Randall & Bruch, PCRandall & Bruch, PC2024-03-19T18:19:33Zhttps://www.valegalservices.com/feed/atom/WordPress/wp-content/uploads/sites/1502788/2023/08/RB_Favion.pngOn Behalf of Randall & Bruch, PChttps://www.valegalservices.com/?p=484322024-03-14T06:49:25Z2024-03-19T18:19:33ZWhat type of crime is a DUI?
First, let's break down what a DUI is. DUI stands for "driving under the influence," which typically refers to driving while impaired by alcohol or drugs.
Drugs can be recreational or certain prescription drugs if they impair your ability to drive, so make sure to double check your prescription bottles for warnings or talk to your pharmacist to make sure you can drive while on your medication.
Misdemeanor vs. felony
In Virginia, most DUI offenses are misdemeanors, which are significantly less serious than felonies. Felonies are serious. Think murder, or vehicular homicide. Yes, it's that bad, and the consequences are much worse when it is a felony.
When is a DUI a felony?
Virginia states that if any of the following exist, the individual charged commits a felony DUI:
The person has multiple DUI convictions
The person causes serious injury or death as a result of their DUI
The person is in the vehicle with a child while driving impaired
Consequences of a felony DUI
The consequences of a felony are significantly harsher than those of a misdemeanor. For example, a person convicted of a felony DUI could be looking at:
Lengthy prison sentences
Hefty court fines
Suspension or revocation of driver's license
Mandatory ignition interlock device installation
Probation
Mandatory substance abuse treatment programs
Speak with an attorney
If you or someone you know is facing a DUI of any kind, it is best to reach out to the best representation you can find. After all, you do not know right away how you will be charged, but an attorney can help you by guiding you through the process, advising you and advocating for you in court.
Felony DUIs carry penalties of many years and consequences that can last a lifetime, so make sure that, if this is not your first DUI conviction, you especially seek legal representation immediately. If law enforcement pulls you over because of a suspected DUI, do not speak with them and ask to speak with an attorney as soon as possible.]]>On Behalf of Randall & Bruch, PChttps://www.valegalservices.com/?p=484302024-03-14T06:49:18Z2024-03-19T06:48:55ZMental health in custody cases
When mental health arises in divorce proceedings, the courts approach the matter with sensitivity and caution. After all, one in five Americans lives with a mental health illness. That is a significant number, and the courts understand how prevalent it is.
The court also recognizes that mental health conditions vary widely in severity and impact. From depression to anxiety to more serious mental health conditions like bipolar disorder or schizophrenia, each condition can affect a parent's ability to provide a stable and nurturing environment for their child.
The best interests of the child
In Virginia, the overarching principle in custody decisions is the best interests of the child. What does this mean? Well, it means the court takes a look at a series of factors to determine what custody arrangement will promote the child's physical, emotional and psychological well-being.
A parent's mental health is one factor, but only one factor. There are many others, such as the bond between the parent and the child, who cared for the child prior to the divorce and in some cases, if the child is mature enough to address the court, the child's preference.
Parental fitness
When making custody decisions, the court needs to make sure that the parent is fit to raise their child. Going from raising a child as a married couple to raising a child alone is a difficult transition, and the situations are not the same.
Will both parents have to work? How old is the child and are they breastfeeding? If the child is older, who takes them to all their activities? Will the parent that used to take them to all their activities be able to continue, or will they have to work after the divorce?
The entire picture
In other words, the judge is looking at the entire picture and not just one factor. When the court hones in the factor of parental mental health, it will want to know:
What condition the parent has,
If the parent has been under treatment and for how long,
If this is a life-long condition or if it was recently developed,
How well the parent complies with recommended treatment,
Professional opinions from a counselor or psychiatrist.
The answers to these questions help the court understand the nature of the illness and how it affects the parents, which helps the court understand how it will affect the child.
In Virginia, the presence of mental health issues in a divorce does not automatically disqualify a parent from having custody of their child. However, the court will look closely at the parent's mental health, how it affects them and their ability to parent, and will make a decision based on that and all other relevant factors.]]>On Behalf of Randall & Bruch, PChttps://www.valegalservices.com/?p=483652023-10-12T14:43:47Z2023-10-12T12:42:31ZEducation expenses
Parents are still responsible for paying child support if the child is still attending high school on their 18th birthday and is reasonably expected to graduate by the age of 19.
Special needs
If the child has special needs and requires ongoing financial support due to physical or mental disabilities, child support may continue indefinitely or for an extended period as determined by the court.
