Garrett Law Group

Norfolk Police Officer Gets Community Service For Drug Dealing

Fri, 31 Aug 2012 18:33:06 -0400

Earlier this month, former Norfolk Police Officer Kristin Wayne Harris, was sentenced in Virginia Beach to 100 hours of community service in exchange for a two-year suspended prison sentence. (See Virginian-Pilot Article)

Harris resigned from his position with the Norfolk Police Department immediately after being charged. He pleaded guilty to one count of possession with intent to distribute a controlled substance; and the Commonwealth Attorney dropped 11 other charges.

As with Harris, a drug conviction can have adverse effects on one’s life over and above the legal consequences. A conviction of a drug crime may result in loss of employment, loss of your driver’s license, as well as place a strain on your business, social and family relationships.

If you have been charged with a drug crime in Virginia Beach, contact our criminal lawyers for a free consultation. (757) 422-4646. Our phones are answered 24/7/365 to serve you!

What Is A Guardian Ad Litem & Why Do I Need One For My Child Custody Case?

Sun, 12 Aug 2012 09:52:55 -0400

Most family court judges do not favor having children testify in court during a child custody hearing. Custody cases are stressful and emotional matters for the parents involved, and even more so for the children. A Guardian ad Litem (GAL) is an experienced family law attorney who is appointed by the court to represent the interest of the children in a contested child custody case.

The GAL will interview the children and gather their thoughts on their relationship with the parents and the custody situation in general. In some cases, the children may express a preference to live with a particular parent that they may not otherwise disclose to the parents. The GAL will also meet with the parents and discuss custody and visitation plans, living arrangements, education issues, etc.

After investigating the case, the GAL will issue a report of their findings and recommendations to the Court. A good GAL will issue a written report that is available to the attorneys for each of the parents. This report is not binding on the court in any way, but often the judge will adopt the recommendations of the GAL.

It is important to understand the role of a GAL in your child custody case. Many parents view a GAL as an adversary. Some parents make the mistake of making disparaging comments about the other parent during a GAL interview. The GAL ‘s role is not to favor one parent or the other, but to form an opinion as to what is in the best interest of the children, their client.

You should always be respectful to the GAL and never get emotional about your relationship with your children, the other parent, or the other parent’s relationship with the children. The GAL will assume that if you are open to making unfavorable comments regarding the other parent to them, then you are likely to do so in front of your children which will hurt your case.

If you have a contested child custody case in Virginia Beach, a GAL can be a major asset in your case. Our Virginia Beach child custody attorneys will advise you on the role of a GAL and how you can better prepare yourself to get the best possible outcome in your child custody case.

Contact a family law attorney today for a free consultation. (757) 422-0195. Our phones are answered 24/7/365. Or please visit the website for Garrett Law Group, PLC

How Are Sentencing Guidelines Used In Criminal Cases In Virginia?

Sat, 11 Aug 2012 08:58:05 -0400

After someone is convicted of a felony in Virginia, whether it be after entering a guilty plea or a trial, the Circuit Court judge will order a presentence report. A presentence report is prepared by a probation officer and includes various background, family, and employment information about the defendant. One of the items included in the presentence report is a calculation of sentencing guidelines.

Sentencing guidelines give a point value to several factors, including the particular charge, the defendant’s prior criminal record, and some aggravating factors such as use of a weapon and victim injury. After calculating the various factors, that score is compared to a sentencing table that has been established by the Virginia General Assembly to set a recommended sentencing range. The purported purpose of this range is to ensure that defendants convicted of similar crimes who are in similar situations receive similar treatment from the various judges and courts throughout the Commonwealth.

When judges impose sentences, they will generally suspend a portion of that sentence. They may impose a five year prison sentence and suspend four years, leaving one year to serve – the active sentence. The only legal restriction on the court for sentencing is the maximum sentence set by the statute. The sentencing guidelines recommend to the judge what that active sentence should be. While departure from the recommendation is not uncommon, judges do sentence within the guideline range in most cases. It is important to remember that sentencing guidelines are advisory only, and a sentencing judge may impose a sentence within those guidelines or depart from them either downward in favor of the defendant, or upward in favor of the Commonwealth.

When preparing for a sentencing hearing, a criminal defense lawyer should evaluate not only the presentence report and sentencing guidelines, but also things not included in that report, such as other sufferings of the defendant due to the offense, positive contributions by the defendant to the community, and their involvement in the community through church, business or civic organizations.

