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  1. DISCLAIMER

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    February 27, 2012 by Tom Roberts, Esq.

    Thomas H. Roberts & Associates, P.C. provides the information in this website as a service to our clients and friends. …
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  2. Obstruction in Virginia — and What It Is NOT

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    October 7, 2026 by Tom Roberts, Esq.

    Civil Rights · Know Your Rights Obstruction in Virginia —and What It Is NOT “Obstruction of justice” is the charge …
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    Category Civil Rights, Fourth Amendment, Freedom of Speech and Press, General | Tags:

  3. What Civil Rights Cases We May Take

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    October 1, 2026 by Tom Roberts, Esq.

    Virginia’s Personal Injury & Civil Rights Law Firm  ·  Richmond, Virginia  ·  Since 1986 En Español Facebook Disclaimer Thomas H. …
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  4. Virginia’s Serious Injury Lawyer

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    September 24, 2026 by Tom Roberts, Esq.

    Virginia’s Personal Injury & Civil Rights Law Firm. Richmond, Virginia, since 1986. En Español Facebook Disclaimer Thomas H. Roberts & …
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  5. Drafting FOIA requests in Virginia using AI and the free protocol developed by VFOIA

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    September 23, 2026 by Tom Roberts, Esq.

    Listen: Hack Virginia’s bureaucracy with specialized AI Short on time? Hear how a tailored AI protocol can help you write …
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    Category General | Tags:

  6. When do I have to identify myself or show my ID in Virginia?

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    May 25, 2026 by Tom Roberts, Esq.

    Roberts Law Practice Areas Blog About Contact Virginia Criminal Defense · Know Your Rights When Do I Have to Identify …
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    Category Assault & Battery, Civil Rights, Due Process, Excessive Force, Fourth Amendment, Freedom of Speech and Press, General | Tags: , , , , ,

  7. Virginia Personal Injury Attorneys

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    August 25, 2025 by Tom Roberts, Esq.

    Virginia personal injury attorneys at Thomas H. Roberts & Associates, P.C.: what a personal injury case requires, what damages are available, and how to reach us.

    Category Assault & Battery, Assault & Battery, Defamation, False Imprisonment, General, Libel & Slander, Litigation, Negligence, Personal Injury Law, Sexual Assault, sexual harassment, Wrongful Death | Tags: , , , , , , , , , , , , , , , , ,

  8. Virginia Civil Rights Law Firm Thomas H. Roberts & Associates, PC obtains a $25.35 Million Judgment for Sexual Assault Victim

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    August 23, 2025 by Tom Roberts, Esq.

    Virginia Civil Rights & Personal Injury Law Firm Thomas H. Roberts & Associates, PC obtains a $25.35 Million Judgment for …
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    Category Assault & Battery, Assault & Battery, Civil Rights, Personal Injury Law, Sexual Assault | Tags: , , , , , , , , , , , , , ,

  9. Choosing a Personal Injury Law Firm in Virginia

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    August 16, 2025 by Tom Roberts, Esq.

    What to look for in a Virginia personal injury law firm, and what Thomas H. Roberts & Associates, P.C. brings to your case.

    Category Assault & Battery, Assault & Battery, Civil Rights, Due Process, Excessive Force, False Imprisonment, FOIA, Fourth Amendment, Freedom of Speech and Press, General, Libel & Slander, Litigation, Negligence, Personal Injury Law, Religious Freedom, Sexual Assault, Wrongful Death | Tags: , , , , , , , , , , , ,

  10. A summary of the law for wrongful death in Virginia caused by the negligence or wrongful act of another.

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    August 14, 2025 by Tom Roberts, Esq.

    Virginia’s Personal Injury & Civil Rights Law Firm. Richmond, Virginia, since 1986. En Español Facebook Disclaimer Thomas H. Roberts & …
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    Category Assault & Battery, General, Negligence, Personal Injury Law, Wrongful Death | Tags: , , , , , , , , , , , , , , , , , , , ,

  11. Summary of defamation, slander & libel in Virginia

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    August 13, 2025 by Tom Roberts, Esq.

    Logo for Thomas H. Roberts & Associates, PC

    Overview: Slander, defamation and libel are all treated the same in Virginia. Defamation is a false statement of fact published …
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    Category Libel & Slander, Negligence, Personal Injury Law | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , ,

  12. Virginia FOIA Law Firm

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    August 12, 2025 by Tom Roberts, Esq.

    Virginia FOIA · August 12, 2025 by Tom Roberts, Esq. Virginia FOIA Law Firm Virginia FOIA Lawyer – Andrew T. …
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    Category Civil Rights, FOIA, Litigation | Tags: , , , , , , , , , , ,

  13. Defense to Trespass in Virginia – bona fide claim of right plus evidence that your claim of right amounted to, at minimum, a facially valid authorization

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    July 7, 2025 by Tom Roberts, Esq.

    Virginia law requires that you have some evidence of authorization to support the bona fide claim of right defense for crimiinal trespass charge.

    Category Criminal Law, False Imprisonment, Fourth Amendment, General | Tags: , , , , , ,

  14. Settlement Agreements cannot require parties to conceal crimes or refuse to cooperate with government investigators

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    February 11, 2025 by Tom Roberts, Esq.

    In Virginia, confidentiality provisions in settlement agreements cannot lawfully prevent individuals from reporting criminal activity to law enforcement authorities.

