Leesburg Virginia Drunk Driving Defense Law Blog

When may courts deviate from statutory child support guidelines?

On behalf of Sevila, Saunders, Huddleston & White posted in Child Support on Tuesday, December 11, 2018.

Virginia, like other states in the nation, has statutory guidelines that dictate how much child support a parent will owe. However, these guidelines are not ironclad. A parent, in certain circumstances, can rebut the presumption that the statutory guidelines should be followed. The following are some factors the court will consider when determining whether it is appropriate to deviate from the commonwealth's statutory child support guidelines.

One factor is the financial support a party is giving to other current or former family members. The parents' child custody arrangements may also be considered, which includes expenses associated with traveling in order to exercise visitation periods with the child. The court may consider any imputed income to a parent who is voluntarily under-employed or unemployed, with some exceptions. Child care costs associated with the custodial parent's pursuit of education or training that will allow them to earn a higher income may also be considered.

What happens if a juvenile is tried as an adult in Virginia?

On behalf of Sevila, Saunders, Huddleston & White posted in criminal defense on Monday, December 10, 2018.

Many teenagers in Virginia get into trouble from time to time. After all, making mistakes is part of growing up, and teenagers may not have the maturity to understand the consequences of their actions. Sometimes a poor decision doesn't break the law and it is up to the teenager's parents to punish the child. However, other times a teenager may be accused of committing a very serious crime and may be facing the prospect of criminal proceedings.

Under Virginia state law, juveniles who are age 14 and older when an alleged crime took place may be tried as an adult, depending on the type of crime reportedly committed and other circumstances. It is important to understand how being tried as a juvenile differs from being tried as an adult. This is because the two processes provide the juvenile with different protections.

Virginia law permits annulments in certain circumstances

On behalf of Sevila, Saunders, Huddleston & White posted in family law on Tuesday, December 4, 2018.

Most Virginians know that one way to end a marriage is through a divorce. After all, even if they have not gone through a divorce themselves, it is likely that they know someone who has. However, there is another way to end a marriage in Virginia: through annulment.

It is important to understand the difference between an annulment and a divorce. In a divorce, the court is recognizing that a marriage legally existed, and through divorce, that marriage has now legally ended. Annulment, on the other hand, makes it so that the marriage is void or voidable. This means the marriage never legally existed at all. Some people may want to seek an annulment over a divorce for religious purposes or for other very personal reasons.

What defenses may be available to Virginians facing drug charges?

On behalf of Sevila, Saunders, Huddleston & White posted in criminal defense on Monday, December 3, 2018.

Whether it is possession of marijuana or possession of a more dangerous substance, such as methamphetamine, drug possession is a serious crime in Virginia. With penalties such as years behind bars, steep fines and a criminal record at stake, it is important to take possession charges seriously. The following are some examples of defenses that might be used to counter drug possession charges.

One possible defense against drug possession charges is that the alleged drugs were obtained through an unlawful search and seizure in violation of the Fourth Amendment of the U.S. Constitution. In general, the police need a valid search warrant or "probable cause" to believe a crime has been committed to perform a search or seizure, although there are exceptions. If the search or seizure of evidence violates the accused's Fourth Amendment rights, then that evidence cannot be used against the accused. In drug possession cases, this may mean that the charges against the accused will be dropped.

'Parallel parenting' in shared child custody arrangements

On behalf of Sevila, Saunders, Huddleston & White posted in Child Custody on Tuesday, November 27, 2018.

Divorcing parents in Virginia may be eager to cut ties with one another and go their separate ways. However, despite the end of their marriage, parents will still have one tie to one another -- their need to raise their child together. Sometimes parents are on good enough terms with one another that they can "co-parent" -- that is, make major life decisions on behalf of the child together and agree on the day-to-day raising of the child. This can be the case if parents share legal custody and physical custody.

