Posts Tagged ‘Richmond Beach’
Virginia Underage Drinking & DUI Defense
The Commonwealth of Virginia has made some new changes to the underage drinking laws in Virginia. As of July 1, 2010, the change in the laws regarding alcohol and minors have significantly increased the restrictions and penalties associated with underage drinking of alcohol by minors. Both the drinking of alcohol of minors and the driving under the influence by minors laws have become more harsher and they both affect the minors’ drivers license.
Regarding minors being caught in possession of alcohol (Minor in Possession), a second offense of Minor in Possession will result in the possible loss of the minor’s license for up to a year in Virginia. The previous law only allowed the State to take the license for up to 6 months. Keep in mind, the loss of license will be imposed regardless of if you had been driving at the time of the offense.
Another significant change was the change in the law as to penalties for minors convicted of Driving Under the Influence (DUI). Virginia Courts used to have the authority to grant a restricted license to drive to school for minors convicted of DUI in Virginia. The new law makes it mandatory for the Judge to revoke the driver’s license of a minor convicted of a DUI in Virginia.
If you have been charged with underage drinking (Minor in Possession of alcohol) or Underage DUI in Virginia, contact the SRIS Law Group Virginia DUI lawyers for help.
The SRIS Law Group has offices in Fairfax County, Prince William County, Richmond, Virginia Beach, Loudoun County, Fredericksburg & Lynchburg.
Virginia Class 6 Felony Defense
If you are charged with a Virginia Class 6 felony, contact the SRIS Law Group Virginia felony defense lawyers for help.
Virginia Law § 18.2-10. Punishment for conviction of Class 6 felony; penalty.
For Virginia Class 6 felonies, a term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
Virginia Class 5 Felony Defense
If you are charged with a Virginia Class 5 felony, contact the SRIS Law Group Virginia felony defense lawyers for help.
Virginia Law § 18.2-10. Punishment for conviction of Class 5 felony; penalty.
For Virginia Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
Virginia Class 4 Felony Defense
If you are charged with a Virginia Class 4 felony, contact the SRIS Law Group Virginia felony defense lawyers for help.
Virginia Law § 18.2-10. Punishment for conviction of Class 4 felony; penalty.
For Virginia Class 4 felonies, a term of imprisonment of not less than two years nor more than 10 years and, subject to subdivision (g), a fine of not more than $100,000.
Virginia Class 3 Felony Defense
If you are charged with a Virginia Class 3 felony, contact the SRIS Law Group Virginia felony defense lawyers for help.
Virginia Law § 18.2-10. Punishment for conviction of Class 3 felony; penalty.
For Virginia Class 3 felonies, a term of imprisonment of not less than five years nor more than 20 years and, subject to subdivision (g), a fine of not more than $100,000.
Virginia Class 2 Felony Defense
If you are charged with a Virginia Class 2 felony, contact the SRIS Law Group Virginia felony defense lawyers for help.
Virginia Law § 18.2-10. Punishment for conviction of Class 2 felony; penalty.
For Virginia Class 2 felonies, imprisonment for life or for any term not less than 20 years and, subject to subdivision (g), a fine of not more than $100,000.
Virginia Class 1 Felony Defense
If you are charged with a Virginia Class 1 felony, contact the SRIS Law Group Virginia felony defense lawyers for help.
Virginia Law § 18.2-10. Punishment for conviction of Class 1 felony; penalty.
For Virginia Class 1 felonies, death, if the person so convicted was 18 years of age or older at the time of the offense and is not determined to be mentally retarded pursuant to § 19.2-264.3:1.1, or imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000. If the person was under 18 years of age at the time of the offense or is determined to be mentally retarded pursuant to § 19.2-264.3:1.1, the punishment shall be imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000.
Divorce In Virginia & Adultery
One of the fault based grounds for a divorce in Virginia is adultery. There is no waiting period before filing a divorce in Virginia on the ground of adultery.
Proving Adultery In Virginia
Adultery is defined as a married person engaging in sexual intercourse with a person that is not his or her spouse. Virginia law requires that the proof of adultery be based upon “clear and convincing” evidence, a higher standard of proof than other grounds for divorce. Therefore, in order to prove adultery in Virginia, the party alleging adultery must provide the Court with “clear and convincing evidence” that one’s spouse in fact had sexual intercourse with another person.
Defenses to an Adultery Charge when Divorce is filed in Virginia
Virginia law provides several possible defenses to a charge of adultery. If the party accused of adultery proves any one of these defenses, then the party alleging adultery will not be able to obtain a divorce on the ground of adultery:
- Condonation
- Connivance/Procurement
- Recrimination
- Time Barred
Adultery and Spousal Support in Virginia
Adultery is no longer necessarily a complete bar to the adulterous spouse receiving spousal support. Rather, the Court may still award the adulterous spouse support in some cases, based on (1) the relative degrees of “fault” of the parties, and (2) the relative finances of the parties.
Adultery and Equitable Distribution In Virginia
Adultery may or may not have an impact on the Virginia Court’s “equitable distribution” of the property and debts of the parties—depending upon whether the adultery is shown to have had “economic consequences.”
If you need help with a divorce in Virginia involving adultery, please contact the SRIS Law Group Virginia divorce lawyers for help.
Virginia Possession of Child Pornography Defense
The SRIS Law Group Virginia attorneys who defend clients charged with possession of child pornography in Virginia, receipt of child pornography or distribution of child pornography in Virginia are very experienced at defending clients charged with violating Virginia Code Section 18.2-374.1:1.
Possession of child pornography is a very serious charge in Virginia. It is a felony in Virginia and it will result in you having to register on the sex offender registry for the rest of your life. Contact us at 888-437-7747.
Virginia Law Possession of child pornography; penalty. § 18.2-374.1:1.
A. Any person who knowingly possesses any sexually explicit visual material utilizing or having as a subject a person less than 18 years of age shall be guilty of a Class 6 felony. However, no prosecution for possession of material prohibited by this section shall lie where the prohibited material comes into the possession of the person charged from a law-enforcement officer or law-enforcement agency.
B. The provisions of this section shall not apply to any such material which is possessed for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose by a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, attorney, judge, or other person having a proper interest in the material.
C. All sexually explicit visual material which utilizes or has as a subject a person less than 18 years of age shall be subject to lawful seizure and forfeiture pursuant to § 19.2-386.31.
D. Any person convicted of a second or subsequent offense under this section shall be guilty of a Class 5 felony.
Virginia Possession of Child Pornography Defense
The SRIS Law Group Virginia attorneys who defend clients charged with possession of child pornography in Virginia, receipt of child pornography or distribution of child pornography in Virginia are very experienced at defending clients charged with violating Virginia Code Section 18.2-374.1:1.
Contact us at 888-437-7747.
Virginia Law Possession of child pornography; penalty. § 18.2-374.1:1.
A. Any person who knowingly possesses any sexually explicit visual material utilizing or having as a subject a person less than 18 years of age shall be guilty of a Class 6 felony. However, no prosecution for possession of material prohibited by this section shall lie where the prohibited material comes into the possession of the person charged from a law-enforcement officer or law-enforcement agency.
B. The provisions of this section shall not apply to any such material which is possessed for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose by a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, attorney, judge, or other person having a proper interest in the material.
C. All sexually explicit visual material which utilizes or has as a subject a person less than 18 years of age shall be subject to lawful seizure and forfeiture pursuant to § 19.2-386.31.
D. Any person convicted of a second or subsequent offense under this section shall be guilty of a Class 5 felony.
