Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I own a piece of property at Lake Anna. Sometime between 2007-2009…

Customer Question
I own a piece of...
I own a piece of property at Lake Anna. Sometime between 2007-2009 the HOA there agreed to another homeowner to construct a boathouse at the end of my property. NO ONE notified me. Dominion VA Power had to give permission. The HOA was responsible to notify me. They didn't. All communication between them and myself was zero during this period of time. They are playing CYA and will not give me any information. Isn't this collusion and criminal trespassing? What can I charge and to whom for what? My property was torn up and is trying still to regrow. My property HAD to be used by heavy equipment coming and going. I was NEVER notified of anything. What can I do? Thank you. xxx
Submitted: 8 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 7 hours by:
6/14/2010
Criminal Lawyer: Ely, Counselor at Law replied 8 years ago
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



This is not criminal, but it's civilly actionable. You need to threaten litigation, or actually sue. Let me explain.
Lawsuits are made up of causes of action, in other words, to file suit, you need a cause of action (at least one).



You can file multiple causes of action together. All causes of action have different elements you have to satisfy. For example, “negligence” is proven if there is (1) a duty owned to Plaintiff and (2) the Defendant breached that duty.



It takes too long to explain all elements of each cause of action, but from my knowledge, you have a lawsuit for the following causes of action: private nuisance, trespass, and negligence.

Some elements of the causes of action different by state due to different evolution of local law, but they are generally nearly identical.



If the hearing is by Judge (“bench trial”), the Judge decides. If the hearing is by Jury (“jury trial”), a majority of the Jury has to decide towards one way. Although a lawsuit is automatically set up to be heard as a bench trial, either party can request a jury trial. Defendants usually prefer a jury trial since it’s harder to convince a few minds, rather than one.



In the end, the Judge or Jury that decides whether or not the elements for each of the causes of action were satisfied, and if so, what damages are needed to rectify the situation. Note that if you win, you may also get your legal fees and attorney fees tagged unto the award.



Know, however, that 85% of such cases are resolved with a stern demand letter from your attorney and perhaps a draft petition included with it. That usually scared them to make a deal to avoid litigation. When you hire an attorney, try to hire them on a contingency basis, i.e. they don't get paid unless you do (usually about 33%, or 40% if reward is from trial). I can help you find an attorney in your area who specializes in these kinds of matters if you'd like.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”



































Ask Your Own Criminal Law Question
Customer reply replied 8 years ago
<p>If they are found guilty of nuisance, negligence and trespassing, could this be enough to "disban" the existing HOA?</p><p> </p><p>Thank you,</p><p> </p><p>xxx</p>
Criminal Lawyer: Ely, Counselor at Law replied 8 years ago
Stacey,Unfortunately not.
Ask Your Own Criminal Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 103,583
103,583 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

103,583 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,181 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

2,016 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,750 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,640 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,266 satisfied customers

17 years practicing criminal defense.

