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Frequently Asked Questions

Informing you of your rights and options

Below, you will find some answers to frequently asked questions about consumer bankruptcy, criminal charges and personal injury in Virginia.  These answers are for general information purposes only, and are not meant to be a substitute for legal advice. Only an attorney can provide you with legal advice specific to your case. Please call or email us to schedule an appointment.  We hope that you find the following guidelines useful as you begin your search for an attorney.

Consumer bankruptcy

Criminal defense

Personal injury

Consumer bankruptcy

Should I file for Chapter 7 or Chapter 13?
Making the decision to file for Chapter 7 or Chapter 13 bankruptcy can depend on several factors.  Your eligibility for Chapter 13 debt consolidation depends primarily on your present ability to stick to a payment plan.  Your current income and your prospective future earnings and expenses can affect your ability to keep your home, your jewelry and your assets, so long as you stick to the repayment plan.  Chapter 7 liquidation bankruptcy allows you to get rid of all of your debts with a few exceptions, which include federal student loans, child support and alimony.  In exchange, you might have to allow your creditors to foreclose on your home and seize some of your personal assets in order to recoup their losses. 

If I filed bankruptcy before, when can I file again?
The answer to this question depends on the type of bankruptcy you filed for in the past and what type you wish to file for now.  If you want to file a Chapter 7 bankruptcy and have previously filed one you must wait eight (8) years from the date of discharge in order to file another Chapter 7.  If you wish to file a Chapter 13 bankruptcy after receiving a discharge in a Chapter 7, you must wait four (4) years.  If you received a discharge in a Chapter 13 and wish to file for Chapter 13 again, you must wait at least two (2) years before they can file another Chapter 13.  Remember, the important word is DISCHARGE.

Will this affect my spouse?
The filing of bankruptcy generally should not affect your spouse. However, there are some exceptions to this rule — your spouse may be affected if he or she co-signed for a loan or is on a contract for a credit card. Additionally, the law requires that your spouse’s income be used in order to compute household income even though your spouse is not affected.

If I file bankruptcy can I keep my house, car and other property?
In most cases, you can keep your property. This determination depends on the type of bankruptcy you file for and the liens on the property. 

What information do I need to have before I file?
If you have a house, get a copy of the deed and deed of trust from the courthouse where the property is located.  If you have a car that you are making payments toward, go to the DMV and get a copy of the vehicle transcript.  The vehicle transcript shows the Bankruptcy Court whether there is a valid lien on the car.  If the car is financed, bring a copy of the title. If you are currently employed, you need to bring six months worth of paystubs to the initial consultation with an attorney at the Massie Law Firm.

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Criminal and traffic law

When do I have a right to a jury trial?
Even if you do not meet the requirements for a jury trial, you are entitled to a bench trial.  At a bench trial, you plead your case to a judge.  However, you absolutely have a right to a jury trial when:

  • You have been charged with a felony and your case is scheduled to appear in the Circuit Court.
  • You have been charged with a misdemeanor and you appealed your conviction to Circuit Court.

If my child is charged with possession of marijuana, will he/she go to jail?
While it is possible that your child may be charged, it is not likely they will go to jail if this is a first offense. In fact, if they have had no other problems with the law, a prosecutor might be willing to dismiss the charges upon successful completion of a first-offender program and agreement to a suspended sentence which will fall away after a year of good behavior.

Is it illegal if I carry a gun in my pocket instead of on the outside?
Unless you have a concealed weapons permit, carrying any gun or knife in a manner in which it cannot be seen is a crime.

If I forgot my court date and didn’t go could I be charged for that?
Failure to appear for your scheduled court date is a separate and distinct offense.  It is likely that a judge will issue a warrant for your arrest and/or issue a citation for failure to appear.  However, a lawyer can help you minimize the consequences of a mistake by negotiating with the prosecutor after you turn yourself in to the police.

Who do I call if I need a lawyer to represent me for criminal or traffic charges?
The Massie Law Firm would be happy to help!

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Personal injury

What can I recover damages for if I am injured and it's not my fault?

If you have been injured due to someone else's negligent or careless actions, you are eligible to receive compensation for:

  • Medical expenses (past and future)
  • Loss wages (past and future)
  • Bodily injuries
  • Pain and suffering
  • Permanent scars or disfigurement

What if I am injured by a drunk driver?
Virginia law allows you to sue drunk drivers for up to $350,000 in punitive damages, above-and-beyond remunerative compensation for actual costs that you have sustained.  The purpose of the law is to punish drunk drivers for the consequences of their deliberate reckless conduct.

What is a wrongful death case?
A surviving family member can bring suit on behalf of a deceased relative killed as a result of someone else's reckless, negligent or wrongful conduct.  Accidents, as well as negligent malpractice by a doctor, pharmacy or related company, are some compensable claims upon which a wrongful death lawsuit may be filed.  The Massie Law Firm begins their review of your case by helping you investigate the circumstances leading up to the death.  If there is a legally compensable basis for a lawsuit, we will pursue your claim in court.

What do you mean by product liability?
Retailers, manufacturers, pharmacists and related professionals can be held liable for defects in the design, manufacture, transportation or distribution of a commercial product is sold in stores.  Public safety standards state that manufacturers must take adequate precautions to prevent injury to the public.  Depending on the scope and extent of your injuries, it might be worthwhile to retain the services of the Massie Law Firm to pursue your claim in a court of law.

How are tractor-trailer accidents different?
One out of eight traffic deaths is caused by a collision with a large truck. Nearly all tractor-trailer accidents result in serious injury to other motorists. Most of the deaths and injuries involve the drivers and passengers of vehicles struck by large trucks. We represent the people who are injured by large trucks as well as surviving family members and dependents.

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