A sentencing hearing is the opportunity for a criminal attorney to show the defendant in a more positive light that just that of a convicted felon. If you have been charged with a criminal offense in Hampton Roads, VA, you should contact an experienced Virginia Beach criminal attorney to help you.

Contact our criminal lawyers today for a free consultation about your case. (757) 422-4646. Our Virginia Beach criminal defense attorneys are available to answer your questions 24/7/365.

Garrett Law Group, PLC

Virginia Beach Criminal Defense Lawyers

I Don’t Know Where My Spouse Is – How Do I File For Divorce In Virginia?

Sat, 04 Aug 2012 08:13:01 -0400

Contemplating a divorce can be a stressful situation under the most normal of situations. Trying to file for a divorce when your spouse has abandoned the relationship and you don’t know where they are certainly adds to that anxiety.

While most divorces are anything but civil, a divorce case is referred to as a “civil” matter and is governed by the Virginia Rules of Civil Procedure. Unlike a criminal case where the defendant is required to be personally notified of legal action against them, a civil case can be initiated and based on other less reliable notice to the other party. After filing for divorce, you may notify your spouse by leaving official notice with some other resident of their home, posting the notice on the front door of their residence, publishing notice in the newspaper, and in some cases, by certified mail.

When you do not know the whereabouts of your spouse, the most common procedure is to publish a notice in a local paper of common circulation. Contrary to what you might think, this is not necessarily the daily local newspaper. The various local courts have established publications they accept for notification by publication. You will need to contact the clerk’s office or a divorce attorney for more information on your jurisdiction.

Before a court will accept service by publication in your divorce case, you will have to prove that you have exercises due diligence in locating your spouse. Simply stating that you have not heard from them in some time is not sufficient. You may establish the foundation by contacting your spouse’s family, employer or friends. In addition, you may want to check any social media websites such as Facebook or Twitter. Also, you may try sending them a letter to their last known address where the letter may be forwarded to them or returned to you with notice of a new address or simply “not found”.

If you are looking to file for divorce in Virginia Beach, please feel free to contact our divorce lawyers for more information. Our Virginia Beach family law attorneys will be happy to discuss various methods of service to begin your divorce procedure. (757) 422-0195. Our phones are answered 24/7/365.

Garrett Law Group, PLC - Divorce Attorney Virginia Beach, VA

No More Serving Jail Sentences On Weekends For Convicted Felons

Sat, 04 Aug 2012 06:16:57 -0400

Virginia law allows a judge the discretion to allow individuals sentenced for a misdemeanor or traffic violation to serve any jail sentence on weekends or other non-consecutive days so as to allow the defendant to maintain employment. Routinely, judges have also allowed those convicted of felonies this opportunity, provided the sentence was relatively short (usually 90 days or less).

Attorney General Ken Cuccinelli has issued an opinion indicating judges, under the language of the statute, are not permitted to offer weekend or non-consecutive days to individuals convicted of a felony. Virginia Beach Sheriff Ken Stolle has indicated that he will advise the half a dozen inmates in the Virginia Beach jail they will have one week to make arrangements to serve the balance of their sentence straight through.

The new policy in Virginia Beach will result in some individual convicted of non-violent offenses, such as a third or subsequent DUI, petit larceny third or subsequent offense, drug possession, or destruction of property if over a certain amount of damage, will be required to serve any sentence straight through.

If you or a family member is currently affected by the new guidelines and needs to file a motion to reconsider, or if you have been charged with a felony in Virginia Beach, contact our office today for a free consultation. (757) 422-4646. Our Virginia Beach criminal attorneys are available 24/7/365 to answer your questions.

Garrett Law Group, PLC

Abduction Cases Are Not Always Tied Neatly With A Bow

Wed, 01 Aug 2012 06:56:26 -0400

The Virginia Code defines abduction as the unauthorized holding or transporting of someone against their will by force, threat, intimidation, or deception. It doesn’t require years of law school to be able to recognize abduction, also referred to as kidnapping, when a victim is tied up, gagged, blindfolded, thrown in the trunk of a car and carried off to be ransomed. These acts certainly fit the legal definition of abduction under Virginia criminal law; but many other situations not so obvious to the casual viewer are also considered kidnapping and carry the same penalty – up to twenty years in Virginia State Prison.