Agreement between the parties
Parents can also agree to extend child support beyond the typical cutoff date if they both consent to it. Some parents, for example, choose to set an age where child support will cease. For example, on a child’s 25th birthday.
As for the child support amounts that parents must pay, parents can either agree to a certain amount, so long as the judge allows it, or they can follow Virginia’s child support formula, which exists to calculate the amount of child support that a child should receive considering a variety of factors, including:
The parents’ income
The custody arrangement
The child’s health needs
Potential disabilities
It is important to note that every situation is different and specific circumstances can impact the duration and amount of child support obligations.
The purpose of child support is to provide children with what they need to have a happy, healthy life.]]>On Behalf of Randall & Bruch, PChttps://www.valegalservices.com/?p=483642023-08-22T17:49:01Z2023-08-22T17:49:01ZChild support
Child support can be one of the most complicated matters for divorcing couples to reach an agreement on. The amount a parent pays in child support is usually related to how much time they spend with the child, the parent's financial situation, and what the child is accustomed to.
Changes in parents' life circumstances
However, Virginia courts understand that life can be bumpy and circumstances change. People have financial highs and lows in their lives, they can change jobs, which can affect the income that a parent or both parents bring in, and the child's needs can also change over time.
Modifications of child support orders
Both parents can request Virginia courts for a child support modification that reflects their circumstances change. For example, if a parent loses their job, they can file a motion to modify child support.
Likewise, suppose a parent is promoted, and their income increases significantly. In that case, the other parent can request that the court reevaluate the child support the other parent pays.
The court has the ultimate say in modifying child support orders. It can change orders if a parent's circumstances change significantly.
This is important because parents frequently think that any change, no matter how small, can prevail in a request to the court to modify child support. However, that is not necessarily so. Knowing what the court deems a critical and material change warrants a possible modification is essential.
]]>On Behalf of Randall & Bruch, PC https://www.valegalservices.com/?p=483242023-07-19T20:10:13Z2023-07-19T14:09:59Za complex process. Dads claiming to be the biological father have options, specifically signing a Voluntary Acknowledgement of Paternity (AOP) form at the facility where the child is born.
A complex process
Filing the form can result in their name appearing on the birth certificate. From there, they can also submit to a voluntary DNA test to bring clarity to parenthood. Subsequently, custodial parents can pursue child support, while noncustodial parents may pursue custody and visitation agreements.
Conversely, some purported dads deny parentage, forcing the biological mother to file a Petition to Establish Paternity in the appropriate district court where the child resides. Should the father ignore the petition and not appear in court, judges have the option of default orders that declare them to be the legal father.
Proving parenthood
An order to force genetic testing could be the next step, likely resulting in a child support order upon confirmation. When it comes to custody and visitation, the court is unlikely to take sides. However, the child’s primary caregiver would likely have more of an advantage as they have been with the child since birth.
Establishing paternity does not mean prioritizing one parent over the other regarding time spent with children. As with any aspect of family law involving children, their best interests take priority.
Fathers who suspect they have a biological link to a child should take proactive steps sooner rather than later. What is best for a child is to have two parents putting aside their differences to focus on the well-being of their offspring.]]>On Behalf of Randall & Bruch, PC https://www.valegalservices.com/?p=483232023-06-20T21:40:52Z2023-06-20T21:40:52ZUnderstanding the protective order
Take the time to read and understand the protective order served upon you carefully. It is essential to familiarize yourself with the terms, restrictions and expiration date outlined in the document. Understanding these details will help you navigate the situation more effectively.
Complying with the protective order
It is vital to comply fully with the protective order. Violating the order can have severe legal consequences. Abstain from any contact or communication with the individual who obtained the order. Refrain from visiting places mentioned in the order, such as their residence or workplace. Adhering to the order's terms demonstrates respect for the legal process.
Fighting a protective order
Reach out to an experienced legal professional as soon as possible. They can provide invaluable guidance and support throughout this challenging time. A knowledgeable attorney will help you understand your rights, explain the protective order's legal implications and advocate for your interests.
If you believe that the protective order was obtained against you unfairly, you may be able to fight it. There are a few things you can do to fight a protective order:
Hire an attorney. An attorney can help you understand your legal rights and options, and they can represent you in court.
File a motion to dissolve or modify the order. This means asking the court to either end the order completely or change some of the terms of the order. You will need to file a written motion with the court and provide evidence that supports your request.
Attend a hearing on the order. If the person who obtained the order wants to keep it in place, they will need to go to court and ask the judge to do so. You will have the opportunity to attend the hearing and present your side of the story.