However, many times parents aren't so amicable post-divorce. That being said, they need not give up hope of co-parenting entirely. "Parallel parenting" might be a way they can raise their child or children together without necessarily having to consult each other on every single issue. In general, through parallel parenting, parents will make major decisions regarding the child's life together but will let each other parent their own way on a day-to-day basis with little interference.

What if you are stopped at a DUI checkpoint over the holidays?

On behalf of Sevila, Saunders, Huddleston & White posted in dui/dwi on Tuesday, November 27, 2018.

Thanksgiving is a time when most Virginia residents spend time with their loved ones celebrating the good fortunes they have in life. Part of the celebration is good food and, for many, an alcoholic beverage or two. Thanksgiving is also one of the busiest travel times of the year. It may be for these reasons that in Virginia, DUI checkpoints are set up around holidays when people may be drinking.

How can the police pull a motorist over if there is no reasonable suspicion to believe the motorist is breaking the law? Doesn't this type of DUI stop violate the motorist's 4th Amendment rights against illegal search and seizure?

What constitutes the crime of identity theft in Virginia?

On behalf of Sevila, Saunders, Huddleston & White posted in criminal defense on Tuesday, November 20, 2018.

In the age of the Internet, it may seem like identity theft is becoming a greater issue than ever. People in Virginia not only purchase items or do their banking in brick-and-mortar locations, but now they make many financial transactions online. But, in either case it is possible that a person can be accused of identity theft, which is a very serious crime.

Under §18.2-186.3 of the Code of Virginia, it is illegal for a person to intentionally use the identity of another individual, without that individual's consent, to commit certain fraudulent acts for the person's own gain. One of these acts is obtaining the identifying information of another individual that is not publicly known to help access that person's financial resources, identification documents or other benefits belonging to that individual. Another act is using another's identity to acquire money, use that person's credit, secure a loan or purchase goods or services.

Business valuation may be necessary in some divorces

On behalf of Sevila, Saunders, Huddleston & White posted in financial and property issues on Monday, November 19, 2018.

Many business owners in Virginia see financial success as they run their enterprises. This success can occur during marriage, meaning that both spouses benefit from it. However, not every marriage is meant to last and some couples will end up seeking a divorce. This means that, as part of the property division process, the business must also be divided. Before that can happen, however, there may need to be business valuation proceedings.

Business valuation proceedings will address issues that are important to the fair and appropriate division of a business. These proceedings will determine how each party shares ownership in the business, or how much stock and other investments they have in the business. Business valuation proceedings will also identify business real estate, what company benefits the spouses enjoy and what retirement plans the couple has through the business. All these things contribute to the value of the business. Once the value of the business is ascertained, it can be divided equitably.

Defenses exist against the crime of sexual assault

On behalf of Sevila, Saunders, Huddleston & White posted in criminal defense on Tuesday, November 13, 2018.

Allegations of sexual crimes are very serious. If a person in Virginia is convicted on sexual assault charges, not only may they face fines, incarceration and a criminal record, but they may also have to register as a sex offender. This could significantly limit where they can live or even what occupations they may pursue. Thus, it is essential that they formulate a strong defense strategy that will clear their name.

There are several defenses that a person can use to argue that they should not be found guilty of sexual assault. Two of these defenses are innocence and consent. Let's look at these defenses in greater detail, to gain a better understanding of them.

What are the two types of divorce in Virginia?

On behalf of Sevila, Saunders, Huddleston & White posted in family law on Tuesday, November 13, 2018.

Most people getting married in Virginia do not anticipate their marriage might end in divorce, but that is the reality for some people. In Virginia, there are two different ways a person can end their marriage. A person can seek a divorce from the bond of matrimony or a divorce from bed and board.

People may be familiar with a divorce from the bond of matrimony. This is a divorce that, after a certain period of time has passed, completely ends the marriage. A divorce from the bond of matrimony must be based on one of several grounds, the most common being a "no fault" divorce. Once the divorce is complete, the spouses may marry another individual.

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