    Category Civil Rights, Contract Law, General, Litigation | Tags: , , ,

  15. When is force unreasonable and excessive in executing a search warrant?

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    February 5, 2025 by Tom Roberts, Esq.

    Virginia Personal Injury & Civil Rights Law Firm

    The test does not use hindsight nor whether it was the “least possible destructive means to execute a search warrant.”  It is the “excessive or unnecessary destruction of property.”

    Category Civil Rights, Due Process, Fourth Amendment, General | Tags: , , , , ,

  16. Henry L Marsh, III Esq. – Memorial

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    January 27, 2025 by Tom Roberts, Esq.

    While Henry and I often disagreed about the means to achieve justice we shared the goal.

    Category Civil Rights, General | Tags: , , , , , , , , , , , ,

  17. CPS wrongfully took my child in Virginia. Can I sue CPS?

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    January 3, 2025 by Tom Roberts, Esq.

    CPS worker may be liable if he/she fails to follow the strict Virginia laws regarding removing a child or has no legitimate basis to believe the child should be removed in the first place.

    Category Civil Rights, Due Process, Fourth Amendment, General, Litigation | Tags: , , , , ,

  18. Employer prohibited from docking exempt employee’s pay for being tardy!

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    December 16, 2024 by Tom Roberts, Esq.

    Employer that reduces “exempt” employee’s pay for being late may be subject to paying overtime!

    Category Contract Law, Employment Law, General | Tags: , ,

  19. Title IX – School’s failure to respond to student-on-student harassment in schools can support a private suit for money damages in extreme cases

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    December 12, 2024 by Tom Roberts, Esq.

    In the context of student-on-student harassment, damages are available only where the behavior is so severe, pervasive, and objectively offensive that it denies its victims the equal access to education that Title IX is designed to protect.

    Category Assault & Battery, Assault & Battery, Civil Rights, General, Hostile Work Environment, Personal Injury Law, Sexual Assault, sexual harassment | Tags: , , ,

  20. Richmond lags behind other cities in antiquated restrictions on the number of unrelated persons living together

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    October 5, 2024 by Tom Roberts, Esq.

    Richmond’s restrictions on unrelated adults living together are antiquated and violates due process and equal protection: Addressing growing affordable housing …
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    Category Civil Rights, Commentary, Due Process, General, Litigation | Tags: , , , , ,

  21. Overview of Construction Litigation In Virginia

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    September 16, 2024 by Tom Roberts, Esq.

    An overview of construction litigation in Virginia: contracts, material breach, expert testimony, spoliation, discovery, and ADR.

    Category Contract Law, General, Litigation | Tags: , , , , , , , ,

  22. Fixtures belong to the owner of the real estate unless contract specifies otherwise

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    September 6, 2024 by Tom Roberts, Esq.

    Who owns fixtures attached to the real estate by the tenant? Absent a lease or contract provision to the contrary, …
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    Category General | Tags:

  23. Statute of Limitations for Virginia Civil Penalties

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    June 4, 2024 by Tom Roberts, Esq.

    Statutory Civil Penalties assessed in Virginia, barring any express statute otherwise, have a 1 year statute of limitations, under VA …
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    Category Civil Rights, Criminal Law, Due Process, General, Litigation | Tags: , ,

  24. NONCOMPETES AND TELEMEDICINE

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    February 22, 2024 by Tom Roberts, Esq.

    Oops – Most non-competition agreements did not anticipate the rise of telemedicine. Many noncompetition agreements simply do not address remote …
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    Category Contract Law, Employment Law, General, Litigation, Non-Competition | Tags: , , , , , , ,

  25. ADA & Private Schools

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    January 1, 2024 by Tom Roberts, Esq.

    Title III of the ADA applies to Private Schools! Private Schools – Public Accommodation by Definition The statutory definition in …
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    Category General | Tags:

  26. Unregistered Vehicle on Private Property In Virginia

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    November 22, 2023 by Tom Roberts, Esq.

    Can the City remove my inoperable vehicle from my yard? There is no reasonable expectation of privacy if exposed to …
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    Category General | Tags:

  27. Is the Virginia state stalking statute unconstitutional?

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    November 11, 2023 by Tom Roberts, Esq.

    Is the statute overly broad under the First Amendment, and facially unconstitutional? State stalking statutes unconstitutionally chill speech in violation …
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    Category Civil Rights, Criminal Law, First Amendment, Freedom of Speech and Press, General, Litigation | Tags: , , , , , , , , , , , , , , , , , , ,

  28. Can I sue police for not acting?

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    November 6, 2023 by Tom Roberts, Esq.

    Failure to Furnish Police Protection to Specific Individuals in Virginia Are Police Liable for Not Acting? Probably not.  Under the …
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    Category Civil Rights, Due Process, General, Personal Injury Law | Tags: , , , , , ,

  29. PRACTICE TIP – APPEALS FROM GENERAL DISTRICT COURT IN VIRGINIA

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    September 15, 2023 by Tom Roberts, Esq.

    No “piggyback appeal” from General District Court in Virginia. When ever there is a counterclaim or cross-claim asserted in General …
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    Category General, Litigation | Tags: , , , , , , ,

  30. Editorial Opinion and Virginia Law regarding Virginia Candidate Susanna Gibson’s Sex Tapes

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    September 13, 2023 by Tom Roberts, Esq.

