Posts in category: Lawyer

Since man is endowed with a free will that allows him to develop his natural faculties, having his own limitations, freedom, his own nature; but, in society, this freedom is necessarily limited by respect for the freedom of other men; hence the need for rules. The law is a set of rules of mandatory observance for all members of society, which have been established by the   State by previously established procedures, allow the coexistence of all members of society among themselves, of the State institutions and the interrelation of these and society. Of course, the manifestation of law, in its practical and real aspect, is through the law. Any action or omission punishable, objectified in the manifestation of an event foreseen in the criminal law, which is subject to a sanction, to inhibit the individual to the commission of those conducts considered as crimes.

 Misdemeanor and felony:

The most serious crimes are called felonies. Felony is any crime or offense that is punishable by more than one year in jail or death. A crime which has a highest sentence of a fine or a short period of incarceration in the local jail is not a felony. The statute may not specify that a crime is a felony, but punishment defines crime as a felony.

According to State criminal codes the offenses that require a sentence of more than one year in the state’s criminal justice system. Those offenses are treated as felonies. When the accusations of crimes are serious, the need to have a lawyer experienced in criminal law is essential to help the accused.

Virginia lawmakers designate crimes as felonies or misdemeanors.

Classification of felonies:

Felonies in Virginia are designated as Class 1, 2, 3, 4, 5, or 6, but lawmakers may also set specific terms for certain crimes. (Va. Ann. Code § § 18.2-8, 18.2-9.)

• Class 1 felony: Retribution of lifetime imprisonment and a hefty fine of up to $100,000, e.g., murder
• Class 2 felony: Retribution of up to 20 years behind the bar and $100,000.
• Class 3 Felony: prison term of five to 20 years and a fine of up to $100,000.
• Class 4 Felony: Retribution of two to ten years’ in captivity and a fine of up to $100,000
• Class 5 felony: crimes that are termed as a felony or a misdemeanor, depends on how the crime is charged and, sometimes, how the judge or jury decides to treat a conviction. one to ten years in prison
• Class 6 felony: sentence for one to five years in prison or up to 12 months in jail and a fine of $2,500.

Classification of a misdemeanor:

Misdemeanors are categorized as Class 1, 2, 3, or 4.

• Class 1 Misdemeanor: Retribution of up to 12 months in captivity a fine of up to $2,500,
• Class 2 Misdemeanor: Retribution of 6 months behind bars and a fine of up to $2,500.
• Class 3 and 4 Misdemeanor: no jail time, 500$ fine only.

Expungement is a possible way to further get discharged with any criminal record, even though, it is a process where a person who has meant to just arrested and being charged with a crime, but eventually, he who was not even convicted, can own police and judiciary records of the detention and still didn’t exposed to the public. Though, this does not determine that the records are expunged. The records are just taken privately and away from the views of the public and allow to be seen just when the court permits the decision.

Who is authorized to receive an expungement?

• A person who is involved in a criminal case but not even found guilty and is later on cleared by an authority or jury.
• Any individual in a public action who is sentenced with hatred of court, but stays proven not guilty.
• A person in a criminal case in where the Commonwealth lawyer’s office elects not to continue (nolle prosequi) for all charges.
• A person charged with a crime like battery and assault or other types of a misdemeanor, for which the person could likewise be accused in a civil conflict if the victim person declares in writing s/he has obtained a settlement for the damage and the case is going to drop.
• A defendant whose honor or license has been unlawfully used without his permission or support in a criminal case (describe as a theft).
• A person sentenced to a crime which further takes an absolute pardon.

How can a person receive an expungement?

In a manner to get an expungement, the person will have to take a court procedure (means file an appeal) in the path of the court for the control where the person has been charged. If a person has a wrong identity sentence, then he should appeal a file exactly in the same court where the case was previously decided or started there.

However, it is very difficult to further get an expungement in Virginia, except you meet with the guidelines above.  Moreover,  if the judiciary is sympathetic to the purpose for wanting an expungement, the judiciary can only allow an expungement if the person’s situation fits the conditions for an expungement.

What does “nolle prosequi” mean and is this possible that a person can get all the criminal records expunged in such case?

A person should have to be allowed or even qualified according to the guidelines to get further their criminal record expunged in this condition.  “Nolle prosequi” means that the commonwealth’s lawyer elected not to continue the charges against the person. After guilt was not discovered, the person can easily then claim innocence of his character.

