What is Negligence?
What should I do if involved in an automobile accident?
What is a felony?
What should I do if I am arrested?
What should I do if I get a speeding ticket?
What are the residence and domicile requirements for a divorce?
What types of custody exist in Virginia?
How much child support should I pay?
Do I qualify for Social Security Disability benefits?
What were some of your big cases or settlements?
What is reckless driving?
How do you divide a military pension in a divorce?
In a divorce involving a service member or retired service member, what are some of the benefits for the former spouse?
What is Survivor Benefit Plan (SBP)?
What is the 10 year rule involving the military service member’s pension?
I. What is Negligence?
Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation. Virginia recognizes simple, gross, and willful negligence. Additionally, Virginia is a contributory negligence state. Any negligence on the part of the plaintiff may bar recovery.
II. What should I do if involved in an automobile accident?
After an automobile accident, one should immediately call the police. Additionally, one should exchange information with the other party or parties. Finally, one should seek immediate medical attention if experiencing pain or discomfort. A hospital or primary doctor is an excellent source for treatment.
III. What is a felony?
An offense that is punishable with death or confinement in a state correctional facility is a felony. All other offenses are misdemeanors. Traffic infractions are violations of public order as defined in Section 46.2-100 and not deemed to be criminal in nature.
IV. What should I do if I am arrested?
You should provide the arresting officer with your name, address, and social security number. If the officer asks you any questions, you should advise the officer of your desire to remain silent and request an attorney. In any case you should not allow the officer to take a statement from you.
V. What should I do if I get a speeding ticket?
First, you should immediately obtain a calibration of your vehicle. Second, you should obtain a copy of your driving record from DMV. Third, if you wish to ask the Court to reduce your infraction to defective equipment, a non moving violation, you may wish to have a certificate of completion from a driver improvement class to present to the Judge.
VI. What are the residence and domicile requirements for a divorce?
When the divorce suit is filed, at least one of the parties must be and must have been an actual bona fide resident and domiciliary of Virginia for at least the preceding six months.
VII. What types of custody exist in Virginia?
Generally, Virginia recognizes sole, joint, shared, and split custody. Sole custody means that one parent retains the responsibility for the care and maintenance of the child and has the primary right to make decisions concerning the child. Joint custody involves both parties having the joint responsibility for the care, maintenance, and decisions for the child.. Although not defined in the Code of Virginia, shared custody involves the relationship between the parents willingly sharing the care and responsibilities for the child. Finally, split custody occurs where each parent has primary sole custody of one or more of the children.
VIII. How much child support should I pay?
Generally, the Courts figure the gross income of both parties and require the non custodial parent to pay a percent of the recommended child support obligation based on his or her percent of the joint gross income of the parties.
IX. Do I qualify for Social Security Disability benefits?
Generally, To be eligible for disability benefits, one must determine from the social security administration whether they have contributed enough earnings, based on quarters worked. Additionally, one must be unable to work at any calling or engage in any gainful employment for at least twelve months or death.
X. What were some of your big cases or settlements?
A. Recently, we represented an elderly woman, who broke her hip in a parking lot. We were able to settle the lady's case for over $200,000.00.
B. A gentleman was charged with DUI with a blood alcohol content of .17. We objected to the certificate of analysis because the certificate was not filed at least seven days prior to trial. The client was found guilty of reckless driving.
C. A client was charged with first degree murder. Based on intense negotiations with the Commonwealth Attorney, we secured a plea agreement for voluntary manslaughter.
D. A client was charged with possession with intent to distribute drugs. We filed a motion to suppress. The Commonwealth agreed, and the charge was nolle processed (a dismissal without prejudice).
E. Our client was charged with felony malicious wounding and felony malicious wounding by mob. After requesting a jury trial and explaining the weaknesses in the Commonwealth's case, the prosecutor agreed to nolle prosequi (dismiss without prejudice) the malicious wounding by mob charge and reduced the malicious wounding charge to a misdemeanor.
