Being charged with a crime is, for almost anyone, a nerve-racking experience. If you are being investigated or have already been charged with a crime in Virginia, the first thing you will want do do is refuse to speak to the authorities without an attorney present. Then of course you will want to find an attorney as soon as possible. Finally, you should do a little research both as to the particulars of the criminal charges you are facing, and as to the overall criminal process in Virginia.
To help you on that last point, here is a guide through the five steps of the judicial process in Virginia, and what to expect from a good criminal defense attorney throughout each stage:
Step 1: Initial Investigation. The best criminal lawyers usually advise clients to remain silent when questioned by law … Read More »
In this interview last night on 92.9 The Game, Livesay & Myers criminal attorney (and former prosecutor) Eugene Oliver spoke at length about the investigation into the rape allegation against Florida State quarterback Jameis Winston. In the interview, Mr. Oliver predicted that the prosecutor would not bring a criminal charge against Winston—a prediction that came true today at the prosecutor’s press conference in Tallahassee.
92.9 The Game is a sports radio station in Atlanta, Georgia.
Going to court for the first time can be an intimidating experience. Whether you are facing criminal charges or find yourself in court in a divorce or custody case, remaining calm in court can really help you make your most effective case. We put together the infographic below to help you understand all the different parts of the courtroom, so you can feel at ease on your day in court. This infographic explains who people are, what they do, and where they sit. We’ve also included some interesting facts about courtrooms, and funny quotes from actual court cases.
Our experienced attorneys in Fairfax, Fredericksburg, and Manassas, Virginia feel right at home in the courtroom—hopefully this information will allow you to also be at ease in front of the judge or jury.
Click the image to see a bigger version
If you enjoyed this infographic, or found it useful, feel free to use it on … Read More »
The first step for most people in obtaining legal counsel for a divorce is to have an initial consultation with an attorney. Most consultations are scheduled for one-half to one full hour and most divorce lawyers in Northern Virginia do charge a consultation fee. The consultation is your opportunity to describe your situation to an attorney and receive an overview of the legal issues in your divorce, and perhaps a proposed course of action. It is also your opportunity to interview the lawyer in order to decide if they are the person to best represent you and your legal interests. Likewise, the consultation allows the attorney to determine if the case is one in which they can offer assistance.
To make the most of your divorce consultation, remember the following:
Seek assistance early. In many instances, there are deadlines for response … Read More »
When someone rear-ends you at a stoplight and you end up with a broken leg, they (or their auto insurance carrier) pay your medical bills, plus a little extra for your pain, suffering and inconvenience. If your doctor commits medical malpractice in the course of your healthcare, you are compensated in a similar fashion. If you slip on a wet floor at the supermarket, again, the supermarket may have a duty to make things right.
But what about a cheating spouse? Does the law compensate for a broken heart in the same way as a broken leg? Do Virginia courts require your wandering spouse to “make things right” in hard, monetary terms? Will a judge sway a divorce settlement in your favor since you are, after all, the wronged spouse?
In stark, unforgiving terms, your spouse’s infidelity does not require him … Read More »
If your spouse was a reckless spender during your marriage, and you thought divorce would finally end the financial pillage of your hard-earned dollars and the unspeakable terrorizing of your credit score—think again. Effective July 2011, all debt incurred by either party after the date of marriage and before the date of separation is presumed to be marital. But, you protest, she signed up for that Macy’s card alone and I haven’t seen one thing in the house from Macy’s! According to the amended Virginia Code Section 20-107.3(A), if you believe a debt incurred during the marriage is separate, you have to prove it, regardless of whose name was on the account.
It was not always this way. In April 2010, in the case of Gilliam v. McGrady, the Virginia Supreme Court stated that debts jointly incurred during the marriage are … Read More »
You and your spouse were married in Hawaii. You resided as a married couple in Virginia for many years. Discord arose and now you have been separated for over a year. One month ago, your soon-to-be ex moved to sunny Southern California, while you remained in Virginia. You are ready to move on and want to begin divorce proceedings, where do you file?
Determining where to file your divorce is a question of jurisdiction. A court must have jurisdiction over your case before it can grant your divorce, and each state has specific requirements for jurisdiction. In order to file in Virginia, at least one of the parties must meet the residency requirements of Virginia Code Section 20-97. That section states in part that “no suit for annulling a marriage or for divorce shall be maintainable, unless one of the parties … Read More »
There is an ongoing debate in Virginia as to whether a parent’s mental health records should be admissible in custody and visitation cases. Prior to July 2008, Virginia Code Section 20-124.3:1 specifically provided that the mental health care records concerning a parent in a custody and visitation case are confidential. In 2008, that provision was repealed, and we are now in a period in which a parent will routinely allege that the other parent is practically insane and therefore an unfit parent, and will attempt to prove it by the introduction of what were once confidential medical records.
The question of the admissibility of a parent’s mental health care records features a tug-of-war between a person’s right to confidentiality and the court’s duty to act in the best interest of the child. The question is complicated by Virginia Code Section 8.01-399, which acknowledges that … Read More »
Celebrity entertainment outlets often cover the legal skirmishes of Hollywood’s rich and famous. In addition to their entertainment value, these stories occasionally illustrate lessons applicable to daily life. Recently, an article on People.com detailed the protracted custody battle between actress Kelly Rutherford and her ex-husband, Daniel Giersch. The article alleges that over the course of their three-year case, Ms. Rutherford failed to notify Mr. Giersch of the birth of their daughter and accused him in court documents of dealing drugs and weapons internationally.
However, her allegations may have backfired on Ms. Rutherford, as they apparently led to the revocation of Mr. Giersch’s visa, which ultimately caused the court to decide that it was in the children’s best interest to remain in Monaco, where both parents could have regular contact with them. This was understandably upsetting to Ms. Rutherford, as she is a cast member … Read More »
Marital Settlement or Property Settlement Agreements are contracts which can settle by agreement all of the rights, interests, and obligations of separating or divorcing parties, and can also resolve all claims or demands each might have against the other. A Settlement Agreement lays the foundation for a couple to proceed with an uncontested divorce. And, where the parties have no minor children, an executed Settlement Agreement shortens the separation period necessary before filing for divorce in Virginia from 12 months to only 6 months.
The typical Property Settlement Agreement covers division of assets, division of debts, and spousal support, as well as child custody, visitation and child support, if applicable. Full and comprehensive agreements can remove the need for expensive and time-consuming litigation. Settlement Agreements also afford the parties greater control over the results of the termination of their marriage, instead … Read More »