Timothy R Johnson

Timothy R Johnson

The Law Offices of Timothy R. Johnson, PLC
  • Business Law, Criminal Law, Education Law...
  • Virginia
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Our office is a litigation and trial law firm serving Clarke County and the surrounding areas of the Shenandoah Valley. Our diverse experience in criminal, business, and other civil litigation matters positions us to deliver high-quality representations, and compassionate legal services to our clients. We also offer estate planning and business advisory & transactional services to residents and business located within Berryville or Clarke County.

Timothy R. Johnson is the owner-attorney managing and providing legal services through The Law Offices of Timothy R. Johnson, PLC.

Mr. Johnson was born and raised in New Jersey, but fell in love with Virginia when he attended James Madison University for college. After graduating from JMU, he attended New York Law School where he interned for and eventually was hired by a small, but highly-successful law firm located in the Financial District of Manhattan practicing in high-risk commercial litigation, felony criminal, police misconduct, and catastrophic personal injury cases. During law school, Mr. Johnson also interned for the United States Attorney's Office Civil Division. In 2015, he moved to Fairfax County and opened this law office in Alexandria, VA. After serving the Northern Virginia community for three years, he moved to Clarke County where he re-opened this law office.

Practice Areas
  • Business Law
  • Criminal Law
  • Education Law
  • Civil Rights
  • Contingent Fees
    Personal injury cases, limited conditions for special education cases
  • Rates, Retainers and Additional Information
    Criminal and Juvenile cases I typically perform on a flat-fee basis; Other matters where I charge by the hour, I charge $250+ depending on nature of case.
Jurisdictions Admitted to Practice
New Jersey
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New York
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  • English: Spoken, Written
Professional Experience
Principal Attorney
The Law Offices of Timothy R. Johnson, PLC
- Current
Legal Intern (June 2011 - May 2013) / Associate (May 2013 - December 2014)
Mangan Ginsberg LLP
Summer Intern
United States Attorney's Office (Civil) - EDNY
New York Law School
J.D. (2013)
Honors: Graduated Cum Laude (GPA 3.65) Awarded for Outstanding Service to NYLS Law Review (2013)
Activities: Online Staff Editor of New York Law School Law Review John Marshall Harlan Scholar affiliated with Center for Business Law and Policy, and Center of International Law Co-Founder of NYLS Trial Competition Team Member of Vis International Commercial Arbitration Moot Court Competition Team Teaching Assistant for Criminal Law and Torts
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James Madison University
B.A. (2010) | Justice Studies - Criminal Justice
Honors: Graduated cum laude (GPA: 3.6)
Activities: Subject-Area Honors Student
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Professional Associations
Virginia State Bar # 87673
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Speaking Engagements
Fundamentals of the Virginia Freedom of Information Act, Lawline CLE, Webinar
https://www.lawline.com/course/fundamentals-of-the-virginia-freedom-of-information-act All states, the federal government, and the District of Columbia have their own public records law to enable public access to governmental activity. With so much information available, litigators would be wise to take advantage of these sources as another tool for discovery that could bolster their cases either directly or indirectly. Additionally, many public records laws establish independent causes of action against non-compliant public agencies. Therefore, knowing how to use public records laws can be to your client‘s advantage. Using the Virginia Freedom of Information Act as the primary example of a public records law, and by referencing other state public records laws including the federal Freedom of Information Act, this presentation will provide a nuts-and-bolts approach to understanding these laws‘ structural frameworks, their purposes, and practice tips of how to use them. The program, presented by Virginia attorney Timothy Johnson, will also provide samples of public records requests, and discuss typical problems public record requesters run into.
Fundamental Business Law for Small Business Owners, Berryville Main Street Lecture Series, 23 E. Main Street, Berryville, VA 22611
Berryville Main Street
https://www.facebook.com/events/1808043692585813/ Lectured regarding typical legal issues that affect small business owners ranging from bankruptcy to employment law to business torts and many other practice areas
Lecture in Disability and Justice Seminar, James Madison University Justice Studies Course: Disability and Justice, Web-Conference
James Madison University
Discussed involuntary civil commitment process in Virginia
The Freedom of Information Act and its Impact on Local SEACs, Webinar, Webinar
Parent Educational Advocacy Training Center, Inc.
Special Education: Between a Rock and a Hard Place, James Madison University
Presented by Timothy R. Johnson
Court-Appointed Attorney (Misdemeanors)
Virginia Indigent Defense Commission
Websites & Blogs
The Law Offices of Timothy R. Johnson
Legal Answers
25 Questions Answered

