Spousal Support in Virginia

Spousal support is one of the first thing many people think about when they are getting a divorce: Will I get any? How much?  Will I have to pay spousal support?

Spousal support, in Virginia, is not guaranteed to a spouse upon a divorce.  There are many, many factors that a court must take into account and consider before awarding spousal support.  These factors include, but are not limited to standard of living during the marriage, duration of the marriage, monetary and non-monetary contributions to the well being of the family, earning capacity, etc.

Due to the variety of the factors, it is impossible to predict if a court will award spousal support and if they do award spousal support, how much.  Each case is different and even with similar facts, judges may weigh certain factors differently than other judges which could result in very different decisions.  This is one reason many people attempt to negotiate a spousal support agreement rather than ask the court to decide.  

If you are serious about wanting to pursue spousal support, you should contact an attorney immediately as it is an issue that you could unintentionally waive very early on in the process if you are not careful. 

When can you get an expungement?

I have come across many people who are very misguided on the use of an expungement.  An expungement is a legal tool to have any record of your arrest, trial, etc. removed from all files.  The result is that it basically looks like it never happened.

You were found not guilty, so why would you want an expungement?

Although being found not guilty is a great result, unfortunately, in today's society that is not enough.  Many Americans have forgotten the concept of "innocent until proven guilty" which means when they see you were arrested with a charge, even though you were found not guilty, people assume you did something wrong. 

How do you get an expungement?

There is a process to petition the court for the expungement of your records relating to a charge which was ultimately dismissed.  This process includes serving the Commonwealth Attorney (or other relevant party) and obtaining your fingerprints and records from the Virginia State Police.  The Commonwealth Attorney then has the opportunity to object to having your file expunged.

When is an expungement available?

The standard for an expungement is higher than just being found not guilty.  Expungements are typically reserved for those who are "innocent".  This is a higher standard than being found not guilty.  Obviously to obtain an expungement, you should never plead guilty to the crime as you are admitting you are not innocent.  Typically, if there is a finding of guilt or facts sufficient to prove guilt, you will be unable to obtain an expungement. 

Expungements are controlled by a complicated set of laws and if you are interested in obtaining an expungement, you should speak with an attorney first. 

More than just a DUI

Have you ever thought about all the consequences of a DUI?  Sure, you've thought you could get pulled over or stopped at a check point and get a DUI, lose your license temporarily, pay a fine and probably not spend any time in jail.  A simple DUI, however, is not the only consequence you could face. 

Let's assume you do get a simple first offense DUI, lose your license, pay your fine and move on with life.  Do you know what happens if you get another DUI?  There could be mandatory jail time, you could get your license revoked, not just suspended and possibly face a felony charge instead of just a misdemeanor.

Aside from simply getting a DUI, have you ever considered how life would change if you were to be involved in an accident, even killed someone?  You would be facing a felony and likely spend 10 - 20 years in prison.  And that would be the least of it.  Not only would you have to sit in prison, you would have to live with the fact that you killed someone, that you changed the lives of everyone who knew that person and everyone who knew you.  Your life, your family's lives, your friend's lives would never be the same.  The victim would not get to see the rest of his/her life, his/her family's lives, friend's lives would never be the same.

So when you make the decision to drive after you've been drinking, remember it's not just a DUI you could be facing but you could be making a decision that will change the rest of your life. 

Why you should consult with an attorney on even a minor charge - The trial

So you've prepared for the case to the best of your ability and you are nervously awaiting the date of your trial.  Do you know what to expect?  In general district court it can get pretty chaotic and intimidating.  Do you know how to address the judge?  Do you know what evidence you are allowed to present and when you present it?  How do you know when it's your turn to talk and when it's the prosecutor's time to talk?

An attorney is trained and knows all of these things.  Not only do you have better preparation having prepared with an attorney, the process will go much smoother having someone by your side to explain not only the law, but the process.

Your attorney knows the evidentiary rules and how to present evidence to a judge.  Aside from the actual trial, your attorney knows how to negotiate a plea with the prosecutor, if that the is best route to take, and what is an acceptable plea to take.