A non-violent abduction charge could be filed against someone who uses trickery or deception in order to coerce the victim who may otherwise be cooperative. For instance, impersonating a police officer by flashing a blue strobe light in order to entice a motorist to pull over is guilty of abduction. A homeowner who threatens their housekeeper to report them to Immigration and Customs Enforcement (ICE) unless they work overtime may be charged with abduction. During a lover’s spat if one holds the purse and driver’s license of their estranged to keep her from driving away may be charged with abduction.

There are other non-violent situations where no actual force is used against someone, but force is implied. For instance, a passenger in a moving vehicle who demands to be let out and the driver refuses to stop the car; the driver may be charged with kidnapping. Also, under Virginia law, there is no requirement that the victim be held for a particular time period. The abduction is completed at the instant the victim’s movement is curtailed.

A common non-violent abduction offense involved parental kidnapping. Parental kidnapping usually involves little to no coercion or force; most cases involve a complicit, and often willing, victim. The parent may be charged with abduction simply by not returning the child to the custodial parent or guardian. Similarly, abduction may be charged in cases involving young lovers when one is kept from their parents, or when a runaway child who is harbored against the will of their parents.

If you or a family member is charged with the abduction in Virginia Beach, you should contact a criminal defense lawyer who is experienced in abduction cases. Our criminal lawyers will advise you on a proper course of action, plan an aggressive defense, and may be able to negotiate a reduction of the charge or dismissal altogether. (757) 422-4646. Calls answered 24/7/365.

Garrett Law Group, PLC - www.GarrettLawGroup.com

What Can You Do To Help Prepare For A Child Custody Case?

Sun, 29 Jul 2012 18:45:24 -0400

By James Garrett

Child custody issues are the most emotionally challenging of all family law cases. Outside of cases of abuse or other harm to the children, under Virginia law, each parent is entitled to a meaningful, nurturing relationship with their children. There are things you can do to enhance your chances to prevail in court in matters involving decisions on primary physical custody and visitation schedules as well as modification to previously decided issues.

One of the easiest things to do is to keep a log or journal detailing your involvement in your children’s lives, or the other parent’s lack of involvement. You should also consider this documentation even if no litigation is yet pending. Being able to provide your child custody lawyer with a lengthy, detailed journal may be a major advantage in your child custody or visitation case.

When keeping a journal, be sure to note things such as visitations, noting when you showed up, how the exchange was handled by the other parent, and if there were any witnesses present. Keep notes concerning phone calls to your children when they are in the custody of the other parent. Maintain accurate child support and spousal support noting any late or under payments.

In addition, you should be well informed about your children’s daily activities and be sure to note your involvement in your child’s school and extracurricular activities. Attend parent-teacher conferences, doctor’s visits, school plays, baseball games and piano recitals. The more involved you are with your child, the more a court will agree to grant you more time with them.

If you are a party to case of child custody and visitation in Virginia Beach, contact our office today for a consultation. (757) 422-0195. Our Virginia Beach family law attorneys are available to answer your questions 24/7/365.

Garrett Law Group, PLC - Family Law Attorneys in Virginia Beach

New Virginia Law Mandates Life Sentence For Some Sex Crimes

Sun, 22 Jul 2012 09:29:12 -0400

Sexually bases crimes, including rape and sodomy, tend to evoke the most visceral reactions from the general public, many times more so than from serious violent crimes of murder or robbery. In response, the laws in Virginia now mandate a life sentence for some sexual offenses as it does for those serious violent felonies.

Effective July 1, 2012, anyone charged with and convicted of rape, sodomy or object sexual penetration, who is eighteen years of age or older, and whose victim is age thirteen or younger, will face a mandatory minimum sentence of life in prison. The three listed offenses cover essentially any sexual act, including intercourse, oral sex, and any object penetration.

Given the new penalty associated with a conviction for a sex crime, it is extremely important to have legal representation by a criminal attorney who knows and understands the law, and has the necessary experience in handling these cases. Many sex crimes are charged based on little more than accusations of the alleged victim. Cross-examination is vital in such cases. A skilled criminal lawyer will be able to evaluate the evidence and challenge any evidence that may be questionable, inadmissible, irrelevant, or simply doesn’t indicate criminal wrongdoing.