It is important to remember that fighting a protective order can be a long and difficult process. However, if you believe that the order was obtained unfairly, it is important to fight for your rights.
Family law and custody concerns
If you have concerns about family law and custody matters resulting from the protective order, it is crucial to address them promptly. Your attorney can assist you in understanding the impact of the order on your current custody arrangements. They will work with you to explore possible modifications to visitation schedules or help you navigate a custody evaluation if necessary. Their expertise and guidance can help you protect your relationship with your children during this process.
Collecting evidence and preparing for court
If you decide to contest the protective order, collaborate closely with your attorney to gather any evidence that supports your case. This may include text messages, emails or other documents that counter the allegations against you.
Being served with a protective order can be a challenging and emotionally draining experience. Remember to seek legal and emotional support as you navigate this situation. You are not alone; resources are available to help you through this difficult time.]]>On Behalf of Randall & Bruch, PC https://www.valegalservices.com/?p=483172023-05-04T14:12:09Z2023-05-04T14:12:09Zcontempt of court.
What to consider before planning a vacation
Here are some questions to ask before booking that flight for you and your child:
Is there anything in the custody agreement that states that no parent can take the child out of the country, if relevant, without the other parent’s consent, and if so, have you gotten their consent? It is always best to have consent via writing to ensure everyone is on the same page.
Regardless of where you’re going, do the dates of your trip interrupt the schedule specified in the custody agreement? Is your child supposed to be with the other parent during some of that time or all that time? If so, have you talked to the other parent and agreed to a change in plans? Most importantly, do you have this agreement in writing and signed by both parties?
Is there anything in the custody agreement that the judge ordered that addresses or places restrictions on summer vacations? If so, do your vacation plans violate that order? Remember that you cannot make exceptions to a court order without permission from the court. Ensure you get the green light from the court before booking your trip.
Are there any activities included in the trip that the other parent would object to? Parents often overlook this, but it is crucial. Remember that if you have joint legal custody and engage in an activity requiring the other parent’s consent, you must get that consent before doing it.
Summer vacation is an exciting time for parents and their children and a time for bonding and spending more time together. The court knows this and always considers the child’s best interests, often including spending time with both parents.
If you have a custody agreement that states what you can and cannot do, specifically if ordered by the court, ensure you follow the order or ask for a hearing with the judge to request an exception. Violating court orders can get you in serious trouble and hurt you in your custody case.
]]>On Behalf of Randall & Bruch, PC https://www.valegalservices.com/?p=483132023-03-31T19:40:13Z2023-03-31T19:40:13ZThe legality of warning other drivers
Virginia law prohibits drivers from using any device or method to detect or interfere with police radar or laser equipment. This includes radar detectors, jammers and any other electronic device that could interfere with a police officer's ability to track speed. However, the law is unclear on whether warning other drivers about speed traps is illegal.
According to a 2012 Virginia Supreme Court case, it is legal for drivers to flash their headlights to warn other drivers of police activity. However, this ruling did not specifically address the issue of warning drivers about speed traps. As a result, the legality of alerting other drivers about speed traps in Virginia is still somewhat unclear.
Could there be consequences?
While the legality of warning other drivers about speed traps in Virginia is not entirely clear, there are a few things you should consider before doing so. First and foremost, it's important to remember that doing so could result in legal trouble. If a police officer observes you warning other drivers about a speed trap, they could issue you a ticket for obstructing justice or interfering with a police officer's duties.
Additionally, warning other drivers about speed traps could potentially put other drivers at risk. Drivers not paying attention or unfamiliar with the area may suddenly slow down or swerve to avoid the speed trap, putting themselves and other drivers in danger.
While the legality of warning other drivers about speed traps in Virginia is not entirely clear, it's important to consider the potential legal and safety risks before doing so. Instead, consider slowing down when approaching areas where speed traps are known to be set up. By prioritizing safety and obeying traffic laws, you can do your part to make the roads safer for yourself and other drivers.]]>On Behalf of Randall & Bruch, PC https://www.valegalservices.com/?p=483052023-02-15T19:38:30Z2023-02-15T19:35:34Zit will not let you start the car. In Virginia, the device will also periodically have you retest your breath during a trip to check if you have drunk alcohol since starting out.
'Impaired' by cake or pasta?
