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Leesburg Virginia Drunk Driving Defense Law Blog

Is it smart criminal defense strategy to go to trial?

Is it good criminal defense strategy to reject a settlement offer and go to trial? Our Virginia criminal defense lawyers believe it unwise to provide a blanket answer to that question. Rather, we conduct a thorough investigation of a criminal case before coming up with an appropriate legal defense strategy.

Our review begins with the police arrest procedures, looking for any illegalities in conduct, such as entrapment or an illegal search and seizure. We also continually assess the litigation hazards of a case, remaining open to negotiating a plea with prosecutors in situations where it would best serve our clients’ interests.

Contested does not have to mean litigious in a divorce case

Could your divorce become contested over a technicality? It’s possible, as one Virginia woman and author of a comic coloring book about divorce has learned the hard way.

The author was married at a religious ceremony, but in the bustle of the wedding, the couple didn’t procure a Virginia marriage license until they went to their local clerk of court two weeks later. The couple sent it to the rabbi that officiated their ceremony, but he accidentally dated it a month later.

4 commonly asked questions about divorce in Virginia

Ending a marriage is rarely an easy or simple task. Divorcing couples face confusion and hardships regarding property division, custody and court procedures. Understanding Virginia divorce law gives divorcing couples the clarity they need to understand the process and get through it more easily. Here are the answers to some common questions about divorcing in Virginia.

Does a first DUI offense result in jail time?

In Virginia, the penalties for a first-time conviction for driving under the influence vary based upon the time period and the blood alcohol concentration (BAC). The legal limit is a BAC level of 0.08 percent, and additional jail time is imposed for levels above 0.15 and 0.20 percent.

In general, the jail time and fines for repeat DUI offenses are much more severe than a first offense. However, lawmakers have also imposed several requirements intended to deter first-time DUI offenders from making the same mistake. The result is a multi-faceted enforcement scheme.

Can you refuse to take a breathalyzer test?

In Virginia, the consequences for driving under the influence of drugs are the same as driving under the influence of alcohol (DUI), and both offenses implicate harsh consequences.

For starters, the scope of an officer’s DUI arrest power is broad. If there is probable cause to suspect drunk driving after a motor vehicle accident, an officer can arrest a driver for DUI up to three hours after the crash, without a warrant, and at any location.

Tip: Review the tax consequences of your divorce settlement

Property division can be a stumbling block in divorces where one spouse took a more active role in managing the marital finances. With the help of an experienced attorney, a forensic inventory of the estate can be prepared, and the task of dividing tangible and intangible assets can begin.

Yet divorce is also about preparing for one’s financial future. In this regard, our divorce and estate-planning law firm takes a special interest in our clients. That long-term view begins with understanding the financial impact of a divorce settlement, as well as any resulting tax implications. For example, the change in tax filing status from head of household to single may result in a less favorable tax bracket. The disposition of some assets, such as a mortgage, may also have tax implications.

Should you cooperate with police during a drunk driving stop?

With authorities stepping up enforcement efforts in Northern Virginia and across the state, a refresher on a driver's civil rights during a traffic stop may be in order. There are certain constitutional rights that every driver has, pursuant to the Fourth Amendment. Our criminal defense law firm is well acquainted with these rights because we focus on criminal law and drunk driving defense.

Accordingly, although a police officer may ask, a driver does not have to consent to a warrantless search of his or her vehicle. Of course, if the officer had probable cause to suspect criminal activity, he or she might not have to ask.

Are commercial foreclosure rates predicted to rise in 2017?

Has the American real estate market fully rebounded from the lending crisis and financial crash of 2007? A final repercussion from that situation has just surfaced, causing some commentators to ask hard questions about the future prospects of real estate investments and projects.

Specifically, a group of commercial mortgages totaling around $90 billion is maturing. The mortgages represent the leftover debt from the selling spree of 2007, when institutional investors purchased around $250 billion of commercial mortgage-backed securities. Unfortunately, landlords may not be able to pay off their borrowed cash, and new loans are not as easy to come by anymore.

Are new real estate regulations on the horizon?

Will the real estate industry see a shift under the Trump administration? Some commentators are already characterizing the new leader as the “Developer-in-Chief.”

However, a number of programs may need to be implemented in order to prime a real estate boom. One proposal involves about $137 billion in tax cuts. Commentators hope the cuts will generate private infrastructure investments of $1 trillion across the country.

When your ex is continually hostile

The break-up of a marriage is a very emotional experience. So, it's not surprising that a certain amount of hostility can go along with it. Ideally, this hostility would never get to unhealthy levels and would fade over time. However, this ideal situation isn't always what happens. For example, sometimes, a person finds that their ex-spouse continues to act in a hostile manner towards them long after the initial split.

Having to deal with a continually hostile ex-spouse during and after a divorce can be an exhausting experience for a person. It can add challenges to all of their communications and interactions with their ex. Given that there can be many instances during and after a divorce in which a person needs to talk to or interact with their ex, this could lead to a person regularly facing challenging matters regarding their ex.

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