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Fairfax Legal Blog

How is property division handled in Virginia during a divorce?

Property division is one of the issues that will need to be worked out during the divorce process. It is helpful for divorcing couples in Virginia to understand how property division is handled according to the law. Divorcing couples likely have many property division questions.

Reaching a property division settlement agreement during a divorce can be a challenging process for many couples, however, family law resources may be able to make it a little simpler. When couples understand how property division is handled, it can help them know what to expect and to prioritize and protect their interests so they can work out a settlement agreement.

Legal protections for traumatic brain injury victims

Traumatic brain injuries are some of the most serious injuries that car accident victims face. As a result, it is important for victims and their families to be familiar with the legal protections available to them when they have been harmed by a negligent or careless driver.

A personal injury claim for damages can help a victim suffering from a traumatic brain injury with their physical, financial and emotional damages. Traumatic brain injuries can leave the victim unable to perform daily tasks and may also leave them unable to work. In addition, traumatic brain injuries can take a toll on the victim and their family in other ways as well.

How to challenge field sobriety tests and DUI charges

Field sobriety tests are important to understand because they can sometimes serve as the basis for drunk driving charges. Because of this, accused individuals should be familiar with how to challenge field sobriety tests and DUI charges.

The penalties and consequences for drunk driving charges can be significant, making it essential for accused individuals to be familiar with DUI/DWI defense options. It is important to note that the police officer conducting a field sobriety test must be properly trained in its administration and interpretation. If they are not properly trained, the accused may use this as a defense. Drunk driving charges may also be based on the observations of the police officer, which is why it is useful to know how to challenge the facts alleged by police as well.

What are the types of damages I can recover after a car accident?

Personal injury damages are important to help get injured victims back on their feet and hold negligent drivers responsible for the harm they caused. An unexpected car accident can cause injuries ranging from soft tissue injuries and broken bones to traumatic brain injuries and other catastrophic injuries.

Personal injury damages are available to help victims with the different types of harm they may have suffered. The first type of damages is compensation for medical expenses and future medical care and treatment. The second type of damages is compensation for lost wages while the victim is away from work and lost-earning capacity if the overall earning capacity of the victim is diminished by the injuries they have suffered. Compensation for permanent disability may also be available.

Can you expect child support to help you cover college costs?

Putting children through college has become so expensive that many couples begin planning for college savings before they ever even get pregnant with their first child. Other than saving for retirement, saving for a child's college education will likely be the largest savings effort you make in your life.

Even if your child goes to an affordable state or community college, a single year's tuition could likely exceed the down payment you saved for your home. Given that student loans can hamper someone's economic prospects for decades, helping your child out is often the best way for them to secure a good start to their career.

What are field sobriety tests?

A field sobriety test is a set of assessments that law enforcement officials use to determine if individuals are intoxicated. They are often used when police officers stop vehicles and need to determine if drivers are under the influence of alcohol. There are three general assessments that drivers may be subjected to if they are stopped in Virginia.

One of those assessments is the walk and turn test. During this test, a person must walk heel to toe down a straight line. When they reach the end of the line, they must turn around and return. While they walk, a law enforcement officer may watch them to see if they lose their balance or fail to coordinate their body in a normal manner. Like the walk and turn assessment, the second test, the single leg stand, also utilizes police observations to determine if a person is affected by alcohol.

Physical and legal custody are important responsibilities

Child custody is often an important issue when Virginia parents decide to divorce. Individuals who share children may know that they do not want to be in relationships any longer but may not know how to separate their lives while providing their children with what they need. With the help of their family law attorneys, many parents can make responsible decisions about how to share and co-parent their kids with their exes.

Child custody involves two important topics: physical custody and legal custody. Parents can share physical custody, which means that they will each have time when the children live with them in their homes. For some families shared physical custody is harmful or disruptive, and if it serves the best interests of the children the kids may be placed in the sole physical custody of one parent.

Driver negligence may lead to dangerous pedestrian accidents

Spring has arrived in Northern Virginia and more Fairfax residents may be choosing to spend time outdoors as the weather begins to warm. Residents may opt to play with their children outdoors or walk to work as temperatures rise and signs of winter begin to melt away. As they increase their time outside of their homes they may become aware of the dangers that can threaten their safety when they are near roads.

Collisions between cars and pedestrians are unfortunately common and the National Highway Traffic Safety Association estimates that around 5,000 Americans die every year in crashes with cars and other motor vehicles. While pedestrian accidents can happen due to many causes, it is often the case the driver negligence contributes to deadly and injury-causing collisions.

When is it legal for police to enter your home in Virginia?

One of the most common questions people have about their own rights is when police can legally search their home. After all, the Fourth Amendment protects you from unreasonable searches and seizures.

Over the years, there have been both state and federal court cases that have helped to establish when it is legal for law enforcement to enter your home and when doing so violates your basic civil liberties. Understanding when law enforcement has the legal right to enter your home can help you stand up for your rights and assert yourself during a potentially uncomfortable encounter.

What defenses exist to claims of drug possession?

Any drug charge has the potential to be a serious legal problem for a Virginia resident. Readers are encouraged to use the information provided in this post as a starting point for learning about their criminal defense options to such criminal allegations but are reminded that this post does not offer legal advice. Readers should consult with their attorneys for case-specific strategies for overcoming their legal dilemmas.

A charge of drug possession alleges that a person had on their person or under their control a substance that has been deemed illegal under the law. One of the most basic defenses that an individual may be able to assert is mistake. If a law enforcement official makes an error in the identification of a substance as an illegal drug, then it may be possible for the individual to have their charges dropped.

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