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- Former Henrico County Coach Sentenced in Sex Abuse Case
Posted on 2/21/2010 - Missing Tech Student's Death Ruled Homicide
Posted on 2/3/2010 - Stepfather Charged in Shooting Death of Chesterfield Teen
Posted on 2/3/2010
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Felony (Larceny /Malicious wounding)
Successful Defense of Malicious Wounding Charges in Virginia Requires the Skills of an Attorney With a Proven Track Record of Successfully Representing Clients Against Malicous Wounding Charges
In additon to the usual reasons that teens should be educated about the consequences of sexual activity, parents need to know and explain to their children that sexual activity with persons under a certain age are illegal, and can lead to severe, lifelong consequences.
Judge Accepts Jury Recommendation on Sentence for Shooting of Richmond Man
DUI & Reckless Driving (Driving Under Influence)
Virginia's "Implied Consent" Statute Compels One Charged With DUI to Give Evidence Against Himself or Lose His License
What We've Been Saying! Former policeman attacks procedures in DUI arrest!
Field Sobriety Tests (FSTs) have been proven to be unreliable indicators of driver impairment, though most people do not know this. Find out what you should know before deciding whether to do them or not.
Virginia Divorce and Family Law Attorney
Virginia Teens Charged With Malicious Wounding Need Skilled Defense Lawyers
If your former husband or wife is not permitting you to have visitation with your children, you may want to contact me to help you understand your rights!
Mother Having Primary Physical Custody of Child Who Moves for Job Retains Status Over Father's Objection
Marijuana, Cocaine Drug and Alcohol Charges
Consent to Search Car, Truck or Van May Lead to Other Charges
Dangers of Teen Sexting International Issue
Scientific Facts on Teenage and Juvenile Drinking
Richmond Virginia Reckless Driving Attorney
Veteran's Day accident on Southbound I-95 near Richmond resulted in criminal charge being filed against a Georgia trucker for reckless driving.
Virginia Court Finds Implied Consent for Employee to Use Company Vehicle for Personal Use
Accident Fatality on I-95 Near Richmond Results in Reckless Driving Charge For Driver Who Fell Asleep
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MedPay Coverage is Critical for Your Protection if You Are Injured in an Auto Accident
Frequently Asked Questions
FAQ Categories:
- Felony (Larceny /Malicious wounding)
- Virginia Divorce and Family Law Attorney
- Marijuana, Cocaine Drug and Alcohol Charges
- Richmond Virginia Reckless Driving Attorney
- DUI/DWI
- General
Felony (Larceny /Malicious wounding)
- When does a search warrant expire?
- When police have a search warrant for a person's house, may they search everywhere?
- Can the police reach into the pockets of my pants or jacket without a search warrant?
- If a police officer asks to search my car, and I consent, does that give him the right to look into my girlfriend's purse or my backpack, too?
- What is an "accommodation sale?"
I was brought in for questioning and signed a Miranda waiver even though I did not want to do it -- the police threatened to arrest me if I did not talk to them. I was arrested anyway after I talked to them. Am I screwed?
- What is exculpatory evidence?
- What is an alibi?
- What is a "Terry Stop?"
- What is an "Alford plea?"
- What does a magistrate do?
- I pled guilty to a charge, but the sentence was harsher than my lawyer told me to expect. Can I appeal?
- Is a jury trial always better than a trial before the judge alone?
- What is circumstantial evidence?
- What is "direct evidence?"
- Can a person be convicted when the case is based only on circumstantial evidence?
- When my friend was stopped for speeding, the officer asked me to get out of the car, too. I complied, but I wasn't sure legally, if he could order me to do that . Can he?
- My cousin was talking with a group of friends on the street when a police car slowly drove by. My cousin saw the officer looking over the group of them very intensely and decided that he'd better get out of there because he was afraid the police were looking for one of his friends. However, when he began walking away the police car stopped and the officer followed him and asked him to stop, which he did. The officer then began questioning him and started to search him and found some contraband. He was then put under arrest. Isn't this illegal?
- Do I have the right to talk to an attorney before answering any questions the policeman asks me?