Just as importantly, after your trial, your attorney can interpret and explain to you the consequences of the result.  For example, your attorney can give you more details about what it means to be ordered to do community service or your requirements for probation.  This is key in ensuring you do not get in more trouble in the future.  

Why you should consult with an attorney on even a minor charge - Preparing the case

Now that we've talked about understanding the charge and possible collateral consequences, this post will discuss the process of preparing your case for trial and why consulting with an attorney could make a huge difference.  Picture yourself in this scenario: you have been charged with driving under the influence and decide it's no big deal, you can handle this without an attorney.  What would your next step be?

An attorney should always know what the next step is.  It may be that you interview and subpoena witnesses, it may be that you speak with the Commonwealth Attorney, etc.  The process of preparing the case is essential to the outcome of the case.  For example, let's say you have a friend who tells you he'll come to court and testify that you were never actually driving the car.  That sounds great, right?  Do you know how to ensure his presence at trial?  Or are you simply taking his word for it that he'll show up on your trial date? Do you know what questions you can ask that witness on the stand?  Do you know how to prepare that witness for the cross examination he will endure by the prosecution?

There is a lot that goes into preparing for a case even on a minor charge.  It may appear simple.  However, there are a lot of peculiar things that attorneys know and understand that will increase the chances of your success at trial.

Again, many attorneys will offer an initial consultation for a minimal fee.  No matter how small the charge, it is a good idea to consult with an attorney to determine how to best handle the case at hand. 

Why you should consult with an attorney on even a minor charge -Collateral Consequences

The consequences of a misdemeanor may seem very little and easy to understand.  The possibility of jail time, a fine, etc.  This post continues on why you should consult with an attorney on a misdemeanor charge (see previous post for introduction).

While the penalties set out for misdemeanors may appear to be straight forward, there may be hidden consequences that you are unaware of, which an attorney would be able to advise you on.  For example, if you are convicted of a DUI, any subsequent DUI may come with MANDATORY jail time.  If you are convicted of petit larceny, a subsequent larceny may be a FELONY.  Due to these collateral consequences, it is important you understand the full impact of a conviction before going to court.  An attorney will be aware of these collateral consequences and should advise you as to those consequences.

Further, you should think about the impact a conviction may have on your job, school, career or any future plans you had.  For example, many companies that require you to drive frequently or provide a company car, may be seriously deterred if they see you have been convicted of a DUI.

Consulting with an attorney prior to court will help you see the big picture of the charge you are facing, not just the short term effects of a conviction. 

Why you should consult with an attorney on even a minor charge - Understanding the charge

I have found that many people do not fully understand the benefits of simply consulting with an attorney.  This post is directed at people who have been charged with misdemeanors.  When you are charged with a misdemeanor, a few things could happen: first, you could be facing jail time and found to be indigent, in which case the court will likely appoint you an attorney; second, you could be facing jail time but the court has not found you indigent; third, you could be facing jail time but the Commonwealth Attorney waives any possibility of jail time; and finally, the charge may be so minor that there is no possibility of jail time.  The latter three scenarios means the court does not appoint you a lawyer and you have to decide whether or not you will proceed pro se (without an attorney) or retain an attorney on your own.

Consulting with an attorney does not mean you have to retain that lawyer to represent you.  It simply can mean you meet with an attorney to decide whether or not you are capable of representing yourself or whether you should be represented by an attorney.  The next few blog posts will discuss why it is important that you consult with an attorney regarding these charges.

DUI, DUI 2nd, Refusal, Trespass, Assault, Contributing to the delinquency of a minor, reckless driving, driving on a suspended license.  These are just a few of the misdemeanor charges in Virginia.  While they many appear straight forward based on the name of the charge, there are a ton of intricacies within these charges.  Attorneys are trained to know these intricacies and/or be able to research and understand these intricacies to ensure that the legal system is working properly.  It is important to understand each element of the charge, as well as each possible defense, to determine whether or not you are guilty of the charge.  The first step to defending your rights after being charged with a misdemeanor is to fully understand the charge.

Consulting with an attorney will not only help YOU understand the charge, but, if you decide to retain that attorney, will provide you with someone who fully understands the charge and all of its intricacies.