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The Virginia Code defines abduction as the unauthorized holding or transporting of someone against their will by force, threat, intimidation, or deception. It doesn’t require years of law school to be able to recognize abduction, also referred to as kidnapping, when a victim is tied up, gagged, blindfolded, thrown in the trunk of a car and carried off to be ransomed. These acts certainly fit the legal definition of abduction under Virginia criminal law; but many other situations not so obvious to the casual viewer are also considered kidnapping and carry the same penalty – up to twenty years in Virginia State Prison.

A non-violent abduction charge could be filed against someone who uses trickery or deception in order to coerce the victim who may otherwise be cooperative. For instance, impersonating a police officer by flashing a blue strobe light in order to entice a motorist to pull over is guilty of abduction. A homeowner who threatens their housekeeper to report them to Immigration and Customs Enforcement (ICE) unless they work overtime may be charged with abduction. During a lover’s spat if one holds the purse and driver’s license of their estranged to keep her from driving away may be charged with abduction.

There are other non-violent situations where no actual force is used against someone, but force is implied. For instance, a passenger in a moving vehicle who demands to be let out and the driver refuses to stop the car; the driver may be charged with kidnapping. Also, under Virginia law, there is no requirement that the victim be held for a particular time period. The abduction is completed at the instant the victim’s movement is curtailed.

A common non-violent abduction offense involves parental kidnapping. Parental kidnapping usually involves little to no coercion or force; most cases involve a complicit, and often willing, victim. The parent may be charged with abduction simply by not returning the child to the custodial parent or guardian. Similarly, abduction may be charged in cases involving young lovers when one is kept from their parents, or when a runaway child who is harbored against the will of their parents.

If you or a family member is charged with abduction in Virginia Beach, you should contact a criminal defense lawyer who is experienced in abduction cases. Our criminal lawyers will advise you on a proper course of action, plan an aggressive defense, and may be able to negotiate a reduction of the charge or dismissal altogether. (757) 422-4646. Calls answered 24/7/365.

Garrett Law Group, PLC - Criminal Attorneys Virginia Beach

Child custody issues are the most emotionally challenging of all family law cases. Outside of cases of abuse or other harm to the children, under Virginia law, each parent is entitled to a meaningful, nurturing relationship with their children. There are things you can do to enhance your chances to prevail in court in matters involving decisions on primary physical custody and visitation schedules as well as modification to previously decided issues.

One of the easiest things to do is to keep a log or journal detailing your involvement in your children’s lives, or the other parent’s lack of involvement. You should also consider this documentation even if no litigation is yet pending. Being able to provide your child custody lawyer with a lengthy, detailed journal may be a major advantage in your child custody or visitation case.

When keeping a journal, be sure to note things such as visitations, noting when you showed up, how the exchange was handled by the other parent, and if there were any witnesses present. Keep notes concerning phone calls to your children when they are in the custody of the other parent. Maintain accurate child support and spousal support noting any late or under payments.

In addition, you should be well informed about your children’s daily activities and be sure to note your involvement in your child’s school and extracurricular activities. Attend parent-teacher conferences, doctor’s visits, school plays, baseball games and piano recitals. The more involved you are with your child, the more a court will agree to grant you more time with them.

If you are a party to case of child custody and visitation in Virginia Beach, contact our office today for a consultation. (757) 422-0195. Our Virginia Beach family law attorneys are available to answer your questions 24/7/365.

Garrett Law Group, PLC - Virginia Beach Child Custody Attorneys

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) 422-4646. Our phones are answered 24/7/365.

Garrett Law Group, PLC - Family Law Attorneys Virginia Beach

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.

Beginning Sunday, July 1, individuals convicted of a first-offense driving under the influence (DUI) will now be required to install an ignition interlock on their personal vehicles. The ignition interlock requirement is a condition of having a restricted license and must be installed for six months. The new ignition interlock requirement will cost about $480 over the course of the six months. This fee is in addition to the mandatory minimum court fine of $250, court costs of about $200, and the mandatory fee of $300 to attend a Virginia Alcohol Safety Action Program (ASAP) counseling class.

In addition to those mandatory fees imposed by the Court, anyone convicted of DUI will certainly suffer from increased insurance premiums, either loss of or restricted driver’s license, and a possible jail sentence (mandatory is some cases). For second or subsequent DUI offenses or those cases involving very high blood alcohol content (BAC) results, these penalties are even more severe, including mandatory jail time of up to six months, and complete loss of driving privileges for as much as three years.

If you or someone you know has been charged with DUI in Virginia Beach, consulting with a Virginia Beach DUI attorney should be a top priority. Please contact us today for a free consultation. (757) 422-4646. You can speak with an attorney 24/7/365 about your situation and have your questions answered.

