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Leesburg Virginia Drunk Driving Defense Law Blog

Help with driving under the influence charges

Driving under the influence charges can refer to drugs or alcohol. Because DUI charges are so serious, and can apply to accusations of drugged driving and drunk driving, it is essential for accused drivers to know what to do when they wind up facing them.

There is a litany of potential penalties and consequences that can result from a drunk driving charge. Driving under the influence charges can lead to a big hit to both the personal and professional life and reputation for the accused individual. Accused drivers face the possibility of jail time, steep fines, suspension or revocation of their driver's license and restrictive probation conditions. In addition, even a DUI arrest can result in a criminal record that can haunt the accused driver for some time to come.

How an uncontested divorce is different than a contested divorce

An uncontested divorce differs from a contested divorce because neither spouse is contesting the divorce. This has important practical implications for the divorcing couple's divorce process that they should understand and be familiar with.

During an uncontested divorce, the divorcing couple generally agrees to the divorce and the divorce settlement agreement. This means that the divorcing couple agrees to the main divorce-related issues that need to be resolved. There are a couple of categories of divorce-related issues that couples need to resolve during divorce including financial issues, such as spousal support and child support, and the division of property which also has important financial implications. If the divorcing couple can agree to these concerns, and both agree to the divorce, an uncontested divorce may be a good option for them.

How do I establish paternity for my child?

Parents may want to establish paternity for both child support and child custody purposes. Establishing legal paternity of a child has many important implications including for child support and child custody but for emotional reasons as well.

The family law process serves as a resource for families looking to establish paternity. When a child is born while the parents are married, there is a presumption the husband is the father of the child. This is not true for unmarried parents so it is important for them to know how they can establish paternity. Paternity can be established after the birth of the child. If the parents get married following the birth of the child, they can sign a legitimation form establishing paternity. Additionally, paternity can be established voluntarily with a form that is signed and filed with the family law court.

Addressing different support concerns during a divorce

There are many different types of support issues that may come up during the divorce process. The family law system provides important resources to help guide divorcing spouses through their divorce and address their child support and spousal support concerns.

In some situations, one spouse, such as a spouse who remained in the home to care for children and the home, may be unemployed and lack the necessary skills or training to enter the work force. Additionally, children have a right to financial support from their parents which is why child support must be worked out between divorcing parents. If a request for spousal support is made, likewise, the divorcing spouses can agree to spousal support or the family law court can help them resolve their spousal support-related concerns.

Help with the adoption process

There is a lot that potential parents and families should know and understand about the adoption process. Adoption is an option to consider that can help families get started or to grow which is why it is worth it to be familiar with the process and also how to ensure all of the necessary legal technicalities that are part of the adoption process are taken care of.

The family law system serves as an important resource to help guide potential parents and families through the adoption process. It is helpful to first understand who can adopt and who can be adopted which is why it is useful for potential parents to understand the rules where they live concerning who can adopt and who can be adopted. Adoption agencies can be public or private agencies. The status of the child may vary based on whether the adoption agency is a public or private adoption agency so it is beneficial for prospective parents to understand the difference.

What is a sex offender registry?

A concern that accused individuals facing sex crimes charges may have is if they will have to register with a sex offender registry and what that means. Anyone facing sex crimes charges should understand what a sex offender registry is and the potential impacts of sex crimes allegations and charges.

A sex offender registry is essentially a database that is kept that includes information about those convicted of sex crimes. The information is primarily available to authorities to track and monitor those who have been convicted of sex crimes. However, some of the information may be available to the public. Each state maintains its own sex offender registry and the requirements for registration can vary by state so anyone who is required to register with a sex offender registry should be familiar with the requirements in their state or wherever they are living.

When can I challenge a Breathalyzer test?

Breathalyzer tests can be challenged under certain circumstances and accused individuals should know what those circumstances are. To produce reliable and accurate results, Breathalyzer tests must be properly maintained and calibrated and if they are not, it may be possible to challenge drunk driving charges that are based on a Breathalyzer test.

A Breathalyzer test may form the basis of drunk driving charges the accused individual is facing which is why it is important to know how they work and how to challenge them. Breathalyzer tests must be kept in proper working order and properly maintained according to a set schedule. How a Breathalyzer test is maintained, and how often it must be calibrated, varies by state law so accused individuals should be familiar with the requirements in their state.

What is expungement?

Expungement, also sometimes referred to as expunction, can be critically important to individuals who have been convicted of a crime, which is why they should be familiar with the expunction process. Many understandable questions may come up related to the expungement process that convicted individuals should ensure they have answers to.

Expungement refers to a legal process through which the court orders a criminal conviction to be erased or sealed which means that, in the eyes of the legal system and court, it does not exist. The process may also be referred to as setting a criminal conviction aside. Whether expunction is available, and the nature of the process for having a criminal conviction or arrest expunged, varies by state so individuals looking into having their arrest or criminal conviction expunged should understand the availability requirements and eligibility for expunction where they live and also where their conviction took place.

Understanding Virginia’s driver’s license point system

When you want to go to work, visit friends, shop for groceries or see a movie, you get behind the wheel of your vehicle. While you may not typically think twice about your driving privileges, too many moving violations may make it impossible to drive legally. 

Many states use a point system to encourage safe driving. Unfortunately, though, Virginia’s approach is somewhat confusing. Still, if you drive in the Old Dominion, you need to know about the commonwealth’s driver’s license demerit system. 

How is child support calculated in Virginia?

The manner of how child support is calculated in Virginia is important to both divorcing parents and unmarried parents. Those who will pay child support will want to know how to anticipate the child support obligation they will have and those who will receive child support will also want to know what to anticipate they will receive in child support. Fortunately, child support guidelines can help divorcing couples through their child support concerns.

Child support can also be an acrimonious issue for many divorcing couples so knowing how child support is determined is helpful to be familiar with. Child support is generally a payment a parent is required to make for the support of their child and must generally be made until the child is 19 with some exceptions. Child support can be established during a divorce by agreement of the parents or order of the family law court.

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