    Presidential Bid Next?  The bar is already so low, why not? (As long as the election is determined by metropolitan …
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    Category General | Tags: , , , , , , , , , , , , , , , , , , , , , , ,

  31. I just want to consult a Virginia lawyer!

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    August 24, 2023 by Tom Roberts, Esq.

    Telephone & Zoom Consultations Zoom Legal Consultation with a Virginia Lawyer Sometimes you just need to speak to a Virginia …
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    Category Assault & Battery, Assault & Battery, Civil Rights, Contract Law, Criminal Law, Defamation, Due Process, Employment Law, Excessive Force, False Imprisonment, First Amendment, FOIA, Fourth Amendment, Freedom of Speech and Press, General, Hostile Work Environment, Libel & Slander, Litigation, Negligence, Personal Injury Law, Religious Freedom, Sexual Assault, sexual harassment, Wrongful Death | Tags: , , , , , , , , , , , ,

  32. In Virginia, Prison officials violate the Eighth Amendment’s cruel-and-unusual-punishment clause when they are deliberately indifferent to a substantial risk to an inmate’s safety or medical needs.

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    August 6, 2023 by Tom Roberts, Esq.

    8th Amendment Eighth Amendment Violations  Eighth Amendment to the United States Constitution states “Excessive bail shall not be required, nor …
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    Category Assault & Battery, Assault & Battery, Civil Rights, Excessive Force, General, Litigation, Wrongful Death | Tags: , , , , , , , , ,

  33. Expert on Due Process – Andrew T. Bodoh, Esq. Quoted by Virginia Supreme Court

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    June 21, 2023 by Tom Roberts, Esq.

    Virginia Supreme Court cites expert Andrew T. Bodoh, Esq. with the law firm of Thomas H Roberts & Associates, PC …
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    Category General | Tags: , , , , , ,

  34. What is the difference between medical malpractice and battery in Virginia?

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    May 31, 2023 by Tom Roberts, Esq.

    If the physician intentionally performs an additional procedure beyond the consent given by the patient is he liable for battery …
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    Category Assault & Battery, Assault & Battery, General, Negligence, Personal Injury Law | Tags: , , , , , ,

  35. Solitary Confinement in Virginia

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    April 18, 2023 by Tom Roberts, Esq.

    Virginia Solitary Confinement – When does it become “cruel and unusual”? Is the Cumulative Effect Extreme? Does the segregation or …
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    Category General | Tags: , ,

  36. Sue Police In Virginia

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    January 27, 2023 by Tom Roberts, Esq.

    So you want to sue the police in Virginia? Virginia Law Firm Sues Police Law Firm with Experience suing Police …
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  37. Contractor Took My Deposit – Contractor Fraud In Virgnia

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    January 23, 2023 by Tom Roberts, Esq.

    My contractor took my deposit and disappeared! Call the law firm – Thomas H Roberts & Associates, PC 804-783-2000 Virginia …
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    Category Contract Law, General, Litigation | Tags: , , , , , , , , , , , , , , , , , , ,

  38. Sexual Harassment Law Firm

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    January 21, 2023 by Tom Roberts, Esq.

    Have you suffered severe or pervasive sexual harassment at work? Call 804-783-2002 Have you been subjected to unwelcome conduct of …
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  39. Civil – Assault Battery

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    January 16, 2023 by Tom Roberts, Esq.

    A summary of Virginia civil law of assault and battery. What is an “Assault & Battery”? The term “assault and …
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  40. Did Trump really call for the termination of the provisions of the Constitution?

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    December 5, 2022 by Tom Roberts, Esq.

    Reject Trump’s call for termination of the provisions of the Constitution

    Category General | Tags: , , , , , , , , ,

  41. Can I sue somebody for putting an electronic tracker on my car?

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    October 26, 2022 by Tom Roberts, Esq.

    Answer: Yes, but you are not likely to get the damages you hoped to get. It is illegal in Virginia …
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    Category Fourth Amendment, General | Tags: , , , , , , ,

  42. Trespass and the 4th Amendment, Objective and Subjective Factors

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    September 27, 2022 by Tom Roberts, Esq.

    Question – If I tell the police officer without a search warrant to get off my front porch and to …
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    Category General | Tags: , , , ,

  43. BEYOND A REASONABLE DOUBT IN VIRGINIA

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    July 25, 2022 by Tom Roberts, Esq.

    Beyond a Reasonable Doubt in Virginia — What It Really Means | Thomas H. Roberts & Associates, PC Virginia Criminal …
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    Category Criminal Law | Tags: , , , , ,

  44. “Legal Mail” in prisons & jails

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    April 8, 2022 by Tom Roberts, Esq.

    6th Amendment – right to counsel The opening of legal mail out of a prisoner’s presence may cause some prejudice …
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    Category General | Tags: , , , , , , ,

  45. Hidden or Lost Will

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    April 6, 2022 by Tom Roberts, Esq.

    When you know you were named in a Will but the family has hidden the Last Will & Testament and …
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    Category General | Tags: , , , , , , , , , , ,

  46. Parental Rights – Termination of parental right and adoption and Va Code § 63.2-1215 factors

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    March 15, 2022 by Tom Roberts, Esq.

    3-15-2022 – Reversal of Termination of Parental Rights. On March 15, 2022, the Virginia Court of Appeals reversed the Prince …
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    Category General | Tags: , , , , , , , , , , , , , , , , ,

  47. Tortious Interference with Doctor-Patient Relationship

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    November 18, 2021 by Tom Roberts, Esq.

