Harrisonburg Virginia Legal Blog

Other criminal charges commonly associated with alcohol

On behalf of John Elledge & Assoc PC posted in Criminal Defense on Friday, July 5, 2019.

This blog has on previous occasions discussed the significant consequences a resident of Harrisonburg or the other Shenandoah Valley communities in Virginia may face if they get charged with a DUI.

However, particularly around a major holiday during which people will choose to drink, it may be important to remind residents that police can, and commonly do charge people with other types of crimes the frequently involve alcohol. Bear in mind that a person can face these crimes regardless of age; it is of course also not legal to drink while under 21.

What factors do courts consider when determining child custody?

On behalf of John Elledge & Assoc PC on Wednesday, July 3, 2019.

As a parent, one of your main concerns during divorce may be over child custody. Which parent will your children live with? How often will you see your children? Will you still have a voice in child rearing decisions? The answers to all of these questions will depend on your child custody arrangement.

Parents often work together to create custody arrangement they can both agree on. However, there are times when parents simply cannot agree. If you and your ex-spouse cannot agree on custody matters, a court may need to decide for you.

Government potentially preparing to conduct immigration arrests

On behalf of John Elledge & Assoc PC posted in Immigration on Friday, June 21, 2019.

While there was some dispute about the timing and number of people involved, Immigration and Customs Enforcement, or ICE, confirmed that it is planning to conduct many arrests of undocumented immigrants over the next several days and weeks.

The first warning sign of an upcoming sweep is that ICE has been devoting more resources to Enforcement and Removal Operations, the group within ICE that handles deportations.

Virginia's license suspensions for DUI are harsh

On behalf of John Elledge & Assoc PC posted in DUI on Friday, June 7, 2019.

Even if a Harrisonburg resident can avoid jail time after a first-offense DUI, there are still plenty of consequences to a conviction that can really make life hard for several months.

For example, Virginia has a one-year license revocation for a first time drunk driving conviction. For those who rely on their vehicles to get to work, school, or just where they need to go, having to find other transportation for a year can be a real hardship. As expected, if it is a repeat offense, the suspension can be longer.

An attorney can still be helpful in a divorce mediation

On behalf of John Elledge & Assoc PC posted in Divorce on Friday, May 24, 2019.

As many people in Harrisonburg may realize even by a quick search online, divorce and family law mediation are becoming increasingly popular ways by which Virginia couples try to resolve their disputes.

Some Virginia courts may even require most couples to participate in mediation.

Do I need to have a specific reason to ask for divorce?

On behalf of John Elledge & Assoc PC on Wednesday, May 22, 2019.

Divorce can be confusing to people because there are two types of divorce recognized by Virginia law. Divorce from bed and board is a partial divorce that allows a couple to legally separate but does not allow remarriage. However, when most people use the word divorce, they are referring to a complete divorce, also called a divorce from the bond of matrimony.

If you intend to seek a divorce, you must have a legally valid reason, called a ground. Virginia recognizes several fault grounds and a no-fault ground for a divorce from the bond of matrimony.

Virginia's sex offender registry

On behalf of John Elledge & Assoc PC posted in Criminal Defense on Friday, May 10, 2019.

Like other states, Virginia requires those convicted of certain sex crimes, or even certain crimes that could have a component of sexual abuse, to register as sex offenders.

Some of the crimes that can land a Harrisonburg resident on the registry may seem fairly obvious. For instance, someone successfully accused of rape or of certain crimes related to the assault of children will wind up on the registry, sometimes for life.

What is a DUID in Virginia?

On behalf of John Elledge & Assoc PC posted in DUI on Friday, April 26, 2019.

When Harrisonburg, Virginia, residents think of a DUI, their first thought may involve driving after consuming too much alcohol. It may even be burned in their memories that if they test over .08 blood alcohol content after being pulled over, then they will likely face a DUI charge.

However, like other states, Virginia criminalizes driving under the influence of any drug or combination of drugs, including drugs and medicines that a person may have obtained legally.

How would a divorce impact my immigration status?

On behalf of John Elledge & Assoc PC posted in Immigration on Friday, April 12, 2019.

Many immigrants who live in Virginia are married to United States citizens. Should the marriages of these immigrants end in a divorce, they may wonder what will become of their legal status.

After all, without the right status, an immigrant may not be able to apply for permanent residency and, in the worst case, may lose his or her permission to live in the United States at all.

Lawyers' group concerned about immigration courts

On behalf of John Elledge & Assoc PC posted in Immigration on Thursday, March 28, 2019.

The American Bar Association, or ABA, which is a large, nationwide organization of lawyers, has again expressed its concern that the immigration courts in Virginia and throughout the rest of the country are facing serious structural difficulties.

According to the report, the immigration courts are experiencing a large caseload, which in turn means additional delays in the administration of this country's immigration laws. Indeed, according to records, there are about 800,000 cases currently before the immigration courts. At the time the ABA last reported on the status of the immigration courts, in 2010, the backlog was 262,000 cases.