The Divorce Process – Discovery
This blog is the third in a series covering the Divorce Process. Specifically, this blog looks at Discovery; what is Discovery, its purpose in the divorce and a few of the common types of discovery filings used in divorce proceedings. If you are looking for a divorce attorney in Williamsburg, York County, or New Kent […]
What is a preliminary hearing?
A preliminary hearing is one of many hearings in the process of defending an accusation of criminal conduct. Outside of the actual trial of the case, it can also be one of the most important. For a blog on preliminary hearing strategy click here. Virginia Code § 19.2-218 states “No person who is arrested on a […]
Child Protective Matters – The Adjudicated Hearing
This blog will be discussing the adjudicated hearing and entry of a possible Child Protective Order (“CPO”). The adjudicated hearing is the second hearing in a complaint by Child Protective Services against a parent/guardian for abuse or neglect. At an adjudicated hearing, if the PPO was objected to, a full trial on the facts will take place. […]
Child Protective Services Matters – The PPO
When CPS comes knocking on your door it can be a frightening and difficult circumstance. Imagine that someone you have never met has determined that you as a parent have neglected or abused your child? In many cases, regardless of whether facts have been proven in a court of law, a parent must be prepared […]
Child Custody Determinations
In the Commonwealth of Virginia the local Juvenile and Domestic Relations Court handles determinations of child custody and visitation. Based on statute, the court considers the “best interest of the child” when deciding matters of custody and visitation between two parents. This is based upon the best interest factors outlined in Virginia Code Section 20-124.3. […]
What is an Arraignment and whose this attorney?
One of the first steps in a criminal prosecution is the arraignment. This is when the accused is brought before a judge or magistrate to determine whether he or she wishes to hire an attorney, have the court appoint an attorney, or waive the right to an attorney. It is in many respects the most […]
3 Tips for a Driving on Suspended Charge
Have you been charged recently with a driving on suspended license? Here are a few quick tips to help yourself, and help your attorney, get your charged reduced or dismissed altogether. 1.PAY OFF COURT FINES. It is important to pay off any outstanding court cost or fines. If you have court costs or fines in […]
Self-Defense Law; A “Beast of Burden”
The Rolling Stones song “Beast of Burden” has nothing at all to do with the self-defense law. But, when I hear about a self-defense case, such as the recent Trayvon Martin incident in Florida, I can’t help but think of the song. “You can put me out, on the street!” rings in my head. “Beast […]
Virginia DUI Laws: “Driving or Operating”
The Virginia laws on Driving Under the Influence are fairly set in stone. The Legislature in Richmond, however, continues to change the laws in respects to punishment. Each year they try to raise the mandatory minimum as to Fines, Incarceration Periods, and Periods for a Loss of License. But, that doesn’t change the case law. […]
What is “Gross Income” for Purposes of Child Support?
Child Support is determined by a parents Gross Income. But, what is “Gross Income?”Under Virginia Code §108.2(C) gross income means “all income from all sources.” This includes, but is not limited to income from salaries, wages, commissions, royalties, bonuses, dividends … spousal support, rental income, gifts, prizes and awards.” Courts takes a very broad approach in […]