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 Garrett Law Group, PLC today, (757) 422-0195, 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.

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Shoplifting is one of several offenses categorized as larceny, or theft. Other charges classified as larceny include concealment, petit larceny, grand larceny, embezzlement, or writing bad checks. What separates a felony charge from that of a misdemeanor is the dollar amount. If the value of the stolen item is less than or equal to $200, it is a misdemeanor; any amount greater than that is a felony.

Most cases of shoplifting involve young people. These cases can be due to peer pressure or just a stupid decision. In other cases, the shoplifting can be explained, not excused, because of severe financial hardship. Judges are not unsympathetic to situations where someone is charged with shoplifting food to feed themselves or their family.

Shoplifting, as other Class 1 misdemeanors, is punishable by up to one year in jail and/or a fine of up to $2500. For most larceny cases in Virginia Beach, we are able to help our clients avoid any jail time and minimize the fines. In some situations, such as first-time offenders, we have a track record of getting charges dismissed either immediately, or after a short probationary period.

If you or a family member has been charged with shoplifting or any other larceny charge in Virginia Beach, please contact us today. (757) 422-4646. Our Virginia Beach criminal attorneys are available 24/7/365.

One of the excuses we hear most often to the charge of assault and battery is, “He hit me first,” or, “He started it.” Unfortunately, this is not a legal defense to a criminal charge. It may work on the playground or in sibling disputes, but not in a court of law in Virginia. A judge may find that you have engaged in mutual combat – in other words, you and the other party may both be found guilty.

In order to use self-defense as a defense to assault and battery, or any other criminal charge, you must be able to present evidence to show that you had no other option at that time to stop the other party from a continuing their criminal act on you. Many defendants may initially have a claim of self-defense, but once the threat has ended, they then continue the assault on the attacker. Once the attacker has ceased their physical assault, you also have a duty to then stop as well.

In addition, the law allows an individual to use self-help or self-defense to repel an attacker so long as it is a reasonable response to the threat. Self-defense to an assault and battery charge can be claimed even if you are not defending against being assaulted by another, so long as the physical force used is reasonable. One common example is the defense of property, or the removal of a trespasser. You may use physical force, even deadly force at times, to deal with a trespasser to your home, business or car.

You may also be able to claim self-defense when you are trying to stop someone from destroying your personal property. However, the force use must be reasonable under the circumstances. In other words, you may not shoot someone who is destroying your personal property, or use a baseball bat against someone who will not leave your business.

Contact a Virginia Beach attorney for assault and battery at Garrett Law Group, PLC if you think you have a claim of self-defense. (757) 422-4646.

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Virginia Beach Criminal Defense Lawyer

There are several actions a driver can make that may be classified as “Reckless Driving” under Virginia law. The most common act is speeding in excess of twenty miles per hour over the posted speed limit. Reckless Driving may also be charged to individuals who pass a stopped school bus during loading or unloading, crossing a double yellow line, or pulling onto a street from a parking lot without first coming to a complete stop (even if there is no stop sign).

Virginia classifies reckless driving as a Class 1 misdemeanor criminal offense. If you are convicted of the charge, you will have a permanent criminal record. Even if you live in another state, a criminal record from Virginia will follow you for the rest of your life. All Class 1 misdemeanors, including reckless driving tickets, carry the possible punishments of up to a $2500 fine and up to a year in jail. In addition, since this is a traffic offense, the court may also suspend your Virginia driver’s license (or your privilege to drive in Virginia if you have an out-of-state license) for up to six months.

When handling reckless driving cases, an experienced traffic defense lawyer will be familiar with the local courts, prosecutors and police officers. For individuals who have a good driving record, a lawyer will be able to talk with the prosecutor or officer and many times have the charge reduced to a simple traffic offense rather than a criminal charge, thus eliminating the harshest consequences. If no agreement can be reached, an experienced traffic defense attorney can fight the many legal and technical aspects of the case in attempt to achieve a better result for your case.

Finally, and maybe most important to out-of-state residents, a reckless driving ticket may not be prepaid. The individual must appear in court to answer the charge. In most cases, an attorney can appear in you place saving you the time and expense of returning to Virginia for your court date.

If you have been charged with reckless driving in Virginia Beach, please contact our office today. (757) 422-4646. Our traffic defense lawyers are available to answer your questions 24/7/365.

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Many people may go into a divorce thinking the process will remain as an uncontested divorce and that everything is going to stay amicable. Additionally, this desire to keep everything as friendly and simple as possible could mean not making the best financial decisions in an effort to not rock the boat and cause arguments. However, it’s important that even in cases where the divorce seems to be going good, to still protect your finances.

The first thing you will want to do is separate your bank accounts. Even if you feel this will make your ex mad, it’s better to separate everything now, than run the risk of your ex cleaning everything out. While the divorce court would likely consider that spouse liable for waste of the marital assets, you may have to wait until long after the divorce is final before you will see any compensation for that financial loss.

Secondly, along that same line, you should stop contributing to any retirement accounts, 401k’s, or whole life insurance policies. Open new accounts and continue any contributions to those accounts. The original accounts will likely be considered marital assets to which your spouse will be entitled to a part. The new accounts, however, can be successfully argued as your sole property. In addition, you should contact your insurance agent to change the name of your beneficiaries if it currently is your spouse.

If you would like to speak to a Virginia Beach divorce attorney about asset distribution, please contact us today. (757) 422-0195.

Garrett Law Group, PLC

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 robbery 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.

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