If you or someone you know has been charged with a sexual offense in Virginia Beach, our criminal defense attorneys are available to help. Contact our law offices today for a free consultation (757) 422-4646. Your calls are answered 24/7/365.

GarrettLawGroup.com

My Child’s Mother Won’t Allow Me Visitation

Sat, 21 Jul 2012 19:03:15 -0400

In today’s society, there are many children who are born to unwed parents. Regardless if the parents were involved in a relationship, or if they had a one-time encounter, both parents are equally entitled to enjoy a relationship with the child under Virginia child custody laws.

In Virginia, the laws are very clear that gender of the parents shall have no bearing on child custody and visitation. Custody and visitation is determined by what is in the best interest of the child. Unless it is shown that your relationship with your child is somehow detrimental to the child, the other parent may not deny you a parental relationship with your child.

It is important that both parents also understand that child support and custody/visitation, while certainly related, do not affect one or the other. The custodial parent may not withhold visitation rights from the other parent due to non-payment of child support. On the other side, the non-custodial parent may not stop paying child support because they are denied visitation.

Virginia child custody and visitation cases are complex and are governed by several detailed state statutes and numerous Virginia Appellate and Supreme Court decisions. To be successful in your child custody case, you will want a Virginia Beach child custody lawyer who is familiar with the law and cases. Contact our office for a free child custody consultation. (757) 422-4646. Our phones are answered 24/7/365.

Garrett Law Group, PLC - Virginia Beach Family Law Lawyers

How Is Military Retirement Split During A Military Divorce?

Sat, 14 Jul 2012 14:06:21 -0400

Due to the extensive military presence in Hampton Roads, it is no surprise that many divorces filed in Virginia Beach are filed by military members or military spouses. Military divorces in Virginia Beach are subject to the same state guidelines as any civilian divorce, but they are also subject to federal regulations, the most frequent being the Uniformed Services Former Spouse’s Protection Act (USFSPA).

Under the USFSPA, a military spouse is entitled to a portion of a military member’s retirement. Unless the military spouse waives this entitlement, the federal law requires Virginia divorce courts to enforce this act. It is important that your military divorce attorney is familiar with the federal laws and is knowledgeable of drafting a proper Qualified Domestic Relations Order (QDRO).

Military retirement pay is subject to distribution under the 20/20/20 rule. The USFSPA mandates that any spouse who a) has been married for 20 years or more to a military service member, who b) has at least 20 years of qualified military service, and c) those two periods overlap by at least 20 years, is entitled to one-half of the military member’s retirement pay. In those military divorces that do not qualify under the 20/20/20 rule, military retirement pay is still subject to distribution under Virginia equitable distribution laws.

If you are a military service member, or a military spouse considering filing for divorce, it is important to discuss your situation with a divorce attorney familiar with military divorce issues. Please contact our office today for a free consultation. (757) 422-4646. Our attorneys are available to answer your questions 24/7/365.

Garrett Law Group, PLC

Virginia Beach Divorce Attorneys

What is Embezzlement And How Can A Lawyer Help Fight The Charge?

Wed, 11 Jul 2012 21:55:08 -0400

By Virginia Beach Criminal Attorney James Garrett

Embezzlement is considered a white collar crime and is a variant of a larceny, or theft, criminal charge. The legal definition of larceny is the “taking” of property of another with the intent to deprive that rightful owner of that possession permanently. The distinction between simple larceny and embezzlement is the “taking”. In embezzlement charges, the individual charged has been given lawful possession of the property, and is accused of converting the property to their personal use. Common examples include bank tellers or store clerks who are given lawful possession of money, which is the property of the bank or business owner, during regular business transactions. Other examples include employees who are given lawful possession of company property such as laptop computers or company vehicles.

In Virginia, embezzlement can be charged as either a misdemeanor or a felony. The difference is based on the value of the item in question. Any embezzlement of an item or items valued at less than $200 is a misdemeanor, an amount equal to or greater than $200 is charged as felony embezzlement.

A Virginia Beach criminal defense lawyer can help defend an embezzlement charge on several issues. The first is to challenge the valued amount and whether the charge should be a misdemeanor or felony. Many times, the facts may support the charge, but a criminal attorney may successfully have the matter reduced to a misdemeanor. A misdemeanor embezzlement conviction carries a maximum penalty of 12 months in jail as opposed to a maximum 20 years in prison for a felony conviction.