Garrett Law Group, PLC

In Virginia you may only have a criminal charge expunged if you received a favorable ruling on the charge, or you have received an absolute pardon after being wrongly convicted. A favorable ruling includes matters that have been resolved by nolle prosequi (i.e., the charges were dropped by the prosecutor), the charges against you were dismissed, or you were found not guilty after a trial on the merits. An expungement can be requested by individuals who have been charged with felonies and misdemeanors, including traffic matters such as reckless driving or DUI.

For any criminal conviction, an individual may petition the Governor of Virginia for a pardon through the Secretary of the Commonwealth’s Office. Unless you receive an “absolute pardon” from the Governor, indicating that you were wrongly convicted of the charge, there is no provision under Virginia law to have a criminal conviction expunged. It matters not how minor the offense, such as littering or public intoxication, or how long ago the conviction. Since any criminal conviction may have adverse effects on gaining employment, an education, and credit, you should always consult with a criminal defense attorney before pleading guilty or thinking, “I’ll just pay the fine.”

To initiate an expungement proceeding, you must file a petition in the Circuit Court in the jurisdiction of the charge, even if your case was resolved in General District Court, Traffic Court, or Juvenile & Domestic Relations Court. If you would like to file for an expungement in Virginia Beach, we are ready to help you today. (757) 422-4646.

Garrett Law Group, PLC

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.

James Garrett
Garrett Law Group, PLC

Thousands of people are killed and millions are injured in motor vehicle crashes. These crashes frequently are caused by the negligence of other drivers, leading to death or injury for these drivers as well as for innocent victims. Motor vehicle accidents can have many causes, but they most simply can be divided among negligence, intentional misconduct, or product liability. While it is true that accidents can be caused by a so-called "act of nature" such as earthquakes, this is rare.

Negligence is one of the primary causes of automobile accidents. Negligent acts mean that the driver causing the accident did not exercise reasonable care. Examples include driving too fast or too slowly for the conditions, allowing oneself to be distracted, and carelessly ignoring traffic signals or conditions. There are many areas in which negligence can occur, but the common thread is that negligence is a failure to be careful rather than an act intended to cause harm. A person who is distracted and rear-ends another vehicle at a red light is negligent.

Intentional misconduct, on the other hand, is an action committed when the person knew that doing so could cause harm and did not care, or actively desired to harm others. Someone who drives at a high rate of speed, cutting in and out of traffic, is intentionally putting himself and others at risk.

The law of strict liability could apply in some circumstances, and neither negligence nor intent would need to be shown. A third cause of auto accidents is product failure, a prime example of which being the Firestone tire litigation. In those cases, defects in the tires caused accidents beyond drivers' control. The defects were not intentional but under the law, the manufacturer was responsible. A similar situation could exist if a repair to the car was done improperly and resulted in a crash. In some states, in the case of auto accidents caused by drunk drivers, the business or host who supplied the alcohol and allowed the driver to drive in an intoxicated condition could be found to have a secondary liability.

If you or a loved one has suffered an injury as a result of a vehicular accident, call a personal injury lawyer. Initial consultations are usually free of charge, and if they agree to handle your case, they generally will work on a contingency fee basis, which means there is a fee for their services only if there is a monetary recovery of funds.

Garrett Law Group, PLC
Virginia Beach Accident Injury Lawyers

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One of the excuses we hear most often to the charge of assault and battery is, “He hit me first,” or similarly, “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 used 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 criminal attorney if you think you have a claim of self-defense. (757) 422-4646

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Many people may go into a divorce thinking the process will remain as an uncontested divorce and that everything is going to stay amicable. Additionally, this desire to keep everything as friendly and simple as possible could mean not making the best financial decisions in an effort to not rock the boat and cause arguments. However, it's important that even in cases where the divorce seems to be going good, to still protect your finances.

The first thing you will want to do is separate your bank accounts. Even if you feel this will make your ex mad, it's better to separate everything now, than run the risk of your ex cleaning everything out. While the divorce court would likely consider that spouse liable for waste of the marital assets, you may have to wait until long after the divorce is final before you will see any compensation for that financial loss.

Secondly, along that same line, you should stop contributing to any retirement accounts, 401k’s, or whole life insurance policies. Open new accounts and continue any contributions to those accounts. The original accounts will likely be considered marital assets to which your spouse will be entitled to a part. The new accounts, however, can be successfully argued as your sole property. In addition, you should contact your insurance agent to change the name of your beneficiaries if it currently is your spouse.

If you would like to speak to a Virginia Beach divorce attorney about asset distribution, please contact us today. (757) 422-4646.

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