Though there are many conditions in where a person can ask an expungement for his criminal records, and if he is qualified enough to meet the guidelines of the process, then he can easily get an expungement without any issue or problem. But for this, you need to meet or fit with the above guidelines.

Neglectful driving in Virginia or anyplace truly, can get you something beyond a ticket. It is a genuine wrongdoing and can cost you any of the accompanying: high fines, permit suspensions, or even correctional facility time in the event that you are not watchful. With expanding number of individuals picking private autos nowadays, the quantity of drivers among the ordinary citizens has developed exponentially, most definitely. It is, in this manner, substantially more vital for individuals to know about the activity laws in their separate states.

Virginia, as most different states has its very own arrangement of laws for movement laws. There are many classes of infringement in the territory of Virginia; Reckless driving, DUI (Driving Under Influence),Speeding, Driving on a suspended or renounced permit, Following too firmly, Impeding movement, Improper passing, Improper U-turn, Running a red light.

Here be that as it may, accepting a petty criminal offense ticket does not really make it an impulse to pay the fine. You can simply battle it in court on the off chance that you think you are morally justified. In court, you can either concede, or Not Guilty.

Conceding essentially implies paying your levy by the due date, and consequently does not expect you to go to court in any case. The fine can just be paid on the web or via mail. Note in any case, that this will likewise result in the infringement being added to the individual’s driving record. Besides, negative mark focuses will likewise be added to the record.

Arguing Not Guilty will mean battling the case in court. The individual either speak to themselves or contract a lawyer to speak to them. This can be a testing undertaking, and accompanies its dangers as well, on the grounds that despite the fact that triumphant will imply that the fine no longer should be paid, losing implies paying the fines, court expenses and your lawyer’s charges too.

Speeding (1-9 MPH over the breaking point), ill-advised U-turn, inappropriate passing, no Virginia driver’s permit, and so forth – 3

Neglectful driving, risky passing, after too firmly, ill-advised flag, and so forth – 4

Speeding more than 80 MPH, dashing, DUI, murder, driving on suspended permit, and so on – 6 points

These focuses can remain on the individual’s record from 3 to 11 years. Be that as it may, the state has set up a “driver enhancement course” to help with picking up to 5 justify focuses on the driving record. These courses are either doled out by the court or the Virginia Department of Motor Vehicles (DMV). This is a possibility for individuals to abstain from going into the negatives in their driving focuses, or to abstain from getting an expansion in the premiums from their Insurance organizations. Likewise, going one full timetable year without accepting any infringement or suspensions picks up you safe driving focuses. At last, it must be remembered that if a man gathers 18 bad mark focuses in a year, or 24 fault focuses in two years, their permit could be suspended

If you are being prosecuted for a crime, you are probably going to be desperate for some kind of relief. Indeed, in a situation like this any help at all is probably going to be greatly appreciated. However, if the crime you are being charged with is a sex crime, then you are probably going to be far more desperate than you would have been otherwise, which is quite understandable when you consider the fact that the charges carry with them a very hefty penalty that would also involve you being put on a sex offender registry that would end up ruining the rest of your life.

Even being accused of being a sex criminal can end up ruining your life. We live in the age of social media where the public often serves as judge, jury and executioner, making it so that you end up suffering a lot of consequences even if you weren’t doing anything that would require such a strong response from people that you don’t even know. Your employer could get an email saying that you are a sex offender before you have even been arrested which could result in you losing your job, and this is just one of the many things that could end up happening to you if you are not extremely careful.

The first thing that you are going to have to do if you want to be able to protect yourself if you have ever been accused of something as serious as a sex crime is getting all of the evidence in one place. You need to get all of your communications with the supposed victim in order because this is really going to help your case. After all, how are you going to end up getting the sort of help you need if you don’t have the evidence that proves that you have not done the things that you were accused of doing?

You also need to save up as much as you can. Juries tend to be very quick to judge and convict someone that has even been accused of a sex crime and a lot of this has to do with the fact that we live in the age of social media once again. Hence, a high priced lawyer is no longer a luxury in such situations, but is something that you are going to have to figure out a payment plan for whether or not you can actually afford such things at this point in time.

The important thing to remember is that you should not talk to anyone at all. It is true that you have your own side to the story that is being told, but the more you talk the bigger your hole is going to end up being. Hence, it is essential that you only talk to your lawyer who is going to help you mold the narrative around the situation and help you come out the other side.

