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Leesburg Virginia Drunk Driving Defense Law Blog

Understanding Virginia's drugged driving laws

Most people are familiar with drunk driving laws. However, drugged driving receives a lot less attention. It is important for people from all backgrounds to recognize that driving while under the influence of prescription medications or illegal substances is a serious offense. 

People arrested for driving while intoxicated need to seek legal help right away. During this time, it will be beneficial to understand the nuances of the law and what could happen if a conviction occurs. 

Family law: not every type of separation is the same

Married couples in Virginia who are unhappy with their union may want to separate prior to divorcing. They have some options, however, when it comes to separation.

One option they have is a trial separation. If two spouses live separately (even if it's in the same home) and are contemplating whether they wish to keep living separately, this is considered a trial separation. In general, a trial separation is not formally recognized by law. However, if the couple does decide to divorce, the property obtained and debts accumulated while separated will be considered marital assets and liabilities and will be treated as such during the divorce.

How might a divorce in Virginia affect one's retirement plans?

Couples in Virginia who worked hard for decades at their place of employment look forward to the day they are able to retire. However, sometimes life throws a curve ball, and a couple divorces before they are retired. This could have a significant impact on their retirement plans.

For example, before the divorce they were planning on having shared finances during retirement. Moreover, they may have planned to continue living in the marital home, especially if it was paid off, and they may have been counting on staying on their partner's medical plan. However, after a divorce, they will have to plan on relying only on their own retirement income, although they may receive spousal support. Moreover, they will have to decide whether to keep the family home, remembering that the home still needs to be maintained and taxes must be paid.

What rights do Virginia juveniles have when accused of a crime?

It is understood that teenagers do not have the same maturity or ability to reason that adults have and, therefore, may make poor decisions. Other teenagers may simply be at the wrong place at the wrong time when a crime is allegedly committed. Still other teenagers, simply because they are teenagers, may be accused of being troublemakers. With all this in mind, when it comes to the prosecution of juvenile crimes, it is not always fair to put a teenager through the same court process as an adult.

The Commonwealth of Virginia recognizes this and has a separate Juvenile and Domestic Relations District Court. This court presides over cases in which a juvenile is accused of committing some sort of delinquent (criminal) offense, traffic offense or status offense. This court also provides juveniles with a certain amount of privacy and confidentiality, the possibility of rehabilitation and will not subject them to a jury trial.

Looking for a child custody alternative? Try 'nesting'

Virginia parents who are divorcing may assume that the obvious, and indeed the only, choice they have is to establish two households, wherein the child will shuttle back and forth between, depending on which parent has custody or visitation at the time. That being said, parents getting a divorce also want to minimize the stress the situation causes their child. For this reason, some parents are adopting a rather unconventional child custody arrangement: nesting.

Through nesting, the spouses keep the family home (the proverbial nest), along with a separate apartment for each spouse. The child lives in the family home, and it is the parents who shuttle back and forth between the family home and their separate apartment depending on who has custody or visitation at the time. The hope is that by staying in a familiar environment, less stress will be placed on the child.

When is it illegal to possess a prescription drug in Virginia?

The advent of prescription drugs is a wonderful thing. For example, prescription antibiotics can save lives. Other prescription drugs can provide relief from innumerable medical conditions, from heart disease to diabetes to mental health issues, and many more. In addition, prescription painkillers can make an otherwise unbearably painful medical condition tolerable.

However, it is important to note that possessing a prescription drug in some cases can be against the law in Virginia. Per Virginia Statutes section 18.2-250, it is against the law for someone to knowingly or intentionally possess a prescription drug unless they have a valid prescription for it. Therefore, if a person possesses a prescription drug that was not prescribed to them, this is against the law. The penalties associated with the violation of this statute can range anywhere from a Class 4 misdemeanor to a Class 5 felony, depending on the type of controlled substance the prescription drug falls under.

What does it take to get an annulment in Virginia?

Sometimes couples in Virginia get swept off their feet, and rush to the alter to be married as quickly as possible. However, they may come to the realization soon after the fact that they really never should have gotten married at all. While it may seem like divorce is their only option at this point, in some situations it may be possible to seek an annulment of the marriage.

Annulment is not the same as divorce. In a divorce, it is recognized that the couple was legally married and through divorce is undoing that union. An annulment, on the other hand, essentially makes it so that the couple's marriage was never recognized by law and is therefore "erased." With that in mind, Virginia couples may wonder what situations would lead to an annulment.

Trial date set for priest accused of drunk driving

It may not seem like a big deal to have a couple drinks at a friend's house, whether it is with dinner or simply as a means to bond and relax. However, sometimes a person in Virginia who operates a motor vehicle after drinking is accused of drunk driving, which could have a major impact on their future, especially if they are in a position of leadership.

A date has been set for the trial of a Virginia priest accused of drunk driving. The trial will take place in September. The priest, age 64, has been charged with misdemeanor second DUI offense in five to 10 years. He was due to be in court earlier in July, but the prosecution and defense have agreed to continue the bench trial until the end of September.

Attorneys are prepared to address your child custody issues

When married parents in Virginia divorce, or unmarried parents break-up, it not only significantly impacts their lives -- it means big changes for their child's life too. After a divorce or break-up, children must get used to living in two separate households and only being in the care of one parent at a time. This can be very stressful for a child to get through, even if the divorce or break-up is amicable. Therefore, most parents in these situations want to see that their child's best interests are protected.

In addition, there are a myriad of issues surrounding child custody and visitation that may come up. Of course, a child custody and visitation schedule will need to be established. This includes determining whether parents will share joint legal custody or sole legal custody, and determining whether parents will share joint physical custody or whether one parent will have physical custody and the other parent will have visitation rights.

Recovering from juvenile criminal charges

Adolescence is a stressful time for a range of different reasons. In addition to the pressure of impending adulthood, many teenagers struggle to fit into a social group and juggle the responsibilities of making decisions about the future. All of these factors can make adolescents vulnerable to temptations such as drug experimentation and other problematic behaviors. When this results in legal trouble, it is time to address the problem.

When juveniles face criminal charges, it is actually a great opportunity to face issues problems head-on and prevent them from developing into a lifelong problem. According to the Office of Juvenile Justice and Delinquency Prevention, as many as 2,750 youths are arrested each year, but there are steps you can take to help your teenager recover from this misstep.

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