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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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.

Garrett Law Group, PLC
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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.

Garrett Law Group, PLC

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.

Garrett Law Group, PLC