Another common area to explore is the circumstance of the alleged conversion. Many times, seasoned police detectives and skilled prosecutors mistake loss of an item or negligence in handling of an item as criminal embezzlement. Negligence, mistake or loss may impose civil liabilities on an individual, but they are NOT criminal actions. Before you make any statement to police or your employer, it is important to seek the advice of a Virginia Beach criminal defense attorney experienced in embezzlement defense to discuss how to discuss your case and circumstances.

If you have been charged with embezzlement in Virginia Beach, contact our office today, (757) 422-4646. Our Virginia Beach criminal defense lawyers will speak with you about your case free of charge 24/7/365.

Do I Have To Go To Court For An Uncontested Divorce In Virginia?

Thu, 05 Jul 2012 20:51:49 -0400

Filing an uncontested divorce in Virginia Beach is a relatively simple process. So long as you have lived separate and apart for at least one year (six months if you have no minor children), you may file for divorce immediately based on that one ground alone.

Any divorce, including uncontested divorces, begins with the filing of a Complaint for Divorce. For contested divorces in Virginia Beach, the opposing party would need to file an Answer within twenty-one days of receiving notice of the filing. For an uncontested divorce, the opposing party needs only to sign a Waiver. A Waiver simply states that the party is aware of the filing, waives their right to respond within twenty-one days, and waives any future appearances in court. Once the waiver is signed, the party who filed for divorce, the moving party, may then draft and file a Final Divorce Decree and schedule a final hearing, also called an Ore Tenus hearing.

The most common procedure is then for the moving party to appear at the Ore Tenus hearing with one witness (it can be anyone except the opposing party-spouse) who can corroborate the essential facts of the Complaint, most importantly the fact the parties have lived separate and apart for at least one year. There are certain elements that must be established during the testimony of both the witness and the one seeking the divorce. Your divorce lawyer will assist both of you with the evidence you present to the Court.

In some situations, neither party can or simply desires not to attend an Ore Tenus hearing. This appearance in Court can be avoided by submitting a sworn deposition to the court in lieu of live testimony. If you are the moving party, you and your corroborating witness can meet with your divorce attorney in the comfort of their office where the attorney can ask you the same questions that would be asked of you in court. The questions and answers are recorded and transcribed, and both you and your witness will sign them. These transcripts are then presented to the court with the proposed Divorce Decree for entry.

If you wish to file for an uncontested divorce in Virginia Beach, please contact our office today to schedule a consultation with a Virginia Beach divorce lawyer. (757) 422-4646. We are happy to answer any questions you may have 24/7/365.

Garrett Law Group, PLC

For more information on family law issues, visit our company blog site.

What Are The Penalties For Drug Possession?

Wed, 04 Jul 2012 14:08:27 -0400

Drug possession charges generally fall into one of two categories: simple possession and possession with intent to distribute. These charges can be charged as a misdemeanor or a felony depending on whether the substance is marijuana or narcotic. In Virginia, possession of any substance classified under the Federal Drug Control Act, including possession of cocaine, possession or heroin, or the unauthorized possession of prescription drugs, is a felony. Possession of marijuana is a misdemeanor. These charges are generally referred to as “simple possession” so long as they are not elevated to the more serious charge of “possession with intent to distribute.”

In cases of simple possession of marijuana or simple possession of cocaine or other drug, and where the individual charged is facing a first offense, a skilled criminal defense lawyer can negotiate with the prosecutor to achieve a result that does not end up with a conviction. In these cases, Virginia law allows an attorney to present evidence to the Court in order to persuade the Court to allow the defendant to complete community service and complete drug counseling in exchange for a dismissal of the charges, even if that charge is a felony.

For possession with intent to distribute cocaine or other narcotic and possession to distribute marijuana cases, the penalties are much more severe, including prison time even for first offenses. These cases are always fact specific, and each fact pointing to distribution must be vigorously challenged. A criminal attorney knowledgeable in this area will be able to evaluate the evidence and cross-examine the witnesses. In many cases, distribution cases can be reduced to simple possession cases which reduces any jail or prison time significantly, sometime eliminating it altogether.