    Physician-Patient Relationship Doctor-Patient Relationship The practice of medicine, and its embodiment in the clinical encounter between a patient and a …
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    Category General | Tags: , , ,

  48. COVID-19 Legal Cases to Watch

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    November 11, 2021 by Tom Roberts, Esq.

    COVID Fatigue – this page is not being updated.  See e.g., https://www.israelnationalnews.com/news/328102 BST Holdings v. OSHA 5th Circuit Stay Petition …
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    Category General | Tags:

  49. Wrongful Death Claim Against Alec Baldwin, et al.? Probably Not – He Will Be Shielded By Worker’s Compensation’s Exclusive Remedy

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    October 30, 2021 by Tom Roberts, Esq.

    1st Question – Worker’s Compensation Alec Baldwin is probably protected from civil liability due to New Mexico’s worker’s compensation laws. …
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    Category General | Tags: , , , , , , ,

  50. Malicious Prosecution and False Arrest in Virginia

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    October 29, 2021 by Tom Roberts, Esq.

    What should you do if you find yourself maliciously charged or falsely arrested in Virginia? It’s crucial to remain calm and exercise your rights. Document everything, seek legal counsel, and remember that your actions during the encounter can impact your case. Understanding the elements of malicious prosecution and false arrest is vital. Not every case holds significant value, and the reputation you’ve built can influence your claim. If you’ve been wronged, don’t hesitate to call an expert. Your rights matter, and the right legal help can make all the difference. Explore your options and protect yourself!

    Category General | Tags: , , ,

  51. Unlawful termination for refusing to disclose COVID-19 “vaccine” status in Virginia

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    August 8, 2021 by Tom Roberts, Esq.

    Can a Virginia employer lawfully terminate me for refusing to disclose whether I have been “vaccinated” for COVID-19? Answer: No, …
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    Category General | Tags: , , , , , , , , , , , , ,

  52. Exposure to supervisor’s sexual misconduct with others does NOT create Title VII liability

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    May 27, 2021 by Tom Roberts, Esq.

    Can I sue my employer for a hostile work environment when I witness the boss having sex with a co-worker …
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    Category General, Hostile Work Environment, sexual harassment | Tags: , , , , , , ,

  53. Can I file a civil rights claim after my conviction was reversed for an illegal search or 4th amendment violation?

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    January 11, 2021 by Tom Roberts, Esq.

    So your conviction was overturned because the evidenced was suppressed under the exclusionary rule due to a violation of the …
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    Category General | Tags: ,

  54. Wrongful death suit arising from breach of contract

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    September 29, 2020 by Tom Roberts, Esq.

    Can I Bring a Wrongful Death Claim for a Breach of Contract in Virginia? What is a Wrongful Death Claim? …
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    Category Contract Law, General, Personal Injury Law, Wrongful Death | Tags: , , , ,

  55. Do I have a right to refuse to be vaccinated? A look at mRNA vaccine issues.

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    September 26, 2020 by Tom Roberts, Esq.

    COVID Fatigue – this page is not being updated.  See e.g., https://www.israelnationalnews.com/news/328102 People have lost the ability to think when …
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    Category General | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

  56. Family Fights Over Inherited Real Estate – Rights, Rents, Costs, Attorneys Fees and Partition Suits

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    August 21, 2020 by Tom Roberts, Esq.

    Family Fights Over Inherited Real Estate – Rights, Rents, Costs, Attorneys Fees and Partition Suits Family Fights Related to Property …
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    Category General, Wills & Trusts | Tags: , , , , ,

  57. Does the statute of limitations toll because I didn’t know that I could file a lawsuit or because I didn’t know the name of the defendant?

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    August 1, 2020 by Tom Roberts, Esq.

    NO! BUT MAYBE – when it comes to Misnomer v Misjoinder? No, unless the defendant has actually obstructed you from …
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    Category General, Litigation, Personal Injury Law | Tags: , , , ,

  58. THIS HAS TO STOP! – police brutality – Class Action filed against Richmond Police officers.

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    June 16, 2020 by Tom Roberts, Esq.

    Civil Rights Law Firm of Thomas H Roberts & Associates PC Protecting 1st Amendment Rights Under United States Constitution! Summary: …
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    Category Assault & Battery, Civil Rights, Commentary, Excessive Force, First Amendment, Fourth Amendment, Freedom of Speech and Press, General, Litigation | Tags: , , , , , , , , , , , , ,

  59. TORTIOUS INTERFERENCE WITH PARENTAL RIGHTS

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    May 14, 2020 by Tom Roberts, Esq.

    TORTIOUS INTERFERENCE WITH PARENTAL RIGHTS Another litigation and appellate victory for the Law Firm!   On May 14, 2020, the Virginia …
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    Category Civil Rights, Due Process, Litigation | Tags: , , , , , , , , , , , , , , ,

  60. Can I sue person who gave me herpes, chlamydia, HIV or other STD in Virginia?

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    April 5, 2020 by Tom Roberts, Esq.

    A: Yes–You may sue the person who failed to disclose known STDs to you when engaging in sexual relations for …
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    Category General | Tags:

  61. Summary of Virginia Whistleblower laws

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    March 24, 2020 by Tom Roberts, Esq.

