On October 2nd, the federal government shutdown as a result of Congress’ inability to pass a federal budget. National parks closed, federal agencies shut down, and roughly 800,000 federal employees were told to stay home. Yet while the paychecks have stopped arriving, the bills have not. One such cost for which many furloughed employees must account is child support payments. But should a parent be required to continue to meet his or her child support obligations if they’re no longer receiving income? What happens when the other parent is promoted? If a parent wishes to decrease his or her child support obligation – or increase the other parent’s obligation – he or she must go to court and seek a modification.

During a divorce in Virginia, a judge determines what the non-custodial parent is obligated to contribute in order for the other parent to provide for the child. The monetary amount is determined in proportion to a parent’s gross monthly income. The court may also consider a variety of other factors, including a parent’s financial obligation to other family members and whether the child has any special medical needs.

When Can a Child Support Order be Modified?

If a parent in Virginia wants to change a child support order, either parent can seek a modification of the child support order in court. The parent will be required to show that a change in circumstances occurred that makes the obligation unfair. Since the original order is normally proportional to a parent’s monthly income, either a significant increase or decrease in income can serve as a basis to modify an existing child support order.

Suppose, for example, a father in Virginia makes $4,000 a month as a landscaper and pays $553 a month in child support payments. Several years later, the father starts a successful business selling landscaping equipment to the National Park Service. He now makes $10,000 a month, yet still only pays $553 a month in child support. This significant change in income would likely provide a basis for the mother to seek a modification of the child support order and increase the father’s child support obligation.

A decrease in income can also provide a basis for modification. Let’s suppose that the judge in the example above grants that mother’s motion for a modification of a child support order. The father is now required to pay the mother $1,014 a month. The father continues to pay this new amount until – on October 2, 2013 – the federal government closes. Unable to sell his landscaping equipment to the National Park Service and pay his employees, the father closes his business and returns to his landscaping job and monthly income of $4,000. This significant decrease in his monthly income would likely constitute a change in circumstances sufficient to support an order for a modification of child support. However, if one parent quits, refuses to take another job, or intentionally takes a lower-paying job, the court may not agree to modify the existing child support order.

If you have experienced a change in circumstances and would like to modify your child support obligation, or the obligation of the other parent, contact one of our experienced family law attorneys. Together, we will work to achieve the modification that you desire.

The law against unreasonable searches and seizures is often cited in criminal defense cases. The Fourth Amendment to the United States Constitution prohibits police and other authorities from unreasonable search and seizure, and mandates that warrants to search and seize evidence may not be issued unless there is probable cause for such issuance. A person’s Fourth Amendment rights are very relevant when he or she is stopped in his or her vehicle, and charged with drug possession crimes or other criminal charges after police search the vehicle. It is important for Virginia residents to understand their rights when it comes to a vehicle search and the seizure of drug evidence.

Why are Fourth Amendment Rights Important?

When a person is facing a conviction on a drug possession charge, he or she may wonder why search and seizure laws really matter. After all, the police have already taken the evidence.  The answer is that under the Exclusionary Rule evidence that is obtained by law enforcement in violation of the Fourth Amendment is excluded from being presented at trial. The bottom line is, even if a person is charged with possession of methamphetamine, and the police have seized the drugs from the person’s car or home, if the search and seizure was unlawful, the methamphetamine may be excluded from being presented at trial. Evidence of that methamphetamine would likely be a crucial element of the prosecution’s case against the defendant. Therefore, if the prosecution is unable to present the methamphetamine, the defendant may be found not guilty at trial. Additionally, the defendant’s defense attorney may be able to successfully negotiate the charges with the prosecutor in the absence of the evidence.

How do Fourth Amendment Rights Impact a Criminal Case?

At the outset, it is important to note that the Fourth Amendment only protects searches and seizures that are conducted by the state, such as by the police. If a friend or family member searches a person’s room, finds drugs and takes them to the police, the person’s Fourth Amendment rights probably have not been violated. Therefore, the prosecutor would probably be able to use the drugs as evidence at trial.