< Previous | Next >

Related Criminal Law Questions
Is it me or isn't a valid search warrant more then a page or
Is it me or isn't a valid search warrant more then a page or two. Can someone tell me if this thing is even valid?… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
559 satisfied customers
Zack...please provide me with NC state and/or federal laws
Zack...please provide me with NC state and/or federal laws that address the fraud and conspiricy to comment fraud you referred to. Also, can you get me any relative case law. If not please tell me the… read more
TexLaw
TexLaw
Attorney
Post-Doctoral Degree
4,347 satisfied customers
On 5/09/09 I was arrested and charged with a class 6 felony
On 5/09/09 I was arrested and charged with a class 6 felony DWI (3rd offense within 10 years). I was fully prepared to go to trial as my lawyer felt that I had a fair chance of acquittal. On 6/16/09, … read more
SmithEsq
SmithEsq
Attorney
Doctoral Degree
112 satisfied customers
Does a District Attorney have the authority to order (request)
Does a District Attorney have the authority to order (request) an agency, such as the Oklahoma Highway Patrol, to enter into and search a private residence or a private business? The Oklahoma Highway … read more
Legal-Guru
Legal-Guru
Attorney at Law
Juris Doctorate
1,354 satisfied customers
Hi, actually, i am not sure if this is a criminal law or civil
Hi, actually, i am not sure if this is a criminal law or civil law question. it might, indeed, be nice to find a lawyer or at least a law firm as a whole which does both criminal and civil cases. i ne… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
Florida Rule 3.172 (e) pertains to acknowledgment of guilt.
Florida Rule 3.172 (e) pertains to acknowledgment of guilt. Even after one enters a guilty plea this step is required. One must either acknowledge his guilt or state that he is entering such in his be… read more
Joseph
Joseph
Attorney
Doctoral Degree
7,245 satisfied customers
I am looking for decided cases in the state of Florida regarding
I am looking for decided cases in the state of Florida regarding statute 934.06 which prohibits admission in court of the contents of intercepted oral, electronic or wire communications. In my case th… read more
Joseph
Joseph
Attorney
Doctoral Degree
7,245 satisfied customers
My husband was in accident 04/04/09 looked as if he just plowed
My husband was in accident 04/04/09 looked as if he just plowed into a block wall, accident resulted in brain injury, when he got out of the car he started walking away. right after accident he did no… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
NEED ADVICE FOR HARASSMENT-NO CONTACT C&D REQUEST DEFENSE/STAGE
NEED ADVICE FOR HARASSMENT-NO CONTACT C&D REQUEST DEFENSE/STAGE PERSONAL ATTORNEY REQU. i have helped the complaintant with court TRO agnst ex in 2007, have known her since 1987, she was my IHSS Provi… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
Does the First Amendment prohibit the incarceration of Pro
Does the First Amendment prohibit the incarceration of Pro Se litigants without a criminal charge for the stated purpose of stopping or controlling their filings in a federal civil matter?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I would like an answer from a licensed California attorney.
I would like an answer from a licensed California attorney. If the California Penal Code does not cover this situation, are there other criminal or civil laws in California that do cover this situatio… read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
929 satisfied customers
If a suspect is arrested by the police and jailed, how long
If a suspect is arrested by the police and jailed, how long does the state have to bring charges while the suspect is in jail? If the state does not bring the suspect before a judge for arraignment in… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
why cant drinking and breaking another supposed law be taken
why can't drinking and breaking another "supposed law" be taken into consideration as part of the event? my son was drunk, they would not give him a breath test, he walked into an open garage late at … read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
Im finding conflicting opinions on pc 17 b felony reduction
Im finding conflicting opinions on pc 17 b felony reduction and gun rights. My felony was for DUI and some places say that I will never get them back and some say that there is case precedents that sa… read more
Help4Health
Help4Health
Attorney and Counselor at Law
Doctor of Jurisprudence
31 satisfied customers
We do security patrols on private property at a trailer park.
We do security patrols on private property at a trailer park. Are we allowed to stop parties for stop sign violations and speeding and if management request, issue them a management summons (fineless)… read more
JPEsq
JPEsq
Attorney
Doctoral Degree
5,086 satisfied customers
I have a civil action in the Federal District court and the
I have a civil action in the Federal District court and the District court in Colorado. I do have felony convictions from 1995 and prior although I am still on parole. Can my criminal past be brought … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My daughter got two moving violation tickets in less than one
My daughter got two moving violation tickets in less than one month. One for failure to reduce speed (which resulted in an accident) and the other for improper lane usage. Is there any way for her to … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,181 satisfied customers
Thursday 08/07/08 9:14 AMHi Paul, I had just sended ...
Thursday 08/07/08 9:14 AM Hi Paul, I had just sended you an inquired, but I forgot to mentioned about the pay, I know is a little to much, and I will pay more, than $30.00 USUALLY WHEN i SUBMIT AN INQ… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x