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June 2018 Archives

Can DNA evidence be expunged in Virginia?

When it comes to violent crimes, a person in Virginia may be convicted based, at least in part, on DNA evidence. Other times, investigators will collect DNA evidence from a crime site, with the intent of locating or charging the alleged perpetrator. However, DNA evidence is not infallible, and sometimes a person will be charged or convicted of a crime they did not commit based on the wrong DNA evidence. When this happens, what will happen to the DNA evidence, and how will it affect the accused?

Being charged with DUI is a serious issue in Virginia

Whether it is a summer wedding, a backyard barbecue, at the ballgame or during happy hour, many people in Virginia will celebrate such events with a drink or two. Most people in Virginia are responsible drinkers. However, the dangers associated with drunk driving are well known, so when Virginia residents are out drinking, they will either moderate so they don't become intoxicated, ride with a designated driver, take a cab or stay where they are until they are sober enough to drive.

Virginians should think of their financial futures in a divorce

Financial issues can be a sensitive topic between spouses, and money is often at the root of many divorces. Once a couple in Virginia has decided to end their marriage, trying to reach an out-of-court settlement can help divorcing spouses, particularly when it comes to financial issues. This is because when it comes to executing a settlement agreement, each spouse has more of a say in the outcome of their divorce, which may make them more satisfied with the final result. However, there are a couple points couples should keep in mind when addressing money-related issues during their divorce negotiations.

How to modify a child custody arrangement

When two spouses divorce, one of the most contentious parts of the divorce involves child custody. Hopefully, in your case, you and your spouse can reach an amicable solution that suits everyone's needs. However, situations change over time. One or both of you may want to alter the agreement in the future.

What dispositions are available for juvenile crimes?

Making mistakes is just part of growing up. Some of the mistakes teenagers make are not very serious and serve as a good learning experience. However, sometimes teenagers make poor decisions that have more serious consequences. For example, if a teenager in Virginia possesses drugs, commits a traffic offense or consumes alcohol, he or she could be criminally charged. Fortunately, except for very serious offenses, there are options when it comes to the disposition of juvenile crimes.

Unmarried parents may face paternity and child support issues

Having a child outside of marriage is not as taboo today as it once was. In fact, many unmarried couples in Virginia have a child, and they are both good parents, raising the child in a healthy and happy environment. However, if their relationship sours and they end up breaking up, they will still face the issue of child support, just like a married couple would.

The changing face of family law and women in the workforce

Decades ago, it was the norm for men to "bring home the bacon" and for women to be stay-at-home moms. However, the dynamics of women in the workforce have changed, and these days it is not unusual for women in Leesburg and nationwide to obtain jobs in which they earn more than their husbands. This may be a step in the right direction for both women and men with regards to equality in the workplace, but it also has a significant effect on family law issues.

Just how far does the expectation of privacy extend?

In a unanimous decision, the U.S. Supreme Court issued a ruling stating that those who borrow a rental car from a relative or friend must be afforded the same police search and seizure protections that the person authorized to drive the vehicle would enjoy. In its decision, the court ruled that a person has a reasonable expectation of privacy if they are legally driving a rental car, even if they are not technically the authorized driver of the vehicle.

When can police perform a DUI stop in Virginia?

Memorial Day is the unofficial start of summer across Virginia. People have cook-outs, go to the park, go camping or go to their favorite beach or swimming pool. For many, the three-day weekend is a welcome respite from the daily grind. And, at many of these celebrations, beer, wine and liquor will be served. As a result, Virginia police will be on the lookout for drunk drivers. If a person is pulled over on suspicion of drunk driving, they may wonder whether the traffic stop was lawful, especially if they are sober.

Virginians can plan for their child's college costs post-divorce

Getting a college education is a dream many parents in Leesburg have for their children. However, paying for college these days is not cheap. It can cost parents anywhere on average from $20,770 to $46,950 per year, depending on whether the college is a private college or an in-state school. Some parents may have set aside a savings account when their child was young, with the intention on using it to pay for their child's college education when the time comes.

Annulment may be an option for some Virginia couples

Not every marriage in Virginia is entered into by two people who are deeply in love with one another. Sometimes, one party keeps something of great importance a secret from the other party, only for the truth to be exposed after the marriage vows are said. Or, perhaps a party was intoxicated when they got married, or they were coerced into the marriage. Any of these situations could make a person regret having gotten married in the first place. People in such situations may think that divorce is their only option, but for some, annulment may also be a means for ending the marriage.

What charges could be filed after a fatal car crash in Virginia?

Memorial Day weekend gives many Virginia residents a much-needed respite from the rat-race of the working world. People go camping, go to parties and cook-outs, go to the beach or simply relax in their own backyards. Memorial Day is also a popular time for people to kick back with a drink or two. While most people in Virginia will handle their alcohol responsibly, that doesn't mean that once they get in their cars that they won't be involved in a car accident.

Under current law, the sale of marijuana is illegal in Virginia

While the use of marijuana for medicinal or recreational purposes is starting to gain acceptance nationwide, in Virginia the possession, cultivation and sale of marijuana is still illegal. This may go against what some people believe is a harmless drug that should be legalized. But, as of right now, those who possess, cultivate or sell marijuana in Virginia are breaking the law, and will be penalized if convicted on drug charges.

Violating the open container law could lead to criminal charges

When a person in Virginia goes to the liquor store to buy alcoholic beverages, they may put these beverages in the passenger area of their car with no intent of consuming them until they get home. Other times, they may have been to a restaurant where they purchased a bottle of wine, but since they didn't finish it, they decided to take it home. Or, perhaps they brought some alcoholic beverages to a party, but had some of the beverages left over when the party ended, so they put the beverages in their vehicle to take home. In all of these cases, a motorist should make sure these beverages are not open or they could, under certain circumstances, be charged with driving under the influence of alcohol.

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Leesburg, VA 20176

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