Couples who divorce in Virginia can get divorced for reasons based on fault or no-fault reasons. No fault divorce grounds are for irreconcilable reasons with no intention of remaining married. The couples simply live apart for a year if there are minor children and a valid property agreement. If there are no children and a valid agreement, then the separation period may be reduced to six months instead of one year. Divorce reasons based on fault include abandonment and desertion, cruelty or adultery. Couples divorce should not consider dating until the divorce is final.

Adultery demonstrating

Virginia courts require sexual intercourse to prove adultery. Emotional effusions are not enough to prove adultery. These factors can be used as circumstantial evidence with other evidence, such as an overnight stay at the mistress’s house.

The ex-husband’s demonstration committed adultery becomes difficult once his spouse is not living in the conjugal house. Virginia circuit courts require conclusive evidence that the spouse committed adultery. The court will weigh all the evidence and make a determination as to whether adultery was committed – and if so, the effect of adultery on the division of property or alimony.

Defenses adultery

Condonation occurs when the non-adulterous spouse has forgiven the behavior for cohabiting with the adulterous spouse after knowing that the adultery occurred.

Acquisitions or connivance occurs when the other spouse actively facilitated the adulterous spouse in the deception excuses the adulterous spouse’s recrimination of the unlawful conduct because the other spouse has been proven to be committing adultery and is also at fault. Prescribed or prescribed serves as an affirmative defense when the adultery occurred after five years.

Distribution of property

Judges may consider adultery when property is divided. Virginia is an equitable distributions state which means that judges will try to divide marital property equally during the divorce process. Marital property is property acquired during the marriage. The separate property is the property that each one owned before the marriage that has not been mixed in the marital property. If the parties are not able to reach a mutually acceptable agreement by distributing the property, the court will cause the division on their behalf.

Guilt

Recent legislative changes to Virginia’s divorce law during the last decade allow adulterous spouses to request payments for food. Before this new norm, adultery was considered a complete bar for a spousal support award. Although judges are still allowed to consider adultery after separation as a factor in refusing to award spousal support, it is no longer a complete defense.

Custody and Visitation / child support

Adultery does not normally affect these decisions unless the other spouse is able to prove adultery has negatively impacted the child’s well-being. Virginia courts have a long-standing desire to involve parents in raising their children. The best interests of the child are of the utmost importance.

Adultery does not affect the basic child support obligations of the noncustodial parent. These are strictly determined by the use of child support guidelines based on proportional distribution actions.

In order to lift a protective order or a restraining order from someone in VA, you will need to make sure that you contact an experienced attorney to help you out. The attorney will obviously ask you a series of questions and might even require a lot of evidence before they can proceed with the case, so you have to make sure that you provide the details accordingly.

You need to make sure that you contact an experienced attorney first in order to find out whether you quality for a protective order or not. If you do not qualify for a protective order, an attorney will help you determine why that is the case. When you contact an attorney for filing a protective order, you need to make sure that you explain the case to them in complete detail. The attorney will make it easier for you to figure out whether you need to apply for a protective order or not.

It is important that you contact an experienced attorney if you want to file for a protective order. There are several things that you need to do before you can file for a protective order. The most important thing is obviously going to be some sort of evidence or traces of a case where an eyewitness us under threat, especially if it’s related to a murder investigation.

If a protective order has to be filed, the attorney will also give you an estimate about how much time it will take to process the order. It might take a bit of time for the lawyer to work out the details associated with the order and then help you figure out what needs to be done.

There are several legal requirements that must be met, so a discussion with a lawyer is necessary. Lifting a restraining order is not going to be easy so you have to make sure that a dedicated lawyer is available to help you out with handling the case.

However, in order to qualify for a protective order, there are a few important things that you will need. First and foremost, you will need to make sure that you provide clear evidence that your life is in danger, or that a particular person is now putting you in harm’s way, or making it difficult for you to live your life in peace, you need to seriously consider filing for a protective order.

There are different kinds of protective orders that are sent to people. The first type of protective order is the emergency protection order, while the preliminary protective order is also a type of protective order. On top of that, the final protective order is the final kind of protective order that can be filed against you.

Personal injury cases have become quite common in the Commonwealth of Virginia due to the negligence or carelessness of the accused parties. In case you have suffered injuries in an auto accident, then what should you do now?