If you have been charged with simple possession of marijuana, simple possession of a controlled substance, or possession with intent to distribute in Virginia Beach, contact our office today to speak with an experienced Virginia Beach criminal defense lawyer. (757) 422-4646. Our attorneys are available to answer your questions 24/7/365.

Garrett Law Group, PLC

How Do I File For Divorce In Virginia Based On Adultery?

Sat, 30 Jun 2012 18:43:55 -0400

Adultery is the one ground on which you may file for and be granted a divorce immediately. For all other grounds of divorce, Virginia law requires there to be a separation period prior to being granted a final divorce. For that reason, the individual making the claim of adultery must prove the allegation of adultery by “clear and convincing” evidence.

In order to be granted a divorce based on adultery, there must be an allegation of sexual intercourse. Dating, flirting, even kissing and showing other signs of affection are not considered adultery in Virginia. An allegation of adultery must be supported by corroborating evidence. While it is certainly helpful to establish adultery, photographs, videotapes and eyewitness accounts of the actual sexual act are not required. Circumstantial evidence such as credit card receipts for hotel rooms, airline tickets, and text and emails may be used to corroborate the allegation of adultery. Your spouse’s paramour can also be called to testify on your behalf about the adulterous affair, although this is unlikely if they are still involved in a relationship.

If you suspect you spouse is guilty of adultery, a divorce attorney will be able to advise you on the proper tactics in order to prove your case. Please contact us today, (757) 422-4646, to speak with an attorney if you have questions about adultery or any other divorce issue. Our Virginia Beach divorce attorneys are available 24/7/365.

Garrett Law Group, PLC - Virginia Beach Family Law Attorneys

Virginia DUI Laws Just Got Tougher

Sat, 30 Jun 2012 18:36:05 -0400

Beginning Sunday, July 1, individuals convicted of a first-offense driving under the influence (DUI) will now be required to install an ignition interlock on their personal vehicles. The ignition interlock requirement is a condition of having a restricted license and must be installed for six months. The new ignition interlock requirement will cost about $480 over the course of the six months. This fee is in addition to the mandatory minimum court fine of $250, court costs of about $200, and the mandatory fee of $300 to attend a Virginia Alcohol Safety Action Program (ASAP) counseling class.

In addition to those mandatory fees imposed by the Court, anyone convicted of DUI will certainly suffer from increased insurance premiums, either loss of or restricted driver’s license, and a possible jail sentence (mandatory is some cases). For second or subsequent DUI offenses or those cases involving very high blood alcohol content (BAC) results, these penalties are even more severe, including mandatory jail time of up to six months, and complete loss of driving privileges for as much as three years.

If you or someone you know has been charged with DUI in Virginia Beach, consulting with a Virginia Beach DUI attorney should be a top priority. Please contact Garrett Law Group, PLC today for a free consultation. (757) 422-4646. You can speak with an attorney 24/7/365 about your situation and have your questions answered.

Garrett Law Group, PLC - Virginia Beach Criminal Lawyers

How Can I Get A Criminal Conviction In Virginia Expunged?

Sat, 23 Jun 2012 08:03:13 -0400

In Virginia you may only have a criminal charge expunged if you received a favorable ruling on the charge, or you have received an absolute pardon after being wrongly convicted. A favorable ruling includes matters that have been resolved by nolle prosequi (i.e., the charges were dropped by the prosecutor), the charges against you were dismissed, or you were found not guilty after a trial on the merits. An expungement can be requested by individuals who have been charged with felonies and misdemeanors, including traffic matters such as reckless driving or DUI.

For any criminal conviction, an individual may petition the Governor of Virginia for a pardon through the Secretary of the Commonwealth’s Office. Unless you receive an “absolute pardon” from the Governor, indicating that you were wrongly convicted of the charge, there is no provision under Virginia law to have a criminal conviction expunged. It matters not how minor the offense, such as littering or public intoxication, or how long ago the conviction. Since any criminal conviction may have adverse effects on gaining employment, an education, and credit, you should always consult with a criminal defense attorney before pleading guilty or thinking, “I’ll just pay the fine.”

To initiate an expungement proceeding, you must file a petition in the Circuit Court in the jurisdiction of the charge, even if your case was resolved in General District Court, Traffic Court, or Juvenile & Domestic Relations Court. If you would like to file for an expungement in Virginia Beach, Garrett Law Group, PLC is ready to help you today. (757) 422-4646.