    Does Virginia have “Whistle-Blower” protection? Yes. An employee of Virginia state or local governments have protection against retaliation or discipline …
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    Category Civil Rights, Employment Law, FOIA, Freedom of Speech and Press | Tags: , , ,

  62. Taxing Settlements and Judgments – Are Attorneys’ fees paid included in income to litigant?

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    February 25, 2020 by Tom Roberts, Esq.

    Are attorneys’ fees paid from a settlement included in the gross income to the plaintiff – are they “above-the-line deduction”, …
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    Category Civil Rights | Tags: , ,

  63. 2-5-2020 – Law Enforcement Officer Cannot Lawfully Retaliate For First Amendment Speech By Attempting to Induce Another Officer To Issue a Traffic Citation

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    February 6, 2020 by Tom Roberts, Esq.

    2-5-2020 – The law firm of Thomas H. Roberts & Associates, PC. achieved another victory for the First Amendment with …
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    Category Civil Rights, First Amendment, Freedom of Speech and Press, General | Tags: , , , , , , , , , , , , , , ,

  64. Intestate Succession in Virginia

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    January 12, 2020 by Tom Roberts, Esq.

    What happens to real property in Virginia when the owner dies without a will or descendants? When a person dies …
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    Category General | Tags: , , , , , , ,

  65. Defamation Republication on the Internet

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    December 31, 2019 by Tom Roberts, Esq.

    Q: When is a statement “republished” on the internet or in social media, so as to constitute a new cause …
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    Category Defamation, First Amendment, General, Libel & Slander, Litigation | Tags: , , , , , ,

  66. Is “floating the title” or “title jumping” legal?

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    March 23, 2017 by Tom Roberts, Esq.

    Q:  Is it lawful to buy a car from one person, obtain the title without filling in the name of …
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    Category Contract Law, Criminal Law | Tags: , , , , , , ,

  67. Can I sue for injury or death of my pet dog or cat and can I recover emotional damages?

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    February 2, 2017 by Tom Roberts, Esq.

    Question: Somebody injured or killed by dog or cat, what are the damages a court will award? Short Answer: The …
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    Category General, Litigation, Negligence | Tags: , , ,

  68. 1st Amendment – ANOTHER BLISTERING CRITICISM OF PETERSBURG GOVERNMENT BY THE COURTS TODAY WITH AN OPINION BY THE 4TH CIRCUIT STRIKING DOWN PETERSBURG POLICE DEPARTMENT BAN ON SOCIAL MEDIA CRITICISM OF THE DEPARTMENT

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    December 15, 2016 by Tom Roberts, Esq.

    12-15-2016– THE US COURT OF APPEALS FOR THE 4th CIRCUIT REMOVES WHAT IT DESCRIBED AS A “VIRTUAL BLANKET PROHIBITION ON ALL …
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    Category Civil Rights, Employment Law, First Amendment, Freedom of Speech and Press, Litigation | Tags: , , , , , , , ,

  69. A SUMMARY OF POWER OF ATTORNEY LAW AND DUTIES IN VIRGINIA

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    October 21, 2016 by Tom Roberts, Esq.

    A SUMMARY OF POWER OF ATTORNEY LAW AND DUTIES IN VIRGINIA   What duties does an “attorney-in-fact” have acting under …
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    Category General, Litigation, Wills & Trusts | Tags:

  70. Summary of the Collateral Source Rule in Virginia – Injured party recovers all damages even if paid by a separate 3rd party insurance contract

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    October 6, 2016 by Tom Roberts, Esq.

    Summary of the Collateral Source Rule in Virginia – Injured party recovers all damages even if paid by a separate …
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    Category Contract Law, General, Litigation, Negligence, Personal Injury Law | Tags: , , , , , , , , ,

  71. My down payment was stolen in a email/internet/wire scam before the closing – what can I do?

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    October 4, 2016 by Tom Roberts, Esq.

    Q:   My down payment was stolen in a mail/internet/wire scam before the closing – what can I do? Immediately …
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    Category Contract Law, General, Litigation | Tags: , , , , , , , , ,

  72. Absence for medical treatment may constitute a reasonable accommodation under the ADA

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    June 23, 2016 by Tom Roberts, Esq.

    Question: Is unpaid time off from work for medical appointments and treatment a reasonable accommodation under the ADA?   Answer: …
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    Category ADA - Americans with Disabilities, Employment Law | Tags: , , , , , , , , , , ,

  73. Should the insurance company pay for the depreciation, decreased or diminished value of my car due to the accident?

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    April 6, 2016 by Tom Roberts, Esq.

    Question: Should the insurance company pay for the depreciation, decreased or diminished value of my car due to the accident? …
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    Category General, Litigation, Negligence, Personal Injury Law | Tags: , , ,

  74. litigation

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    March 30, 2016 by Tom Roberts, Esq.

    Litigation · Thomas H. Roberts & Associates, P.C. · Since 1986 Virginia litigation, from the courthouse to the Supreme Court. …
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  75. Rights mean nothing unless those we do not like are afforded those rights.

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    January 29, 2016 by Tom Roberts, Esq.

    Thomas H. Roberts & Associates, PC represents people that many in society don’t like and would prefer had no rights. …
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    Category Assault & Battery, Civil Rights, Commentary, Due Process, Excessive Force, Fourth Amendment, Freedom of Speech and Press, Religious Freedom | Tags: , , , , , , , , , ,

  76. How do I subpoena out-of-state documents from a nonresident non-party?

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    January 23, 2016 by Tom Roberts, Esq.