The Supreme Court established the general rule regarding privacy and search and seizure in Katz v. U.S. In that case, the Supreme Court held that the government may not conduct a search and seizure without a warrant in a place where a person has a reasonable expectation of privacy. The strongest example of a place where a person has a reasonable expectation of privacy is in his or her own home. With very few exceptions, police may not search a person’s home and seize property without a warrant, or without the person’s consent.

A vehicle stop may lead to a search of the vehicle, the seizure of drugs, and drug possession charges against the vehicle’s owner. In these cases, there are several ways that a seasoned defense attorney may argue that the search and seizure violated the charged person’s Fourth Amendment rights. For example, under Whren v. U.S., police may stop a vehicle for a minor traffic infraction (such as a broken taillight) as a pretext for investigating that vehicle, if the vehicle did, in fact,  commit the underlying infraction. Once the police have stopped the vehicle, they may argue that drugs were in plain view, and therefore they did not need a warrant to search the vehicle in order to seize the drugs. If there was no underlying reason to stop the vehicle in the first place, the evidence may be suppressed.

A police search of a person’s vehicle can be a nerve-wracking experience. If the police search a vehicle and find drugs, it can be the first step to a felony record with penalties and consequences for the rest of the person’s life. Search and seizure laws are complex and require skill and experience to fully understand. If you have been charged with violating criminal laws, you should immediately seek out the assistance of an experienced attorney. An experienced attorney can review your case to see if your constitutional rights have been violated, and can defend your case in court. Contact Garrett Law Group, PLC, today for a confidential consultation.

The unofficial beginning of fall is often marked by Labor Day holiday weekend. College students move from across the country, or from their parents’ homes, back to the dorms or student housing, campus bookstores are filled with students ready to purchase reading materials, and barbeques are fired up for the final cookout of the season. In the midst of all of the back-to-school and holiday chaos, however, comes a dangerous traffic situation that can be made worse by drinking, road rage, and speeding. The combination of traffic, high-stress and hurried drivers is a recipe for potential injuries and reckless driving charges.

Virginia Accidents

Hamptonroads.com reports that this year was particularly brutal in terms of highway fatalities over the Labor Day holiday weekend in Virginia. Nine people were killed in fatal car crashes over the weekend. Last year there were six deaths on Virginia roads over the holiday weekend. In addition to the deaths, Virginia State Police wrote 11,204 reckless driving tickets for a total of 2,464 motorists, and there were over 600 motor vehicle accidents throughout the state. While reports show that this year has been a less fatal year in terms of motor vehicle accidents in Virginia overall, the holiday weekend had its fair share of driving offenses.

Reckless Driving in Virginia

Reckless driving is a serious charge in Virginia, and Virginia drivers should be aware of the penalties and consequences that a reckless driving conviction can bring with it. Reckless driving, as a criminal offense, can be penalized by severe fines, license revocation, and, in some especially serious cases, imprisonment.

Under Code of Virginia 46.2-852, reckless driving is generally defined as driving a vehicle on any highway recklessly, or at a speed or in a manner so as to endanger another person or his or her property. However, in addition to this general rule, Virginia law proscribes a variety of conduct that also constitutes reckless driving. For example, a person may be charged with reckless driving if he or she drives with faulty brakes, passes at a railroad grade crossing, passes a stopped school bus, or fails to give the proper driving signals. Therefore, as a general rule, it is important to remember that reckless driving is really conduct that endangers the life or limb of another person, even if the driver is not speeding.

In addition to fines, penalties, and possible jail time, reckless driving convictions stay on a driver’s permanent driving record for a number of years. The Virginia Department of Motor Vehicles website provides a list of years that a particular reckless driving conviction will stay on a driver’s record. For example, a reckless driving charge for speeding in excess of 80 miles per hour will stay on a driver’s record for 11 years, as will most reckless driving charges. A reckless driving charge for driving more than 20 miles per hour above the posted limit will stay on a driver’s record for five years. In addition to staying on a driver’s record, demerit points are also assigned to the record for traffic convictions that occurred out of state.

Reckless driving is no joke in Virginia. Whether a driver is rushing to a class, hurrying to move, or just wants to party, he or she must remember the severe penalties and consequences that his or her driving may bring, for speeding or otherwise driving dangerously. If you have been charged with reckless driving, you should immediately speak to an experienced attorney. Contact Garrett Law Group, PLC, today for a confidential consultation.