Q. Can a bank sue me for overdraft charges from November 2010? Received a phone call yesterday saying I will be served.
A: They can sue you, but you will probably maintain a strong defense that the claim is past the statute of limitations, unless you acknowledged the debt on the phone call.
Q. If I never had a write up and never been in trouble at work not once and how can you get fired if some one lies on you ?
A: An employer can fire you for any reason at all in Virginia unless you have a contract or the reason behind firing you was based on unlawful discrimination (race; religion; gender; age; etc.). If an employer heard about you through another employee, regardless whether it was true or not, the employer can fire you without any repercussion.
Q. Virginia Non Stock Corp. Can a BOD director put a non- expiring or maybe an annual proxy in place?
A: The first thing to check is the entity's articles of incorporation and by-laws to see what, if any, restrictions are placed on proxies. Generally, those rules will control the issue. If there is nothing limiting the use of proxies, then Virginia's Non-stock Corporation Act rules on proxies applies. A BOD director can put a proxy in place via an appointment form or other statement making clear such appointment. Without an express time limitation on the appointment, the proxy is designated for 11 months. The proxy can theoretically be appointed without a time limit expiration if clearly stated so, but it should be known that it can still be revoked by the member appointing the proxy at any time (absent "irrevocable proxy" rules that kick in in limited circumstances). I am not sure I understand your second question regarding how the proxy can designate others to act as proxies. The only persons who can appoint proxies are the principal members of the organization themselves. A proxy cannot usurp those principals' authorities to appoint his/her own proxies of those principals. Similarly in response to your third question, if I understand it correctly, if the proxies who are there were not appointed by their respective members, then they are not valid exercises of those members' voting powers (and possibly fail to establish quorum).
Q. VA Non Stock Corp. Can a BOD principal appoint a primary AND a secondary proxy simultaneously? ....in same document?
A: In theory, sure a director could have alternate proxies based upon availability, but it should very clearly be established in any appointment forms regarding the circumstances when a proxy has the authority to operate on behalf of the principal. I have to stress that it should be VERY clear. As for your second question, it's a matter of what happens in each vote. If everyone votes in agreement, then of course it's unanimous. If any valid proxy or principal votes against, then it's not unanimous.
Q. In regards to a VA LLC. Can a P.O.A. Be used to represent any individual listed as a partner in the LLC?
A: The articles of organization and the operating agreement cannot limit the use of the power of attorney for members. If there is no prohibition on a non-member being given the POA to act on behalf of a member's part, it is most likely permissible. (Va. Code § 13.1-1022. Management of limited liability company. . . . D. Unless otherwise provided in the articles of organization or an operating agreement, the members of a limited liability company have the power and authority to delegate to one or more other persons the members' rights and powers to manage and control the business and affairs of the limited liability company, including to delegate to agents, officers and employees of a member or manager of the limited liability company, and to delegate by a management agreement or other agreement with, or otherwise to, other persons. Such persons may be denominated as officers of the limited liability company without being deemed to have the status of a manager, unless designated as a manager in the articles of organization or an operating agreement.)
Q. I have a potential dispute with an water equipment distributor.
A: At face value, it sounds like you might have some valid claims. But the only way to find out with some real certainty and fully assess your legal options is to consult a business/commercial litigation attorney. Attorneys need to review all the pertinent documents, correspondences, marketing materials, and your own version of events to assess the strength of your case and what issues might be involved. I strongly encourage you to contact a local business/commercial attorney.
Q. I had an eyebrow tattoo.The esthetician posted pictures of my eyebrows on her Instagram without my consent.
A: You may have claims against her for misappropriation of your likeness for commercial purposes. If you want her to stop her conduct immediately and have the pictures removed, you may want to consult an attorney to send her a letter informing her of her privacy infringements and warning that further action will result in her being taken to court.
Q. I want to open a video gaming cafe that sells fresh, made on the spot pizzas. Is there any law that forbids this?
A: I don't see anything particularly concerning about this business model. It's just an updated arcade that serves food. As long as you obtain all proper business permits including health permits, and establish appropriate privacy and internet security safeguards, there shouldn't be anything uniquely difficult to deal with related to legal compliance. The only other issue could be licensing problems if you offer video games that typically expect one user per product.
Q. My former business partner refuses to give me the Federal tax returns for the last FY that I was co-owner.
A: The easiest way is to refer to any purchase agreement for the business and see whether there are any terms that can be used for establishing your continuing right to monitor the business's financial health as it relates to the SBA loans. But if the purchase was done via a handshake agreement and cash, it makes things a little tougher. The next legal document that might confer express rights upon you is the SBA loan itself. If you signed as the guarantor, and your partner did as well an owner o/b/o of the business, sometimes the document establishes an express right for the guarantor to review or inspect financial records of the business. Arguably, even if you were the only signer of the SBA loan (ex: you, personally as guarantor; and you, in official capacity as owner of business), once your partner bought out your interests, you still maintained your interest as the guarantor to review those records of the business. Additionally, some lenders require the guarantor to have access to the financial records, so you would have a right per the loan documents to have access to those books, otherwise, you could sue the business for the right to gain access to them to perform your obligations as a guarantor. In short, you need to look closely at all the loan and business purchase agreement documents to establish a right to the records. You may also want to consult a business law attorney to consider helping you prepare a letter to your former business partner to express the importance of this issue.
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Contact & Map
The Law Offices of Timothy R. Johnson, PLC
20 E. Main Street
Berryville, VA 22611
Telephone: (540) 352-4672
Cell: (540) 987-6526
Fax: (540) 595-3500