Generated by All in One SEO v4.9.2, this is an llms.txt file, used by LLMs to index the site. # Winslow, McCurry & MacCormac, PLLC Richmond Area Lawyers Focusing in Business Law, Personal Injury and Family Law ## Sitemaps - [XML Sitemap](https://wmmlegal.com/sitemap.xml): Contains all public & indexable URLs for this website. ## Posts - [Chapter 11 Subchapter V Essentials to Consider](https://wmmlegal.com/chapter-11-subchapter-v-essentials-to-consider) - Subchapter V bankruptcy offers many perks specifically designed for small businesses, but it can also offer some challenges. Tight Deadlines: One of the biggest challenges in Subchapter V bankruptcy is the fast-paced timeline for submitting and getting a reorganization plan approved. Debtors have just 90 days from filing to get their plan in, which is - [Mental Health Defenses to Crimes: Know the Differences](https://wmmlegal.com/mental-health-defenses-to-crimes-know-the-differences) - Facing criminal charges, especially when involving mental health conditions like autism spectrum disorder, intellectual disabilities, or developmental disabilities, can be overwhelming and distressing. It's crucial to understand the legal processes and available defenses. When charged with a crime, determining the defendant's competency to stand trial is the first step. Competency refers to the ability to - [Parental Withholding: A Cautionary Yarn](https://wmmlegal.com/parental-withholding-a-cautionary-yarn) - Once a parent files to determine custody and visitation, they are often faced with months long wait times before they can have a final trial of their case on the merits with a Judge. In the meantime, the question often arises, what time should I offer the other parent? In Virginia, a Judge must consider - [Navigating a Lawsuit as a Business Owner: Key Considerations](https://wmmlegal.com/navigating-a-lawsuit-as-a-business-owner-key-considerations) - Facing a lawsuit is a significant challenge for any business owner. The key to effectively handling this situation lies in understanding the process and ensuring both your personal and business interests are protected. Upon receiving a lawsuit, carefully review the complaint to understand the allegations against your business and note any deadlines for your response. - [How Bankruptcy Lawyers Handle Residential Leases](https://wmmlegal.com/how-bankruptcy-lawyers-handle-residential-leases) - When a tenant files for bankruptcy, the automatic stay is triggered. This of course halts most collection efforts, including and especially eviction proceedings - [Bankruptcy Courts Try On 'Zoom' for 341 Hearings](https://wmmlegal.com/bankruptcy-courts-try-on-zoom-for-341-hearings) - Driven in large part by the COVID-19 pandemic, the legal industry has seen a significant shift towards virtual proceedings. Among the various virtual tools available, Zoom has emerged as a crucial platform for conducting business across the world. Enter the bankruptcy court which has been conducting 341 hearings by telephone conference call, but is now - [Driver Privilege Card in Virginia](https://wmmlegal.com/driver-privilege-card-in-virginia) - A new change to Virginia law allows non-U.S. citizens to qualify for a Driver Privilege Card, which functions as a driver's license exclusively for non-U.S. citizens. This card grants Virginia residents, regardless of their citizenship, the ability to legally drive without requiring proof of legal presence or U.S. citizenship. You may be eligible to - [Avoiding Probate in Virginia](https://wmmlegal.com/avoiding-probate-in-virginia) - Clients often approach our office seeking to put an estate plan in place that will help their loved ones avoid the probate process. When asked, our first three suggestions to our clients in order to avoid court involvement in the transfer of their assets after the pass include: Transfer assets to a revocable living trust, - [Estate Planning Tips for Parents of Minor Children in Virginia](https://wmmlegal.com/estate-planning-tips-for-parents-of-minor-children-in-virginia) - We often have clients approach us asking questions regarding putting a plan in place for their minor children should something happen to them. A difficult subject for any parent to address, we start with three important pieces of advice: Create a will to appoint a legal guardian or guardians for your children to care for - [What is a Guardian ad litem (GAL) and what is their role in a Virginia Court?](https://wmmlegal.com/what-is-a-gal-and-what-is-their-role-in-a-virginia-court) - What is a GAL? Per the Supreme Court of Virginia, a Guardian ad litem (GAL) literally means “guardian for the suit.” A guardian ad litem is an attorney appointed by the Court to assist the court in determining the circumstances of a case before the court. It is the responsibility of the GAL to provide - [What Does a Buyer’s Closing Attorney Do in Virginia?](https://wmmlegal.com/what-does-a-buyers-closing-attorney-do-in-virginia) - If you are looking to purchase a home and considering hiring an attorney