An Important Gift This Christmas – Last Will and Testament

Brandon Waltrip Estate Planning

By this time in life you likely do one of two things around the holidays: buy your own Christmas gift or buy a joint gift with your spouse. In our home, we do the same. It’s practical and you know what is best for your self and your family.  With that in mind, you can’t pass up on this important gift for Christmas. …

What are “Mandatory Minimums?”

Brandon Waltrip Criminal Defense

In this blog I examine mandatory minimum sentences as they apply to criminal charges. Mandatory minimums are the result of state legislatures taking control of the judicial system. Some have argued they are a response to “activist” judges, or unruly juries. Nonetheless, mandatory minimums litter the landscape of the current criminal defense system and must understood and dealt with by …

What is “residue” in a drug case?

Brandon Waltrip Criminal Defense

Countless people are charged and ultimately convicted for drug crimes because the police find “residue” on a piece of evidence. In this blog I examine what residue is in regards to a drug charge, and a few ways in which the analysis can be invalidated. Residue is a term used by state laboratories to define a test result where there …

Waltrip Elected to Board of VACDL

Brandon Waltrip In the Media/Case Results

The Virginia Association of Criminal Defense Lawyers (“VACDL”) recently elected Brandon C. Waltrip, Esq. to serve on the organization’s board of directors. The VACDL is an organization comprised of attorneys from across the Commonwealth of Virginia whose practice is primarily focused on the representation of those accused of criminal violations. The mission of the organization is to improve the quality of …

Can I win my relocation case?

Brandon Waltrip Divorce & Child Custody

Courts take very seriously relocation cases. As these cases can involve moving a child from their school, friends, relatives and the home they may have lived in, possibly their entire lives, a parent must ask themselves, “can I win my relocation case?” In this blog I examine a few of the important considerations in any relocation case. Best Interest Factors …

Custody Rights of Parents versus Grandparents

Brandon Waltrip Divorce & Child Custody

A common question that I receive as a child custody attorney is what are the custody rights of parents versus grandparents? The Court applies a different analysis depending on whether a grandparent is seeking custody, or whether they are seeking visitation. In this blog I focus on the analysis a court will use to determine custody rights of a parent …

An Assault and Battery Charge Can Affect Your Right to Own a Gun

Brandon Waltrip Criminal Defense

In Virginia, Code Section 18.2-57.2, or Assault and Battery against a Family or Household Member, is a charge which the legislature has recognized as a variation from the standard assault and battery. They have done so by creating a First Offender Statute under Virginia Code 18.2-57.3. The First Offender statute allows a person found guilty, or who stipulates that there is …

I’ve Been Arrested, Now What?

Brandon Waltrip Criminal Defense

There are few things more frightening than being arrested and charged with a crime. More frightening is the uncertainty such crimes might have on a persons future including the impact on one’s family, career, and finances. So what should you do if you have been arrested and charged with a crime? In this blog I look at the three most …

Waltrip Wins Assault and Battery Case

Brandon Waltrip In the Media/Case Results

On July 15, 2014 in the Williamsburg James City County General District Court a client of Collins Waltrip, PC, was tried before a Judge on charges of Assault & Battery under Virginia Code 18.2-57. After the presentation of the Commonwealth’s case, Waltrip rested without presenting evidence for the defense and immediately made a Motion to Strike. Arguing that the Commonwealth …

Three Phases of a DUI

Brandon Waltrip Criminal Defense

3 Phases of a DUI in Virginia There are three phases to every DUI, or Driving Under the Influence charge. These include the Stop, the Search, and the Trial. Based on the actions of the police officer, and the driver, a person charged with a DUI may have a charge dismissed. It’s important to understand each of these phases, and I …