- Once I was stopped for having a pine tree air freshener hanging from the rearview mirror, and after he gave me the ticket, the officer asked if I had anything illegal like drugs in my car, and if he could search it. I did not know what to do so I let him. What would have happened if I said “No”?
- When Can an Arrest be Made?
- What is "Probable Cause?"
What are my rights if the police arrest me based on information that is not true?
- What happens during an arrest?
- Won't Requesting a Lawyer Be Used Against Me Later?
- But What If I Can't Afford to Hire a Lawyer?
Virginia Divorce and Family Law Attorney
- My husband and I are going through a divorce. In return for my giving up my half interest in our stocks -- currently valued at $100,000 -- he proposes carrying a term life insurance policy until he reaches age 65 with me as the beneficiary under which I will receive $500,000 if he dies before age 65. I think its worth the gamble because he's an idiot and will do something stupid to die young, but is it legal?. I don't want to do this if the court will not enforce it.
My child support payments are set by a court order. It was effective almost two years ago. However, due to the slowdown in the economy, my hours at work have been cut back and the reduction in my income has made it difficult for me to pay child support and my other expenses. My ex-wife knows about this but insists that I continue to pay the court-ordered amount of child support or she will have me held in contempt. Is there anything I can do?
- How is chikld support collected if the parent responsible for paying it moves to another state?
Does the court always favor the mother when granting primary custody of the children?
- I came home from work and found an empty house, plus a note from my wife saying that she wanted a divorce and she had taken the children with here back to Indiana. Can my wife take the children out of state permanently without my consent and without a court order permitting her to do so?
- My husband and I have been having some problems lately. He has been drinking a lot, and has become very aggressive towards me. He's been sleeping on the couch and won't talk to me except to criticize and yell. He refuses to go with me to marriage counseling, or to talk to our minister. I am a nervous wreck! I went to our family doctor and he prescribed medication to calm my nerves and lower my blood pressure. What can I do? We don't have a lot, and the house is in both our names.
- How does the court determine which parent should have primary custody of a child?
- My husband and I divorced, and I got primary physical custody of our two pre-teen children. Recently, the children complain that when they are staying at their father's he is too strict with them. Since the divorce he has been going to church quite a lot and this has changed his life for the better (he's not drinking anymore), but now he's trying to force his ideas on the children and talking to them badly about me because I do not hold the same beliefs as he does. The kids are at the point where they get upset with having to go see him. I tried talking to him about this but he said he's raising the kids according to what the Bible says, and that I am going to spend eternity in Hell if I don't change. He also said this to the children, and that really has them crying and upset. Is there anything I can do to stop this?
- Can court-ordered child visitation be changed?
- My former wife has primary physical custody of our 5 year old son, and I have very liberal visitation with him. Last week she told me her job is being terminated and she wants to move back to her home town in Colorado and live with her parents until she can find a new job there. Of course, she wants to take our son with her, but that is going to wreck my relationship with him. I can't afford to fly out to Colorado and visit him but maybe twice a year, or have him flown here (he's too young to travel alone anyway). Is there anything I can do to prevent her from taking my son out of state?
- My wife got primary physical custody of our two children when we divorced three years ago. Now that the boys are older, they want to come and live me, but my wife opposes this. Don't the kids have some say-so in where they live?
What is an "uncontested divorce?"
- If my husband and I agree to get a "no fault" divorce, how does that work?
- I have custody of my children, but their father is not paying me the child support payments the court ordered him to pay. Can I prevent him from seeing the children or having visitation with them until he gets caught up on his support payments?
- My former wife has physical custody of our two kids, and I have visitation rights every other weekend. The children are older now (almost teenagers) and have asked her if they can spend more time with me. Their mother said to them,"No, because this is what the judge ordered." I don't think she wants me to have more time with them and she is using that as an excuse. What can I do to get my visitation times increased?
I have been paying my ex-wife alimony for the past 5 years. I know she has been living with another man for the past three years, but she won't marry him because she doesn't want to lose the alimony payments I'm making. I don't think this is right. Is there anything I can do to stop this?
- What Are Grounds for Divorce?
- What About Alimony?
- Who Gets the Kids?
- Who Gets the House?
- What About Retirement Benefits?
- What About Life Insurance?
