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

Most driving under the influence (DUI) charges begin as a traffic stop by a police officer. The remainder typically involves accidents in which an officer arrives to the accident scene. In either case, the procedure of the officer is routine. First there will be a variety of questions about your identity, verifying you as the driver, and whether you have been drinking. Secondly, the officer will “ask” you to perform field sobriety tests (FST) including a preliminary breath test (PBT). If there is an arrest made, you will finally be required to submit to a breath or blood test.

When you are stopped for a traffic matter, you are required to provide your driver’s license and registration. You are not required to answer any other questions unless it pertains to those documents. If you are suspected of driving under the influence, you will be asked to step out of the car. From this point forward, everything the officer asks you to do is for his benefit and not yours. The FSTs that he will ask you to perform help him to establish probable cause to arrest you for DUI. You are not required to perform any of these tests.

You may politely refuse to subject yourself to FST and PBT, but you should be aware that you will more than likely be placed under arrest for DUI at that point. While that may seem unfair, it is more than likely that if you are asked to perform the FST, the officer has already made the decision that you are intoxicated. It is extremely rare that anyone who has been asked to complete the FST ends up not being arrested. Odds are you will only hurt your chances if you take the tests. Why should you give the officer more information to use against you at your DUI trial?

If you are arrested for DUI, you are required under the Virginia Implied Consent Law to submit to a breath test. You do not have the option to ask for a blood test if a breath test is available. The officer may opt to have you take a blood test in some circumstances, and you are then required to submit to that as well. A refusal to give a blood or breath test is a separate charge and is punishable by a loss of your license for at least one year with no possibility of a restricted license.

If you have been charged with a DUI in Virginia Beach, please contact our office immediately to speak with our criminal attorneys. (757) 422-4646. DUI cases are very technical and take time to prepare an adequate defense. It is very important that you contact a DUI lawyer as soon as possible after the charge. We are available 24/7/365 to answer your questions.

Garrett Law Group, PLC

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) 422-0195. Our phones are answered 24/7/365.

Garrett Law Group, PLC

When someone is charged with murder or manslaughter they are facing the most serious of charges in criminal cases. In Virginia, murder may be charged as a capital offense under certain circumstances, and may result in the death penalty. Murder charges that are not capital offenses are still punishable by life in prison. Manslaughter is punishable by up to twenty years in prison.

The difference between murder and manslaughter is the “intent” of the defendant. Murder is the killing of another person with some level of pre-planning, premeditation, or “malice aforethought”. Manslaughter is charged in those circumstances when the killing of another was not planned, however the act which resulted in the death is intentional. Many manslaughter cases may be referred to as “heat of the moment” or “passion” killings.

The burden of proof in any criminal case is always on the prosecutor. In homicide cases, it is important to have a murder defense attorney who knows how to fully examine the evidence and prepare a proper defense. As stated above, murder cases revolve around “intent”. Therefore, a defense lawyer must be able to cross-examine prosecution witnesses and present the defendant’s case in a way to show there was no premeditated intent. In manslaughter cases, it is important to explore the cause of death to determine if the death was accidental.

It is vitally important for someone who has been charged with a homicide offense, or any other criminal offense, to demand a criminal attorney be present before speaking with any police or homicide detective. Many prosecution cases are built upon what a defendant says during an interview as well as what they omit or don’t say.

If someone you know has been charged with murder or manslaughter in Virginia Beach, contact our office for a free consultation. (757) 422-4646. Our Virginia Beach criminal defense lawyers are available 24/7/365 and will meet you friend or family member at the jail if necessary.

Garrett Law Group, PLC

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.

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 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.

Garrett Law Group, PLC

In criminal defense law, there are two truisms when it comes to Miranda Rights – first, most everyone knows what they are; and second, hardly anyone ever invokes them. Any criminal defense attorney will tell you, it is never a good idea to speak with police about a criminal charge or pending investigation. If you exercise your rights under the 5th Amendment of the U.S. Constitution, this can never be held against you. Even the mere mention by a prosecutor that you chose to remain silent and not give a statement to police about the charges is grounds for a mistrial.

If you have been charged with a crime, the sole purpose of police interrogation is only to strengthen the case against you. Their goal is to have you change your story or contradict a prior statement, catch you in a lie, or simply to give a confession. Of course none of these are in your best interest. If you have been charged with a criminal offense, you should immediately demand that you be allowed to speak with a criminal attorney prior to responding to questions.

When you are the subject of an investigation, or a person of interest, anything statements you make to law enforcement are admissible in court against you even if you have yet to be charged. As above, nothing you tell the police can help you. In fact, there are only two possible scenarios when you are approached for questioning: 1) the police have enough evidence to arrest you and want your statement to improve their case, or 2) the police do not have enough evidence to arrest you and are looking for you to give it to them. Either way, you lose.

My rule of thumb is to never under any circumstances speak with police, unless you are the victim of a crime or you are a completely innocent eye-witness to a crime. Under any other scenario, always seek the advice of a criminal defense lawyer before answering any questions by police.

If you have been charged with a crime in Virginia Beach, or you think you are under criminal investigation, contact a Virginia Beach criminal defense lawyer today. (757) 422-4646.

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