According to reliable Henrico VA personal injury lawyers, it is important that you seek medical attention as soon as possible subsequent to an auto accident. Some symptoms of the injuries can take many days or even weeks to manifest after the accident, so the faster you see a doctor, the better. Both medical records, as well as official police reports, can be instrumental in demonstrating who is lawfully responsible for the accident as well as the injuries you have suffered. Additionally, it is also imperative to retain an experienced Henrico VA personal injury lawyer as soon as possible so that you can understand what legal action you should take, if you are eligible for compensation, and how can you protect your rights. Other important steps to consider include:

• At the time of the accident, take pictures when possible. This evidence can be useful, much later.
• Although you may be confused or in shock after an accident incident, you should never apologize to the other people involved. Apologizing can be viewed as an acknowledgment and admission of guilt and could affect your claim.
• Always request and obtain names, contact information as well as insurance information from any other person involved in the accident. Also, Henrico VA personal injury lawyers recommend accident victims to request contact information from the witnesses of the incident.
• Inform the other person or persons that you are thinking about making a claim for property damage and/or personal injury.
• You must do your best to note down each and everything that happens to you in the days and weeks after the accident. Thus, keep a record of important documentation such as medical bills, lost wages, hospital visits, etc.

Type of Your Compensation Rights

While each and every situation is different, there is one thing that all accident victims have in common: the fact that their injuries can change their lives forever. Whether you have debilitating injuries, have lost your job, or have medical bills that you cannot pay, personal injuries can affect your life enormously. If you have been injured in an accident, you may be eligible for compensation for the following problems according to Henrico VA personal injury lawyers:

• Pain and suffering
• Hospital bills
• Loss of salary
• Financial problems
• Medical costs and rehabilitation
• Chronic medical conditions or disabilities
• Depression and anxiety
• Decreased quality of life
• And more

Said compensation for the above problems will have as purpose to try to reposition the person to the state that was before suffering the accident, and although, a demand cannot alleviate the physical and emotional pain of the victim and the relatives, if it will be able to alleviate the expense caused during the process.

For further information related to personal injury claims, especially if you have been victim of the negligence or carelessness of another individual, then you must retain a well-versed Henrico VA personal injury lawyer to best protect your rights as well as get the best possible compensation for the damages suffered.

In a separation, a standout amongst the most fervent issues is property division. While one life partner might be sure that a specific car or a bit of property is his or hers, the other mate may deviate, giving proof that he or she made changes to it or installments on it. The division of property in separation is a convoluted undertaking that requires following the property back to its unique character, and after that partitioning, it gave an assortment of variables. Virginia law accommodates three kinds of property that a judge may isolate or provide pay to separate property, marital property, and a hybrid property.

Separate Property

Code of Virginia 20-107.3 characterizes the three different sorts of property perceived under Virginia law. The first of the features is separate property. Under the statute, a few kinds of property is portrayed as partitioned property:

• property procured by one mate before the marriage
• property acquired by one mate as a gift during the marriage
• property acquired by one mate in return for other separate property amid the marriage; and
• the companion’s part of property delegated as hybrid property.

Some basic examples of the separate property would be a car that a wife purchased with her own money before the marriage; a car bequeathed to the wife during the marriage in her grandfather’s will, and a car acquired during the marriage by the wife with a gift of cash made exclusively to her by her mother. However, if separate property is ever co-mingled with marital assets, it may lose its independent property character. Along these lines, the law is exceptionally confounded with regards to separate property, and each bit of property must be followed back on a case-by-case premise.

Marital Property

Marital Property is primarily a property that was obtained amid the marriage. Property described as marital property incorporates:

• property titled in the names of the two gatherings
• the marriage bit of hybrid capital, and
• all wealth gained by each group amid the marriage that isn’t portrayed as particular property.

Marital Property is dared to be mutually possessed unless there is proof despite what might be expected. Cases of property ventured to be Marital Property unless there is confirmation unexpectedly incorporates benefits, benefit sharing, conceded pay and retirement designs.

Hybrid Property

Under Virginia law, the hybrid property is property which the court classifies as part marital property and separate part property. Some examples of hybrid capital under the statute include:

• income earned from the separate property
• the increase in the value of separate property
• commingled assets

Determining who-gets-what when it comes to hybrid property is a complicated matter and requires both ability and experience understanding Virginia separate from laws.

Property appropriation is regularly a focal issue amid a separation, and the two companions should know their rights with regards to figuring out who-gets-what. On the off chance that you are considering getting a separation, you ought to promptly search out an accomplished family law lawyer who can enable you to comprehend your rights and what you are qualified for in a separation announce.