Marijuana, Cocaine Drug and Alcohol Charges
- Is it possible for a parent to be charged with contributing to the delinquency of a minor in Virginia if he serves beer, wine or a mixed drink to his 19 year old daughter in their home?
- My son is graduating high school and wants to have a party to celebrate with his friends. He also wants to have a keg of beer. What is the law in Virginia on this?
- Our 13 year old was called into the school principal's office recently. A policeman was there and he was told to answer all the officer's questions honestly if he "knew what was good for him." By the time the school called us, the policeman had gotten a written statement from our son implicating him in a criminal act for which he has been charged. Is this proper? What can we do?
- Our sixteen year old daughter's backpack was searched by the policeman who stopped the car she was riding in, and he found a small bottle of bourbon in it. She has been charged with underage possession of alcohol. She did not give her consent to search the backpack when the officer asked, but then he told her he could get a warrant if she refused. Is this a legal search?
- Do Miranda rights apply to teenagers?
If I am called to the principal's office at high school and asked to answer questions that could result in my being charged with possession of marijuana, do I have any rights not to answer? I'm afraid they will call in the police.
- One of my friends wants me to bring him some marijuana I got for him from another friend. I don't use drugs, and I don't want to do this, but my friend said we won't get caught. What will happen to me if I am caught with it?
- My son was leaving a fooball game and arrested for possession of marijuana. His case in is the juvenile court, and I don't think he needs a lawyer because the juvenile court records are sealed. Am I correct?
The law prohibits sale or possession of alcoholic beverages to or by a person who is "interdicted." What does that mean?
- My daughter was the front seat passenger in a car stopped for speeding. As the officer was talking to the driver (her best friend), he asked both of them to get out of the car because he said he saw a "pot pipe" on the floorboard behind the passenger seat. He called for backup, and then searched the car. During the search of the rear passenger compartment, he apparently found marijuana in the ashtray of one of the doors. Can the police search a car without a warrant? Can my daughter be convicted of drug possession even if the stuff isn't hers and she did not know it was even there?
I am 15 years old. I got caught smoking marijuana with some friends and have to go to court. What can happen to me since this is the first time I have ever done anything like this?
- If I can join the army to fight for my country, and vote, why can't I buy beer because I'm under 21?
- Are there any circumstances where a person under 21 can legally possess alcoholic beverages, such as beer, wine or liquor?
- What can happen to me if I am charged with possession of alcohol or beer and I am not 21?
- I am a 19 year old sophomore at JMU. I attended a keg party and had a few cups of beer during the night, but waited an hour or more after my last drink before leaving so I could sober up before heading to the dorm. There were three of us in the group I was walking home with and the other two were pretty drunk -- obviously! Campus police saw my friends stumbling, and came over to us and after smelling beer on our breath, arrested all us for underage possession of alcohol. Do I need a lawyer?
Richmond Virginia Reckless Driving Attorney
- I was test-driving a BMW in Richmond. Soon after leaving the dealer's lot another driver ran a stop sign and T-boned the BMW. I was hurt pretty bad. My hospital bills are already over $100,000, and I will likely miss 6 months of work. My lawyer said the other driver had minimum liabilty limits of $25,000 on his insurance policy, but that won't be enough to even cover my medical costs. Am I stuck?
- My teenage daughter was injured in an auto accident recently and was not at fault. The accident occurred in Richmond on I-95/I-64. The other car was driven by the owner's nephew, and because the nephew lived with the owner and was not listed as a potential driver of the car when the application for insurance was made, the insurance company is denying coverage. Can the insurance company do this even when the owner of the other car paid the insurance premiums on time?
Isn't it mandatory in Virginia that all drivers carry auto insurance?
Isn't alcohol the primary cause of most auto accidents, especially on interstates such as I-95 and I-64?
- What do you think is the primary cause of accidents on interstate highways such as I-95, I-295 and I-64 in and around Richmond?
I was driving my employer's truck out of the company parking lot when a co-worker in another company vehicle suddenly pulled out in front of me. To avoid a collision, I swerved hard and lost control, and crashed the truck into a concrete pylon. It's been several weeks and my back and neck are still killing me. My buddy says since I was injured on the job, I cannot sue the company, but this doesn't seem fair. The Worker's Comp benefits are not very much. Is what my friend told me correct?