You have probably heard of ignition interlocks before. What you might not know is how easy it is to register a false positive on one of them. That is because a wide range of foods, dishes and medications can make alcohol appear on your breath without actually getting you drunk. These include:
Any baked goods containing a significant amount of vanilla extract or yeast
Pasta with vodka sauce
Soy sauce
Red wine vinegar
Non-alcoholic wine and beer
Energy drinks
Baked goods with alcohol in them, such as rum cake
In addition, breath fresheners like mouthwash and breath spray can add alcohol to your breath even though you do not swallow them. Some cold and cough medications can cause a false positive, too.
Thus, eating a meal before driving someplace can be a hassle if you are not careful, especially if you dined at a restaurant or party and don't know what the ingredients were. Rinsing your mouth with water can help, as can waiting at least 15 minutes after eating or drinking before trying to use the ignition interlock.
Fight for a just outcome to your case
An ignition interlock violation can cause a litany of new issues, from revocation of restricted driving privileges to the imposition of suspended jail time the underlying DUI. Don’t let a false positive set you back! If you’ve been accused of an interlock violation, call the experienced defense attorneys at [nap_names id="FIRM-NAME-1"], today for a free consultation.
]]>On Behalf of Randall & Bruch, PC https://www.valegalservices.com/?p=482312023-01-06T16:01:51Z2023-01-06T16:01:51Zheavily taxed. Laws like the Contraband Cigarette Trafficking Act (CCTA) of 1978 enforce the payment of sales tax by vendors by banning black market sales. Virginia has a similar law. Specifically, vendors cannot receive, possess, transport or sell cigarettes without the proper Virginia Revenue Stamps, commonly known as cigarette stamps. Buying these stamps is the way that vendors pay taxes. Attaching a stamp to each pack or carton proves that those taxes have been paid. Even where taxes have been paid, it is illegal to possess more than a certain a quantity of cigarettes, as explained below.
How Virginia punishes unstamped cigarettes
Getting caught selling cigarettes without stamps in Virginia has expensive consequences. A first offense means a fine of $2.50 per pack, up to $500. The fines double for a second offense within 36 months. But if convicted for a third time in that time period, the court could order you to pay $50,000. And if the prosecution proves “willful intent… to defraud to Commonwealth,” you will be fined an additional maximum of $25 per pack, up to $250,000.
You could also face prison time. Possession of less than 500 packs of unstamped cigarettes with intent to distribute is a Class 1 misdemeanor punishable by up to twelve months in jail for a first offense. Possession with intent to distribute of 500 packs or more is a Class 6 felony, and a second offense or subsequent offense at that quantity is a Class 5 felony. That could mean up to 10 years in prison!
Where an individual is in possession of more than 30 packages, or three cartons, of unstamped cigarettes, there is a legal presumption that such possession is for the purpose of evading taxes unless the person in possession has been issued a permit to affix revenue stamps or is a retail dealer who has lawfully purchased cigarettes from such a permit holder.
How Virginia punishes trafficking of tax-paid cigarettes
Packs of cigarettes bearing the Virginia tax stamp are very popular on the black market in high-tax states such as New York, as the tax stamp is seen by many illegal purchasers as an indication that the cigarettes are not counterfeit.
Unlawful possession of tax-paid cigarettes can also land you in prison and subject you to significant financial penalties. It is a Class 1 misdemeanor punishable by up to 12 months in jail for a person who is not an authorized holder to possess with intent to distribute more than 25 cartons, but less than 200 cartons, of tax-paid cigarettes. Possession with intent to distribute of more than 200 cartons is a Class 6 felony, and a second or subsequent offense is a Class 5 felony. A Class 6 felony carries up to 5 years in prison and a Class 5 felony carries up to 10 years in prison.
What do I do if I’m charged with possession of cigarettes with intent to distribute?
A solid criminal defense strategy is necessary to confront this situation. The attorneys of [nap_names id="FIRM-NAME-1"], have extensive experience fighting cigarette trafficking charges. Christopher Daniels, for example, spent years as the prosecutor assigned to handle cigarette trafficking cases in Emporia before switching sides to defend those accused of cigarette trafficking. We have extensive experience litigating bond hearings and motions to suppress in cigarette trafficking cases. A motion to suppress is a pre-trial motion where these types of cases are often won. A motion to suppress would generally be made on the grounds that the stop or search of a vehicle was unconstitutional. If that motion is granted, all evidence recovered after the illegal stop or search, to include contraband cigarettes, would be excluded from being introduced as evidence in Court against the defendant. Every case is unique and having an experienced cigarette trafficking attorney on your side is crucial. Give us a call today at [nap_phone id="LOCAL-REGULAR-NUMBER-3"] for a free consultation.]]>