F. Our client, who had a pre-existing injury, was involved in an automobile accident. Our firm negotiated with the insurance company. Although our client was pleased with the early offers, we persuaded the client to allow us to continue to negotiate on his behalf. Ultimately, the case was settled for well over $200,000.00. The final settlement amount was almost twice what the client would have accepted.
G. Our client was charged with felony eluding the police and misdemeanor reckless driving. We persuaded the prosecutor to nolle prosequi (dismiss without prejudice) the felony charge. Our client pled to the misdemeanor charge and promised to refer friends to us.
H. Our client was an officer in the Navy, who was charged with felony assault and battery of a police officer. We convinced the prosecutor to allow our client to plead guilty to a misdemeanor with the understanding that the charge could be dismissed at a later date.
I. A gentleman came to our office dissatisfied with his divorce lawyer. The client believed that his lawyer was unresponsive and passive. After hiring our firm, we negotiated a fair and reasonable settlement for our client in the divorce.
J. A personal injury client was involved in an automobile accident involving the employee of a very well known local business. After negotiations failed with the insurance company, we filed suit and was awarded the exact amount sought.
K. Our client was charged with felony assault and battery. After a lengthy trial involving intense cross-examination by counsel, the client was found not guilty.
L. Our client, a member of the United States Navy, was charged with reckless driving. The client drove his vehicle in excess of 100 miles per hour. The client received no jail time.
XI. What is reckless driving?
A. See 46.2- 852 to 46.2-869
B. A Class I misdemeanor: up to 12 months in jail, a $2,500.00 fine, 6 moving vehicle points, and potential license suspension
C. Generally, irrespective of the maximum speeds permitted by law, any person who drives a vehicle on a highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.
D. Reckless generally denotes a disregard by the driver of a motor vehicle for the consequences of his act and an indifference to the safety of life, limb, or property.
E. Driving a vehicle not under proper control or which has inadequate or improperly adjusted brakes.
F. Passing on or at the crest of a grade or on a curve
G. Driving with driver's view obstructed or control impaired
H. Driving two abreast in a single lane
I. Passing at a railroad grade crossing
J. Passing a stopped school bus
K. Failing to give proper signals
L. Driving too fast for highway and traffic conditions
M. Exceeding speed limit by 20 mph or in excess of 80 mph regardless of applicable maximum speed limit
N. Failure to yield right away
O. Driving recklessly on parking lots, etc.
P. Racing
Q. Aggressive driving
R. Driver may have charge reduced to improper driving and face a fine of not more than $500.00
XII. How do you divide a military pension in a divorce?
Generally, a former spouse’s share of her service member or retired service member husband’s retirement is calculated as follows:
(Months of marital pension service divided by months of total pension service) times 50%
XIII. In a divorce involving a service member or retired service member, what are some of the benefits for the former spouse?
A. Generally, a former spouse is entitled to a division of retired pay regardless of the number of years that the service member served.
B. SBP or survivor benefit plan is generally available to the former spouse regardless of the number of years that the service member served.
C. Generally, child support and spousal support are available by direct payment regardless of the number of years that the service member served.
D. Full health insurance is available if the length of time that marriage overlaps with service creditable for retirement purpose is at 20 years or more.
E. Transitional health insurance is available if the length of time that marriage overlaps with service creditable for retirement purpose is at least 15 years and less than 20 years.
F. PX and commissary privileges are available if the length of time that marriage overlaps with service creditable for retirement purpose is at 20 years or more.
XIV. What is Survivor Benefit Plan (SBP)?
Generally, SBP is an annuity program that affords retired service members or retirement eligible service members a way to provide income for family members at the service member or retired service member’s death.
XV. What is the 10- year rule involving the military service member’s pension?
Generally, there is a 10-year overlap between the marriage and creditable military service that must be satisfied before DFAS (Defense Finance and Accounting Service) can be ordered to make direct payments of pension division awards.
