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Harrisonburg Virginia Legal Blog

What does it mean to possess drugs in Virginia?

It is not uncommon for the elements of a criminal charge to have at least two requirements, with one of those requirements being a physical action or omission and the other being a mental state or intention. For example, when a person is charged with assault, a prosecutor generally must prove that an alleged assailant intended to cause their victim harm through their action of preparing to cause physical contact.

Factors that may be considered in a request for alimony

Not all Virginia divorces will include negotiations or hearings concerning alimony. This is because not all marriages end with one party financially disadvantaged when compared to the other. When one party to a marriage has given up their opportunity to earn an income or put their own career on hold in support of their partner and their family, they may have grounds on which to assert a request for spousal support.

Spousal support is intended to give a person a chance to get on their feet after ending their relationship. If they do not have any money or earnings of their own, it may be next to impossible for them to find a new residence, establish a new life, and move into their future without financial help. Alimony may be used to rehabilitate a person to re-enter the workforce to become self-sufficient or to help them obtain the education they need to secure gainful employment.

What is a visa?

Immigration has been an incredibly controversial topic in the news over the course of the last year. There is no way for a Virginia resident to avoid the ongoing debate over how to allow individuals to enter the United States and what to do with them if they arrive through illegal channels. However, the topic of immigration is much larger than just border controversies and family reunifications. Immigration law includes the application for and receipt of visas for many non-U.S. citizens.

A visa is effectively a document that allows a person to visit or reside in country where they do not have citizenship. Visas can be issued for a number of different purposes. College students may need to secure visas in order to travel abroad and study at foreign universities, and workers may need to get visas in order to move their employment overseas and work in different countries.

Possible evidence against a driver in a DUI case

A DUI charge can be damaging to a person in many different ways. Aside from imposing a significant legal battle in their path, it may also impact their ability to do their job and provide for their family. In Virginia, prosecutors may use a wealth of evidence to demonstrate a driver's intoxication in support of a DUI charge.

One category of evidence that may be presented in a DUI case comes in the form of testimony from an arresting law enforcement officer. That individual may provide sensory impressions of their encounter with the alleged drunk driver, such as the smell of alcohol in their car, the driver's alleged inability to focus their eyes, and other observations.

What children need during a separation and divorce

Children have sensitive hearts when it comes to parents splitting up. It is often the most difficult experience for a child to endure while growing up. There is a major paradigm shift from what ‘family’ was originally defined, to the unknown of what it is becoming.

Fear and sadness are common underlying emotions behind anger and silence. Children need to feel safe and loved always and divorce can significantly disengage them from those vital feelings. Parents are the pillars they attach themselves to while they are still too young to take care of themselves. Therefore, their emotional wellbeing is vulnerable when not protected.

What is the difference between grand and petit larceny?

A larceny is generally a theft and a theft can involve a number of elements. It can involve the taking of property from someone else and the intent of the taking party to prevent the property's owner from ever getting it back. In Virginia, larcenies are classified as either grand or petit.

Grand larceny concerns takings of property with higher monetary values. For example, taking someone's personal property valued at $200 or more is grand larceny; taking property that is valued under $200 is considered petit larceny. However, if a person takes property off of another person's body, then the value of that property only needs to be $5 to be considered grand larceny. The theft of any firearm is also considered grand larceny.

A certain type of debt may lead to marital problems and divorce

Anyone who has ever wondered how they would pay a large bill or make their rent understands the stress that comes with not having enough money. In fact, money or a lack thereof is a major source of personal stress of many Virginians that can wreak havoc on their lives. Marriages can suffer when money woes plague relationships, and problems concerning money are a common cause of divorces.

However, a recent survey found that one specific type of financial liability seemed to take a leading role in causing divorces between American couples. Student loans were identified as the cause of divorce for around one out of every eight failed marriages. This may not come as a surprise to readers of this Harrisonburg legal blog as the costs of post-secondary education have skyrocketed in the United States.

Will my ex be required to pay child support?

Under Virginia law, both of a child's parents are required to support them financially. This means that when a court decides the custody of a child, the parent who receives physical custody and the noncustodial parent will both have to pay toward the well-being and needs of their offspring. Noncustodial parents are the ones who generally are bound to child support orders and agreements.

To this end, a noncustodial parent will probably have to pay child support. The Virginia guidelines require courts to look at the incomes of the child's parents as well as the costs that are associated with raising a child in the community where the matter is being resolved. Based on those and other factors, a court will decide how much money a parent should have to pay to help take care of their child.

Defending one's self against damaging assault allegations

The crime of assault is serious and can leave a person facing significant penalties if they are convicted of charges alleging that the engaged in that prohibited conduct. This post will examine the steps that a prosecutor in the courts of Virginia must take in order to prove their case against a criminal defendant charged with assault. It will also discuss ways that defendants can demonstrate their innocence or provide applicable defenses to their alleged crimes.

An assault happens when one person's threatens another person with physical harm. The alleged aggressor in the assault event does not actually have to hurt their alleged victim because an assault only involves the threat of pending injury. When physical conduct results after an assault, the related criminal charge of battery may be added to the individual's list of charges.

How is debt divided in divorce?

Now that you are divorcing, you face the overwhelming task of dividing your marital assets and debts. You may be apprehensive about splitting your retirement accounts, family home and savings, but the prospect of assuming your spouse’s debts may be even more alarming.

Maybe they have accumulated a substantial amount of credit card debt, student loans or pushed to purchase a new lake house. You do not think that you should have to carry your spouse’s debt with you into your new life. Will the Pennsylvania courts agree?

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