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Leesburg Virginia Drunk Driving Defense Law Blog

Custody decisions made during divorce can change your life

We all understand the stresses associated with divorce. It seems like there are countless decisions that need to be made including property division, possible spousal support or alimony, and if children are involved, child custody and child support.

It should come as no wonder that decisions involving children are among the most hotly contested between spouses. Parents love their children, and only want what's best for them. Unfortunately, their opinions often vary, which can lead to disagreements which may become hostile. If divorcing couples are unable to come up with mutually agreeable decisions regarding aspects of their divorce, it will inevitably wind up on court.

Protect your future when facing criminal charges

Humans make mistakes. We understand that. Often, these mistakes are harmless. But at other times, we may let our emotions get in the way, or ignore better judgement and do something illegal. This could lead you in jail facing criminal charges.

Here at Sevila, Saunders, Huddleston & White, we understand the importance of fighting in the courts on behalf of our clients. We proudly served the Leesburg, Virginia, area for more than 40 years. Our firm covers many aspects of law, including criminal law such as drug charges, DWI, juvenile crimes and assault charges; family law such as child custody, child support spousal support or alimony, and prenuptial agreements; and financial and property issues such as property division, inheritances, and the division of assets. We have been honored by Virginia Business as a Legal Elite, and have been recognized by a Washington magazine as a Top Divorce Lawyer. No matter your situation, we are here to help.

Are divorce agreements or judgments set in stone?

The parties going through a divorce may come to their own agreements on issues such as child custody and spousal support, or the matter may go to trial. Whatever the case is, divorce agreements and judgments are not necessarily set in stone.

For example, if you agreed to pay spousal support or were ordered to and then get laid off from your job, you could seek a modification. The same principle applies if your hours were drastically cut back. The judge will probably want to see that you have made efforts to find comparable work, though.

Local zoning laws may threaten your real estate plans

Issues can arise during the purchase, sale, development, construction, financing and/or leasing of commercial and residential real estate. A recent Whole Foods development in a neighboring community provides context.

Developers Must Comply with Zoning Rules

Why is a trial sometimes needed in a divorce?

Although negotiations may resolve a majority of divorce cases, some still require divorce litigation. Specifically, if the parties in a divorce are unable to resolve one or more issues, a trial is a time-tested way of finalizing the proceeding.

In a recent example, a spouse filed for a divorce from her husband, who owns a business. To the extent an immediate divorce is not possible, the wife requested a bifurcated divorce. The wife seeks an immediate divorce. A trial, scheduled at a later date, would resolve the property and debt division issues. In this instance, litigation is needed because of the complexities involved in dividing business assets during a divorce.

Are there any defenses available against BAC evidence?

In Virginia, the law requires that an arrest for driving under the influence be supported by probable cause. Today’s post examines the evidence needed to meet that showing, and as well as possible defenses.

Readers may recall that the legal limit for DUI is a BAC level of 0.08. Yet a breath test result below that level does not necessarily put a driver in in the clear. In fact, a slightly lower BAC level, such as 0.07 or 0.06, combined with other traditional factors of intoxication, might be enough to sustain a conviction for impaired driving.

What does implied consent mean?

In Virginia, an arrest for driving under the influence, or DUI, triggers the state’s implied consent law. Implied consent deems that a driver implicitly consents to a chemical test, such as blood, breath, or both, within 3 hours of the DUI arrest. 

Our DUI defense law firm generally advises cooperation with an officer up to the point of an arrest. After the arrest (and accompanying Miranda warning), we advise a driver to answer additional questions from the officer only in the presence of an attorney.

Are there special issues to consider in a gray divorce?

Although divorce can happen at any age, a recent report indicates that the risk of gray divorce, for couples over age 50, is not evenly distributed.

According to a 2016 research paper form the National Center for Family & Marriage Research, empty nest syndrome is not a triggering factor in gray divorces. The research also ruled out chronic illness and retirement as factors. Contrary to conventional wisdom, it seems that gray divorces are protected by values common to any age group: marital quality and economic security.

Are federal authorities revamping the war on drugs?

Is the Trump administration giving the war on drugs a reboot? A recent press statement from Attorney General Jeff Session gives that impression.

Specifically, Sessions has called for more severe penalties for drug crimes, including mandatory minimum sentences. Under the leadership of former attorney general Eric H. Holder, federal prosecutors were encouraged to use their discretion when charging defendants, especially if certain offenses would trigger the mandatory minimum sentencing guidelines. The eligibility criteria identified defendants who were not associated with large-scale drug trafficking organizations, gangs or cartels.

Co-parenting tips: How to make it work

Once the divorce is over, the assets are split and the children have adjusted to their new normal, it is up to the parents to ensure that co-parenting works. You may have divorced your spouse, but your children are still your responsibility and part of your life.

Co-parenting can be difficult, especially when there is bitterness or anger between you and your ex. To help you maintain a good relationship with your kids, there are a few co-parenting tips to make it work.

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