    Question: How do I subpoena out-of-state documents from a nonresident non-party? Answer: Through the Uniform Interstate Deposition and Discovery Act. Code …
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    Category Litigation | Tags: , , , , ,

  77. Virginia Construction Law Firm Explains Construction Fraud

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    January 23, 2016 by Tom Roberts, Esq.

    What is the difference between construction fraud and breach of contract under Va. Code 18.2-200.1? Fraud to obtain an advance. …
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    Category Contract Law, Criminal Law | Tags: , , , , , ,

  78. Liability of websites for defamation

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    October 21, 2015 by Tom Roberts, Esq.

    QUESTION: Can you obtain a judgment or an injunction against an interactive computer service obtaining damages or enjoining it to …
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    Category Defamation, First Amendment, General, Libel & Slander, Litigation | Tags: , , , , , , , , , , , ,

  79. Rights of parents to religious training of their children in intra-parental custody-visitation disputes.

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    April 20, 2015 by Tom Roberts, Esq.

    How should courts deal with religious differences of parents and its impact upon the upbringing of children in the context …
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    Category Civil Rights, Commentary, Due Process, Religious Freedom | Tags: , , , , ,

  80. Tutorial on Attorneys’ Fees in Civil Rights Cases

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    February 16, 2015 by Tom Roberts, Esq.

    Tutorial on Attorneys’ Fees in Civil Rights Cases Attorneys’ Fees are to be awarded to plaintiff if he obtains an …
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    Category Civil Rights | Tags:

  81. Do I have to pay back my insurance company for medical expenses from my settlement or recovery for personal injuries in Virginia?

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    January 5, 2015 by Tom Roberts, Esq.

    Do I have to pay back my insurance company for the medical expenses from my settlement or recovery for personal …
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    Category Contract Law, Personal Injury Law | Tags: , ,

  82. Discovery Deposition Testimony may not be used as a basis for summary judgment or a motion to strike in Virginia (except for some punitive claims).

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    December 16, 2014 by Tom Roberts, Esq.

    Question: Can a litigant in Virginia state courts use discovery deposition testimony as a basis for summary judgment or a …
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    Category Defamation, General, Litigation, Personal Injury Law | Tags: , , , , , , , ,

  83. Freaky Friday Halloween Decision – Drink and operate your car radio on your property may result in DUI conviction

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    November 3, 2014 by Tom Roberts, Esq.

    Seriously? – Listening to the radio in your car in a private driveway while drinking is illegal in Virginia??? (While …
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    Category Criminal Law, General | Tags: , , , , ,

  84. First Amendment protects the free-exercise rights of owners of businesses.

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    September 27, 2014 by Tom Roberts, Esq.

    OWNERS OF CLOSELY HELD BUSINESSES DO NOT GIVE UP THEIR RIGHTS TO CONDUCT THEIR BUSINESSES IN ACCORDANCE WITH THEIR RELIGIOUS BELIEFS …
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    Category Civil Rights, Commentary, Freedom of Speech and Press, Religious Freedom | Tags:

  85. Litigation in Insurance Policy Coverage – Ambiguity in Contract Construed Against Insurance Company

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    April 7, 2014 by Tom Roberts, Esq.

    Ambiguity in the contract: Insurance company must pay defense costs of an $85 Million defamation action for Virginia non-profit Attorney …
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  86. Personal Injury

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    February 22, 2014 by Tom Roberts, Esq.

    Virginia personal injury & wrongful death · Since 1986 Serious injuries deserve serious representation. Thomas H. Roberts & Associates, P.C. …
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  87. Can the Police Detain a Witness Who They do not of Suspect Wrongdoing?

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    February 11, 2014 by Tom Roberts, Esq.

    Question: Can the Police Detain a Witness Who They do not of Suspect Wrongdoing? Answer: Yes – but only under …
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    Category Civil Rights, Due Process, False Imprisonment, Fourth Amendment | Tags: , , , , , ,

  88. Can I sue my employer for sexual harassment by non-employees?

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    January 23, 2014 by Tom Roberts, Esq.

    Q. Can I sue my employer for sexual harassment by non-employees? A. Yes – if the employer knew and negligently …
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    Category Civil Rights, Employment Law, sexual harassment | Tags: , , , , , , , , , , , , , , ,

  89. Civil Suit for Damages from Sexual Molestation and Abuse in Virginia

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    January 13, 2014 by Tom Roberts, Esq.

    Victims of sexual abuse are among the most vulnerable.  They need aggressive counsel who will fight for them.  Thomas H. …
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    Category Assault & Battery, Civil Rights | Tags: , , , , , , ,

  90. A summary of the law related to Searching Minors

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    January 13, 2014 by Tom Roberts, Esq.

    En Español Searches of Minors Summary: Minors are protected by the Fourth Amendment, but have fewer rights (less expectation of …
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    Category Civil Rights, Fourth Amendment | Tags: , , , , , , , , , ,

  91. Overview of Special Grand Jury In Virginia

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    December 11, 2013 by Tom Roberts, Esq.

    SPECIAL GRAND JURIES IN VIRGINIA Special grand juries have substantial power to conduct an investigation and limited power to return …
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    Category Civil Rights, Criminal Law | Tags: , , , , , , , ,

  92. Can I be convicted for republishing information related to matters of public concern where the information was illegally obtained by a stranger?

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    October 6, 2013 by Tom Roberts, Esq.

