Bankruptcies

For debtors, deciding what to do with a residential lease is an important part of filing a bankruptcy. For landlords, receiving a notice that a tenant has filed bankruptcy can be unnerving and confusing.  Below is more information regarding residential leases in bankruptcies and steps landlords and tenants should consider. How Courts Treat Residential Leases in Virginia Bankruptcies In a …

Virginia Criminal Law Case Outline: Fifth Amendment Cases

The following is an outline of Fifth Amendment case law, with an emphasis on Virginia.  The outline is copied from the Fifth Amendment section of an outline maintained by Richard Collins, an attorney at Collins & Hyman, PLC.  Because Mr. Collins created the outline for his own reference, rather than for publication, the outline contains many abbreviations.  Questions regarding the abbreviations, or case cites, …

Virginia Criminal Law Case Outline: Fourth Amendment Cases

The following is an outline of Fourth Amendment case law, with an emphasis on Virginia.  The outline is copied from the Fourth Amendment section of an outline maintained by Richard Collins, an attorney at Collins & Hyman, PLC.  Because Mr. Collins created the outline for his own reference, rather than for publication, the outline contains many abbreviations.  Questions regarding the abbreviations, or …

Virginia Criminal Procedural Case Outline

The following is an outline of Virginia criminal procedure case law.  The procedural law is mainly state specific, and does not focus on constitutional law.  Constitutional procedure cases are located in separate outline.  The outline is copied from the Virginia criminal procedure section of an outline maintained by Richard Collins, an attorney at Collins & Hyman, PLC.  Because Mr. Collins created …

How to Win Default Judgment in Virginia General District Court

Virginia allows plaintiffs to obtain default judgment against a defendant that fails to appear in Virginia General District Court. However, there are numerous rules and steps a plaintiff must follow to obtain default judgment. One misstep can cause serious delay and, in some circumstances, dismissal altogether. The Williamsburg Newport News Civil Litigation Attorneys at Collins & Hyman can help ensure …

What Happens to the House in a Virginia Divorce?

For many couples, real estate is one of their most valuable, if not the most valuable, assets.  As a result, when a couple is going through a divorce, attention, and often anxiety, turns to the disposition of the real estate, especially the primary residence.  The value, potential encumbrances, and illiquidity of real estate complicate division of this asset, requiring careful …