Child Custody Determinations

Brandon Waltrip Divorce & Child Custody

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. Factors considered by the court …

What is an Arraignment and whose this attorney?

Brandon Waltrip Criminal Defense

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 important moment in any criminal …

3 Tips for a Driving on Suspended Charge

Brandon Waltrip Criminal Defense

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 multiple jurisdictions, or owe excessive …

Self-Defense Law; A “Beast of Burden”

Brandon Waltrip Criminal Defense

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 of Burden” is a song …

Virginia DUI Laws: “Driving or Operating”

Brandon Waltrip Criminal Defense

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. Here is an overview of …

What is “Gross Income” for Purposes of Child Support?

Brandon Waltrip Divorce & Child Custody

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 construing this language. Courts will …