    Q.  Can I be properly convicted for republishing information related to matters of public concern where the information was illegally …
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    Category Civil Rights, Criminal Law, Freedom of Speech and Press | Tags:

  93. $25 Million lawsuit against officials of the Prince William Manassas Regional Adult Detention Center reinstated by unanimous decision of the Virginia Supreme Court

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    October 4, 2013 by Tom Roberts, Esq.

    CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.  CASE RESULTS DO NOT GUARANTEE OR PREDICT A …
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  94. Things to consider when choosing appellate counsel in Virginia

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    September 16, 2013 by Tom Roberts, Esq.

    Choosing appellate counsel How do you choose the right law firm for your appeal in Virginia? Seven things to consider …
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  95. Virginia Appeals Law Firm

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    September 16, 2013 by Tom Roberts, Esq.

    Virginia appeals lawyers Winning an appeal takes a different set of skills than winning a trial. Our attorneys have argued …
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  96. Can I sue the judge?

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    September 8, 2013 by Tom Roberts, Esq.

    Q. Can I sue the judge for damages?  A. No. The judge is absolutely immune from a claim for damages …
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    Category Civil Rights, General | Tags: , , , ,

  97. Can an employer be held liable for negligent training in Virginia?

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    July 16, 2013 by Tom Roberts, Esq.

    Q.        Can an employer be held liable to a third person for negligent training of its employee in Virginia?  A.        …
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    Category Negligence, Personal Injury Law | Tags: , , , ,

  98. Can I keep my handgun or firearm in the secured but unlocked glove box or console of my car in Virginia?

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    July 15, 2013 by Tom Roberts, Esq.

    Q. Is it legal to have a handgun or other firearm in the unlocked but secured glove box or console …
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    Category Civil Rights, Criminal Law, False Imprisonment, Fourth Amendment | Tags:

  99. I’ve been sued for defamation–how do I defend a defamation claim?

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    July 11, 2013 by Tom Roberts, Esq.

    You’ve been accused of defamation in Virginia.  What’s next? A general summary of defamation and the steps that should be …
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    Category General, Libel & Slander | Tags: , , , , , , , , , , , , , , , , , , , , , , , , ,

  100. Challenging Local Criminal Ordinances In Virginia

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    July 8, 2013 by Tom Roberts, Esq.

    Challenging Local Criminal Ordinances in Virginia Attacking the Validity of a Local Ordinance – A Good Defense! The best defense …
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    Category Civil Rights, Criminal Law, Due Process, Freedom of Speech and Press, Religious Freedom | Tags: , , , , ,

  101. Liability for suicide at jail or prison – only for deliberate indifference

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    June 28, 2013 by Tom Roberts, Esq.

    Q.  Can I sue the jail or prison for the suicide death of a pretrial detainee or inmate? A.  You …
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    Category Civil Rights | Tags: , , , , ,

  102. Can I sue a police officer for Brady violations – for concealment, doctoring, or destruction of evidence?

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    May 31, 2013 by Tom Roberts, Esq.

    Can I sue a police officer for Brady violations? § 1983 action against police officer for Brady violations–concealment, doctoring, or …
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    Category Civil Rights, Due Process | Tags: , , , , , , , , , ,

  103. HOW TO WIN YOUR CRIMINAL APPEAL IN VIRGINIA

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    May 13, 2013 by Tom Roberts, Esq.

    Virginia criminal appeals How to Win Your Criminal Appeal in Virginia State Courts If you have been convicted of a …
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  104. Appeals In Virginia

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    May 12, 2013 by Tom Roberts, Esq.

    Virginia appeals Experience in Virginia Appeals Representation or assistance with Virginia appeals. Virginia appeals require experienced Virginia appeal attorneys for …
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  105. Summary of Fourth Amendment Law

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    January 7, 2013 by Tom Roberts, Esq.

    Civil Rights Library · Fourth Amendment Your Rights Against Unreasonable Searches and Seizures A practical overview of search and seizure, …
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  106. 12-17-2012 – Virginia granted writ for appeal in civil rights case

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    December 18, 2012 by Tom Roberts, Esq.

    Summary – The law firm has argued that the state is not free to unilaterally modify its contracts or breach …
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  107. “Blue-Pencil” Clauses in Virginia

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    December 17, 2012 by Tom Roberts, Esq.

    Virginia Courts will not re-write or strike out, or “blue-pencil” restrictive covenants. Traditionally, an editor would use a blue pencil …
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    Category Contract Law | Tags: ,

  108. Summary of the law of non-competition in Virginia

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    December 17, 2012 by Tom Roberts, Esq.

    Non-competition Agreements in Virginia An employee’s duty to his employer not to compete arises out of his relationship to his …
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    Category Contract Law, Employment Law, General, Non-Competition | Tags: , , , , , , , , , , , , ,

  109. What is Intentional Infliction of Emotional Distress in Virginia?

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    December 7, 2012 by Tom Roberts, Esq.

    This is a summary of intentional infliction of emotional distress, a tort in Virginia.  The law in Virginia is not …
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    Category Personal Injury Law | Tags: , , , , ,

  110. Can I sue the prosecutor or the Commonwealth Attorney?

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    August 27, 2012 by Tom Roberts, Esq.

    Question: Can I sue the prosecutor or Commonwealth Attorney for malicious prosecution? Answer: Probably Not.  Explanation:  In Andrews v. Ring, …
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    Category Civil Rights, Criminal Law | Tags: , ,

  111. What is a hostile work environment? Are my complaints protected?

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    August 14, 2012 by Tom Roberts, Esq.