‘Who wins custody of your children?’ This is typically one of the most challenging questions to explicitly answer during a divorce or separation matter. Irrespective of what people usually believe that the mother is always favored to obtain child custody, the law in commonwealth of Maryland is optimally neutral thus does not, in any way, favor either parent. A court primarily seeks to answer just one question when determining custody, i.e. what would result in the ‘best interest’ of the child under consideration?

According to a divorce attorney Maryland, child custody is typically a long fought war, and clearly proving what would be in a child’s best interest can surely be challenging. Thus, it is imperative to hire a well-versed legal practitioner who practices family law with either specialization or extensive experience in child custody disputes.

There are several ways to smoothly resolve child custody disputes. Visitation agrrangements, i.e. deciding which parent spends what time with the child and when, can be legally arranged in plenty of ways as per the schedules best suited for each of the parent as well as the child in every unique and special situation. However, a court determines visitation arrangements within only a few categories as follows:

Legal vs. Physical Custody

Courts in Maryland go for two uniquely different types of child custody, viz. physical custody and legal custody. Physical custody decides where a child lives on a daily basis, governs everyday decision-making, and frequent child support obligations. On the other hand, legal custody involves the potential right to make long-term, important decisions related to child’s interest, such as child’s education, health and wellbeing, and religious upbringing.

Joint custody vs. sole custody

Accordingly to divorce attorney Maryland specialists, the court awards both legal and physical custody as either joint or sole. In case of a joint legal custody, all long-term child related decisions have to be made by both parents’ mutual agreement unless one parent already has a tie-breaking authority. On the other hand, sole legal custody gives only one parent such long-term decision-making rights about the child. In case of joint physical custody, each parents spends substantial overnights with the child every year. On the contrary, sole physical custody allows only one parent to reside with the child for majority of the duration, while the other parent can visit the child during either agreed upon visitation or court-appointed times.

Bird’s Nesting Custody Agreement

A bird’s nesting custody as per attorney Maryland is a co-parenting agreement in which the child remains in only one house while the parents take mutually agreed or court-scheduled turns residing in the house with them. Consequently, once a visiting parent’s appointed or agreed turn is over, then he/she returns to his/her personal/shared residence, and the other parents comes in to visit the child.

Negotiating Child Custody Arrangements

Since custody situations are most often emotionally charged and uniquely different to each family, the attorney Maryland specialists prefer arrangements of child custody matter to be accepted by the parents outside of the court. Thus, retaining a well-versed family law legal representative is vital to reaching an effective custody agreement.

In the event that you have been accused of an offense or crime medicate charge, you confront serious punishments that can influence your life for a long time to come. An experienced drug defense lawyer can help. We have been speaking to clients in the state and federal criminal courts of Virginia for more than 30 years. We utilize our broad drug defense law experience to give forceful and powerful criminal resistance to customers in Virginia.

In Virginia, if your drug charge is a misdemeanor charge or felony charge — and the punishments you confront if convicted — relies on the drug involved, the amount of the drug found in your possession, the conditions of your capture and different variables. Our drug defense lawyers handle drug cases including cannabis, marijuana, cocaine, heroin, methamphetamine, opiates and other controlled substances.

Our drug defense lawyers defend clients against a wide variety of drug charges such as:

• Drug possession
• Drug trafficking
• Fraudulent prescriptions
• Possession of cocaine
• Possession of marijuana
• Possession with intent to distribute

At all phases of your case — from the start of your capture to the finish of your trial or appeal — you are qualified for a legal counsel. A lawyer’s recommendation about what to state and how to carry on in the early, basic periods of your case may enable you to maintain a strategic distance from expensive missteps. Your future may rely upon the cautious treatment of your case following any drug charge.

We have the skills, resources, and ability to set up a solid case on your behalf. Our experienced drug defense lawyers will analyze and arrest procedure and proof the state will use against you. Also, in preparation of hearings and trials, we will recommend fitting advances that you can take with a specific end goal to upgrade your odds for a satisfactory result.

Contact our Drug Defense Lawyers today

A skillful drug defense lawyer may help get drug charges diminished or have the capacity to work out condemning choices such as net benefit or a suspended or decreased sentence for a drug violation. At times, after a sentence of community service, or a rejection, clients can get their records erased — sealed from public access.

Our lawyers understand that all drugs charges are not the same, which is why we build up an interesting, customized plan for every client. Your lawyer will help you walk through the way toward fighting a drug crime case, educating you about exactly what the charge needs to consider about your case. Call our firm today to figure out how a drug defense lawyer in Virginia can encourage you. You can get in touch with us for your case and get the free consultation.