You’re a resident of Fairfax County and you have just received every parent’s nightmare—a phone call from the police telling you that your child has been arrested and will be facing criminal charges. For many parents, this will be your first interaction with the justice system and it is important to know that the juvenile system in Fairfax County is nothing like what you see on Law & Order or other TV shows. In fact, the juvenile system is so different from the adult criminal system in Fairfax, in terms of procedure and terminology, that many long-time attorneys find it confusing.
Every criminal charge for a juvenile in Fairfax starts with a “petition” (as opposed to a warrant or indictment for adults). The petition will state the child’s name and address, the name and address of the child’s parents and/or guardians, … Read More »
Have you ever felt that there is never a cop around when someone else is violating a traffic law, but the one time you go slightly above the speed limit or make a rolling stop through a stop sign, there’s sure to be an officer watching? An officer who just can’t wait to pull you over and write a ticket?
Traffic violations are often no respecter of persons. Many fine, upstanding, law-abiding citizens receive them. They are not generally a reflection on one’s moral quality. But it feels that way when we receive them, and we want to have a way to redeem ourselves to avoid the stain of that mark against our driving record. We don’t want the points, and we don’t want the insurance premium increase.
So instead of prepaying the offense, we take time from work or school, we … Read More »
If you are in the process of getting a divorce or fighting for custody of your children in Fairfax County, you may need information from the opposing party concerning his or her assets, living situation, sources of income, etc. This is where the discovery process comes in. The discovery process is an evidence-gathering opportunity for you to gain information that you would not otherwise have on your own. There are two types of discovery: (1) informal discovery, where parties and their attorneys voluntarily exchange documents and information, and (2) formal discovery, where litigants extract information from each other through written discovery requests, which carry deadlines for response and may be enforced by court action.
The discovery process may vary according to the court in which you file. In the Juvenile and Domestic Relations Court you must request permission from the court … Read More »
The Fairfax County Courthouse (called the “Jennings Judicial Center”) is the busiest courthouse in the Commonwealth. The Fairfax Circuit Court judges strive to ensure that the Circuit Court criminal and civil dockets run as smoothly and expeditiously as possible. As per the Constitution of the United States, persons charged with crimes are guaranteed the right to a speedy trial. This requires the Circuit Court to implement strict procedures to guarantee that the civil docket, including divorce cases, can proceed in a timely manner.
As discussed by Matthew Smith in Navigating The Fairfax County Courts, civil motions are heard on Fridays in Fairfax Circuit Court. One of the most common motions heard on Fridays are motions related to “pendente lite” (pending final resolution) relief. A divorcing party can use a motion for pendente lite relief to seek a number of different remedies including, … Read More »
If you have a hearing or trial scheduled in Fairfax County, the Fairfax County Courthouse (called the “Jennings Judicial Center”) may at first seem overwhelming. The busiest courthouse in the Commonwealth of Virginia sees approximately 20,000 people enter on a weekly basis, and the enormous, $120 million expansion, which was completed in 2008, only adds to the potential for intimidation.
When arriving, it’s important to note that the public parking garage is a 5-10 minute walk to the main entrance. Long lines will often develop at the security checkpoint that everyone must traverse, so be sure to arrive early. An information desk is available past the security area to provide further assistance.
For cases in family law, which is my area of practice, the Circuit Courtrooms are located on the fourth and fifth floors, and the Juvenile and Domestic Relations (JDR) Courtrooms … Read More »