    Issue # 1: – What constitutes an unlawful hostile work environment under Title VII? Title VII is violated only when …
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    Category Civil Rights, Employment Law, Hostile Work Environment, Retaliation | Tags: , , ,

  112. Defamation – Alexandria Federal Jury Confirms Facebook Is Not a Safe Haven for Libel and Defamation

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    July 26, 2012 by Tom Roberts, Esq.

    July 25, 2012 – On the third day of trial in the Alexandria Federal Court, the jury returned a verdict …
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  113. Summary of Virginia’s Freedom of Information Act (“FOIA”)

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    April 2, 2012 by Tom Roberts, Esq.

    Virginia FOIA · April 2, 2012 by Tom Roberts, Esq. Summary of Virginia’s Freedom of Information Act (“FOIA”) What is …
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    Category Civil Rights, General | Tags: , , ,

  114. Summary of unemployment law in Virginia: I was fired, am I entitled to Unemployment Benefits in Virginia?

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    March 13, 2012 by Tom Roberts, Esq.

    Summary of unemployment law in Virginia: I was fired, am I entitled to Unemployment Benefits in Virginia? Unemployment Benefits are …
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    Category Employment Law, General | Tags: , ,

  115. Summary of Personal Injury Law

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    March 4, 2012 by Tom Roberts, Esq.

    Virginia’s Personal Injury & Civil Rights Law Firm. Richmond, Virginia, since 1986. En Español Facebook Disclaimer Thomas H. Roberts & …
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  116. Injured – You need Help

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    March 3, 2012 by Tom Roberts, Esq.

    Thomas H. Roberts & Associates, PC Providing Quality Representation in personal injury and litigation. If you have been injured in …
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  117. Should I have my criminal or civil case tried by a judge or a jury?

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    February 26, 2012 by Tom Roberts, Esq.

    There are many factors that may impact your decision to have your case tried by a judge or jury.  Some …
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    Category Criminal Law, General | Tags: ,

  118. “Exculpatory Evidence” – Does the prosecutor have a duty to disclose information which is favorable to the accused tending to negate this guilt or show that he is innocent?

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    February 26, 2012 by Tom Roberts, Esq.

    With respect to evidence and witnesses, the prosecutor has responsibilities different from those of a lawyer in private practice: the …
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    Category Criminal Law | Tags: ,

  119. Can I be tried twice for the same or similar charge?

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    February 26, 2012 by Tom Roberts, Esq.

    Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same (or similar) charges …
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    Category Criminal Law | Tags:

  120. Do I have a right to a trial by jury?

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    February 26, 2012 by Tom Roberts, Esq.

    Generally speaking, criminal defendants may demand a jury for all serious crimes and have their case tried by a jury …
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    Category Criminal Law, General | Tags: ,

  121. What right do I have to confront my accuser?

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    February 26, 2012 by Tom Roberts, Esq.

    In a criminal case, a defendant cannot be deprived of the opportunity to put his evidence and version of the …
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    Category Criminal Law | Tags: ,

  122. What are the penalties for misdemeanor convictions?

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    February 26, 2012 by Tom Roberts, Esq.

    § 18.2-11. Punishment for conviction of misdemeanor. The authorized punishments for conviction of a misdemeanor are: (a) For Class 1 …
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    Category Criminal Law | Tags:

  123. What are the penalties for felony convictions?

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    February 26, 2012 by Tom Roberts, Esq.

    § 18.2-10. Punishment for conviction of felony; penalty. The authorized punishments for conviction of a felony are: (a) For Class …
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    Category Criminal Law | Tags:

  124. What are my rights to a speedy trial in Virginia?

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    February 25, 2012 by Tom Roberts, Esq.

    Code § 19.2-243, the speedy trial statute, provides that if a defendant accused of a felony is continuously held in …
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    Category Civil Rights, Criminal Law | Tags:

  125. Virginia’s Personal Injury & Civil Rights Law Firm

    Comments Off on Virginia’s Personal Injury & Civil Rights Law Firm

    February 23, 2012 by Tom Roberts, Esq.

    Thomas H. Roberts & Associates, PC | Virginia Personal Injury & Civil Rights Law Firm Virginia’s Personal Injury & Civil …
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  126. Law Library

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    February 22, 2012 by Tom Roberts, Esq.

    Virginia’s Personal Injury & Civil Rights Law Firm. Richmond, Virginia, since 1986. En Español Facebook Disclaimer Thomas H. Roberts & …
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  127. Articles

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    February 22, 2012 by Tom Roberts, Esq.

    Articles & insights Virginia law, explained by the lawyers who litigate it. Commentary, case results, and practical guides on civil …
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  128. Arrested?

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    February 22, 2012 by Tom Roberts, Esq.

      1.  Keep Silent – Say Nothing! The warnings (which have come to be known colloquially as “Miranda rights”) are: as …
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  129. Injured?

    Comments Off on Injured?

    February 22, 2012 by Tom Roberts, Esq.

    Thomas H. Roberts & Associates, PC Providing Quality Representation in personal injury and litigation. If you have been injured in …
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  130. Practice Areas

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    February 22, 2012 by Tom Roberts, Esq.

    Practice Areas | Serious Injury, Wrongful Death & Civil Rights Lawyers | Thomas H. Roberts & Associates, PC Richmond, Virginia …
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