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Leesburg Virginia Drunk Driving Defense Law Blog

Improper police procedures may be your best criminal defense

Lawful procedures are vitally important to the criminal justice system. A defendant has a constitutional right to procedural due process, and a court may deem any evidence obtained by improper procedures to be tainted, and consequently inadmissible.

Yet procedures do not only apply to the investigative phase of criminal justice. As a recent story illustrates, proper criminal procedures must be followed throughout the entire phase of a case.

Could a postnuptial agreement save your marriage?

There are many reasons why one spouse might spend significantly spend more than the other, and they are not all bad. For example, a spouse might be launching a new business and taking out loans to get it off the ground.

Of course, there may also be more problematic causes, such as when a spouse falls into excessive credit card spending habits. When that spending turns into accumulating debt, a couple may need to have a serious conversation about their joint responsibilities. Even if only one spouse incurred the debt, the couple's marital estate might be in jeopardy.

What happens to your mortgage after divorce?

Divorcing means that you split your entire life from your spouse. Children, friends, assets and debts are just a few examples of the things that must be separated as you end your marriage. If you own a home and there are two names on the mortgage, you must decide what to do with the home and any equity in it.

Whether you are staying in the house or leaving, it is important that you know your options and make the right choice for your future.

Why a DUI charge could drastically alter your future

Whether you are a college student or a respected longtime member of the community, a DUI charge stands to drastically change your future. For some people, this occurs because they do not realize the severity of the charge. In fact, they may equate it to something just a little more serious than a speeding ticket. This frame of mind is a mistake.

The reality is that a DUI charge can lead to a conviction, which potentially brings a license suspension, fines and even jail time, among other consequences. And these are only direct effects.

Juvenile Crimes: Actions & Consequences - a two-part series

In this second installment, we’ll take a closer look at juvenile crimes in Virginia.

As a preliminary matter, the juvenile justice system has its own terminology, perhaps reflecting the rationale of rehabilitation. Indeed, lawmakers do not want a youthful indiscretion for a minor infraction to result in a permanent criminal record. For that reason, a juvenile crime is referred to as an offense, an arrest is termed being taken into custody, a trial is an adjudicatory hearing, a guilty conviction is being found delinquent, and jail is referred to as detention.

Juvenile Crimes: Actions & Consequences - a two-part series

According to a press statement made by the Director of the Northern Virginia Regional Gang Task Force, there is an alarming increase in juvenile crime and gang recruitment.

The article cited the example of a recent homicide of a Gaithersburg, Maryland girl. The investigation resulted in murder charges being brought against 10 individuals, nine of whom are juveniles. Yet this is not an isolated incident. In the past two years, over 20-gang-related murders have been committed in Southern Maryland and Northern Virginia.

Are immigration policies impacting wedding and prenuptial plans?

For most couples, an upcoming wedding is a major life event that  involves months of planning. However, recent changes in immigration policy may be having an unintended impact on this tradition.

According to a recent article, the new administration's immigration policies may be fueling an observable increase in hastily executed weddings. Some commentators suspect that immigrants have accelerated their relationship plans, seeking permanent residency status by marrying an American citizen. Even immigrants with valid visas may have new fears of being detained when reentering the country.

Can social media postings be interpreted as criminal?

Most people probably don’t take their social media postings too seriously. However, there are situations that warrant more care, as a recent story illustrates.

Specifically, a 16-year-old student in Washington, D.C. was recently charged as a juvenile with felony threats. Authorities arrested the student after they discovered his Instagram posting. The student had posted a photo of himself with a caption of “school shooter” and two emoji of guns.

Legal protections are available to victims of domestic violence

As a law firm with a comprehensive family law practice, we have helped clients navigate domestic violence allegations on both sides. We have helped victims of domestic violence, as well as those wrongfully accused of it, perhaps arising in the context of a contested divorce.

In Virginia, state law defines five primary categories of behaviors that may rise to the level of domestic violence: physical violence, emotional abuse, sexual assault, economic control and neglect. Our lawyers rely on that codified authority when offering legal advice.

Contractors may need to appear before their local zoning board

Although local communities often welcome small business development, such matters typically must go through zoning and land use permitting. In a recent example, Leesburg officials discussed the ratio of commercial to office use in a development called the Village at Leesburg.

The debate was prompted by a modification request from the developers. The current permit allows for a ratio of commercial to office usage of 2.5 to 1.0, measured in square feet. The developers have leased the commercial space, but have encountered more difficulties filling the vacant office space. According to the developer, market conditions make it tough to fulfill the current ratio. For relief, the developer requested permission to build multifamily units on the remaining footage. 

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