- I was involved in a traffic accident that wasn't my fault. I had a few medical bills that were mainly covered by the health care plan at work, and I missed some time from the job and had to use sick leave. Do I really need a lawyer to represent me?
- I was negotiating with the other driver's insurance claims agent trying to settle my case. The claims agent said he wasn't going to pay me anything because the accident was partly my fault. Is this correct?
- If I am injured in an accident, how long can I wait before filing a lawsuit?
- What are "punitive damages?"
- How do you prove damages in a personal injury case?
- My neighbor was badly hurt in a wreck and the other driver’s insurance was not enough to cover all of his medical expenses. Is there anything I can do to keep this from happening to me?
- But what happens if the injury prevents me from doing my old job? How can I be compensated for that?
DUI/DWI
- If a police officer stops me and asks if I've been drinking, what should I tell him?
Do I have the right to speak to an attorney if I'm stopped for DUI?
Does Virginia law require me to take the Field Sobriety Tests if the officer asks me to do them?
- Are there any specific "signs" police officers look for in DUI cases?
- When I was doing the Field Sobriety Tests, the officer held a penlight in front of my face and asked me to follow it with just my eye. What did he do this for? How can this be used to show I have been drinking?
- What if I refuse to take the breathalyzer test because I want a blood test instead?
- If the officer failed to advise me of my Miranda rights, will my DUI case be dismissed?
- How can I have two charges against me at the same time for the same incident? I was charged with DUI and refusal to take the breath test.
- Why did I lose my license for a few days following my arrest for DUI if I am presumed innocent until tried by a judge?
- Why should I hire an attorney if I blew over the DUI limit? Isn't that throwing good money after bad?
- How can I find a good lawyer to represent me in my DUI case, and how much should I expect to pay?
- What is the punishment in Virgtinia for a DUI?
- I know I can lose my license for a year, and may get jail time if I am convicted of a DUI. Can it get any worse?
- Are there ANY defenses to a BAC above the legal limit?
I played college football and am a big person. I know my drinking limits and even if the breathalyzer showed I was above 0.08, I know I was not impaired. I am careful when I party so I don't get drunk. How can I be convicted of DUI when I was not driving drunk?
My boyfriend and I went dancing and had a few drinks. He drank more than I did and I volunteered to drive. He said he was okay but I still wasn't sure about that. We got home safely, but I was really nervous. What should I do if this comes up again?
- I was stopped for suspicion of DUI even though I hadn't been drinking. I wasn't arrested, but why did the officer stop me to begin with -- she was very vague about the reason?
- I was stopped by the police for suspicion of DUI. The officer told me I was "weaving in my lane." I did fumble with my cell phone and had to correct my steering, but when I explained this to him he said he smelled alcohol on my breath and wanted me to take some field sobriety tests. When I finished them, he said he was arresting me for DUI because I failed the "walk and turn test," the "eye test." I took the breath test at the police station and the reading was 0.09. I don't want a DUI conviction on my record, but I don't want to spend any money to fight this unless I think I have a chance to win. What do you advise?
- If I'm stopped by the police, can I be arrested if I refuse to do the the field sobriety tests?
- Don’t I have the right to seek the advice of an attorney before deciding whether to take the breath or blood test?
- I know I can refuse to take the preliminary breath test at the scene, but if the officer asks me to do the field sobriety tests, must I?
- What can I do if I am arrested for DUI?
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Law Chambers of Anton J. Stelly
P.O. Box 11276
6002A West Broad Street
Suite 205
Richmond, Virginia 23230-1276
Phone: (804) 726-4778
Fax: (804) 726-4779
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FAQs
Felony (Larceny /Malicious wounding)
When does a search warrant expire?
When police have a search warrant for a person's house, may they search everywhere?
Virginia Divorce and Family Law Attorney
Marijuana, Cocaine Drug and Alcohol Charges
Richmond Virginia Reckless Driving Attorney
DUI/DWI
If a police officer stops me and asks if I've been drinking, what should I tell him?
Do I have the right to speak to an attorney if I'm stopped for DUI?