What Are the Consequences of An Underage Possession of Alcohol Charge in Virginia? by Garrett Law Group

Sat, 26 May 2012 19:23:12 -0400

Statistics indicate that over 5000 teenagers die each year as a result of alcohol. The statistics include various types of cases such as car accidents, suicides, and even homicides.

In Virginia, it is a criminal offense for anyone under the age of twenty-one to possess alcohol in any manner. Possession can be established if someone is holding a can of beer, opened or unopened; has a bottle of vodka in their backpack or purse, even if the bag is not in their immediate possession; or has recently drank a glass of wine and has alcohol in their system.

The consequences for a criminal charge of underage possession of alcohol vary from case to case. Some cases involve minor alcohol use, or curious experimentation; other cases involve frequent users and even those addicted to alcohol. In more severe cases and those charged with multiple or subsequent offenses, the court may convict the defendant of a Class 1 misdemeanor and punishment may then include jail time, or confinement in a juvenile detention center, as well as a fine and driver’s license suspension.

Under Virginia law, a judge does have the authority to dismiss an underage alcohol possession charge provided it’s a first offense, and the defendant presents a persuasive case to the court as to why they should receive such treatment. Many times a dismissal will be ordered only after completion of community service or payment of a fine and court costs. In some cases, the court may also suspend a defendant’s driver’s license, even if there was no association of vehicle operation with the charge.

It is important that you discuss your underage possession of alcohol charge with a Virginia Beach criminal defense lawyer so that you can present the best case to the court and achieve the best outcome possible.

Garrett Law Group, PLC - http://www.garrettlawgroup.com

"What Is Robbery And How Do I Prepare A Good Defense? by JD Garrett on May 11, 2012 The crime of..."

Thu, 24 May 2012 19:10:30 -0400

“What Is Robbery And How Do I Prepare A Good Defense? by JD Garrett on May 11, 2012 The crime of robbery is defined simply as larceny or theft from another by means of threat or violence. While the definition may be simple, a robbery case is anything but. Robbery is considered a major violent felony. In Virginia, anyone convicted of robbery is certain to be sentenced to a lengthy active prison sentence. If the crime involves the use of a firearm, there is a mandatory minimum sentence of three years for that charge, in addition to any sentence imposed for the robbery charge itself. When facing such steep punishment you will want to be sure you have a criminal defense attorney who understands and deals specifically with this type of criminal case on a regular basis. It is important to select a criminal lawyer who has experience in defending robbery charges and will defend your rights. In preparing for a robbery defense, you should be prepared to discuss certain issues with your defense attorney beginning with your version of the facts – how you know the alleged victim, were there any witnesses, and do you have an alibi. Also, your defense attorney will need to discuss the police investigation, including how you were arrested, what statements you made, if any, and what physical evidence was seized from you. With the basic information, our defense team will begin investigations on your behalf to build a quality defense for you. If you or a family member have been charged with robbery in Virginia Beach or anywhere else in the Hampton Roads area, contact a robbery defense attorney in Virginia Beach today for a free consultation. (757) 422-4646.”

- Crime Of Robbery Defined By A Hampton Roads Robbery Defense Attorney

http://www.garrettlawgroup.com

Drinking Underage - Not A Minor Offense

Thu, 24 May 2012 19:03:08 -0400

Drinking Underage - Not A Minor Offense:

When confronted with the offense of teenage drinking, or any other misdemeanor or felony criminal charge, you should always talk with a criminal defense lawyer about your situation. Criminal defense attorneys are specialists on the law and can advise you as to your rights and how you should proceed. Even if your ideal option is to enter a guilty plea, an attorney will be sure that you receive fair treatment and the best possible outcome to your case.

http://www.garrettlawgroup.com

"No one looks forward to the prospect of marital separation or divorce; but if your marriage has..."

Thu, 24 May 2012 14:46:01 -0400

“No one looks forward to the prospect of marital separation or divorce; but if your marriage has grown to be nothing more than friction and unease, it may be your only acceptable alternative. People choose to get a separation or divorce for a wide range of factors, but usually the more amicable these procedures the better for both parties. A divorce lawyer can be amazingly helpful for preserving your interests regarding allocation of marital assets and marital residences and in child custody and support issues.”

- When Should You Hire A Family Law Attorney?

http://vabeachdivorceattorney.net