to assist with your closing, you may be wondering what does a Buyer's closing attorney do? Along with being able to provide you legal advice through out the closing term, very generally, the buyer's closing attorney will also: The buyer’s closing attorney - [When can you probate a copy of a will in Virginia?](https://wmmlegal.com/when-can-you-probate-a-copy-of-a-will-in-virginia) - When the probate of assets is necessary once someone passes, the traditional process is to set up an appointment with the probate division of the Clerk of Court to probate the original will. When the original will can not be found, there are instances that a copy of the will may be used to proceed - [Major Change to Virginia’s “Move Over Law”](https://wmmlegal.com/major-change-to-virginias-move-over-law) - Most Virginia drivers are familiar with VA Code § 46.2-861.1. “Drivers to yield right-of-way or reduce speed when approaching stationary vehicles displaying certain warning lights on highways”, colloquially known as Virginia’s “Move over law.” Under the current law, the driver of any motor vehicle, upon approaching a stationary vehicle that is displaying a flashing, blinking, - [What are the benefits of a Subchapter 5 bankruptcy?](https://wmmlegal.com/what-are-the-benefits-of-a-subchapter-5-bankruptcy) - Bankruptcy is a legal process that can help individuals and businesses eliminate or repay their debts under the protection of the bankruptcy court. One type of bankruptcy that has recently gained attention is Subchapter 5 bankruptcy under Chapter 11. This bankruptcy option is designed to make it easier and less expensive for small businesses to - [Involuntary Commitment Hearings in Virginia](https://wmmlegal.com/involuntary-commitment-hearings-in-virginia) - If you or a loved one are diagnosed with a serious mental health disorder, or are currently experiencing a mental health crisis, the involuntary commitment process in Virginia is vitally important to understand. An involuntary commitment is a judicial process that allows hospitals and other treatment facilities to hold patients for treatment, even if they - [Evidence Practice in Virginia- How to get records in?](https://wmmlegal.com/evidence-practice-in-virginia-how-to-get-records-in) - In many divorce or custody trials, it can be challenging to present all of the necessary facts and evidence to the Judge for consideration in what are often very short amounts of time, sometimes no more than 1 or 2 hours. One way to help streamline presenting evidence, can be to utilize records. Records such - [Why is a bankruptcy discharge important?](https://wmmlegal.com/why-is-a-bankruptcy-discharge-important) - A bankruptcy discharge is an order issued by the bankruptcy court that eliminates certain debts, allowing the debtor to move forward with a fresh start. The significance of a bankruptcy discharge cannot be overstated, as it can have a profound impact on a person's financial future. Here are some of the ways in which a - [Probate vs. Administration, Executor vs. Administrator? What's the difference in Virginia?](https://wmmlegal.com/probate-vs-administration-executor-vs-administrator-whats-the-difference-in-virginia) - We often have clients call and seek assistance handling an estate when a someone passes. One of the first questions we are often asked is what the difference is between Probate vs. Administration and Executor vs. Administrator. Very simply, Probate is the process by which the courts get involved in the wrapping up of the - [Filing for Custody and Visitation-What to Do in Virginia?](https://wmmlegal.com/filing-for-custody-and-visitation-what-to-do-in-virginia) - When a relationship ends, it’s not uncommon for difficulties to arise between parents in regards to sharing time with their children. When any parent, or indeed, any person, finds themselves needing to file with the court system for help with determining custody and visitation, there are a few things to remember to help position yourself - [Deposit Link](https://wmmlegal.com/deposit-link) - Our primary goal when assisting clients with residential and commercial real estate transactions it to make the buying and selling process as seamless as possible. In keeping with this goal, WMMLegal is a proud vendor of Deposit Link for our residential and commercial real estate closings. Deposit Link allows for an EMD (earnest money deposit) - [Appeals in Virginia Criminal Cases](https://wmmlegal.com/appeals-in-virginia-criminal-cases) - On January 1, 2022, one of the largest shifts in criminal law occurred in the Commonwealth. For the first time since its inception in 1985, all criminal cases that are appealed to the Court are heard. Prior to 2022, the Court operated on a petition system where the appellant petitioned for an appeal, which was - [THE 5-DAY PAY OR QUIT: ESSENTIAL NOTICE ELEMENTS](https://wmmlegal.com/the5daypayorquitessentialnoticeelements) - Virginia does not make it easy for landlords looking to pursue a tenant for non-payment of rent. While it does lay out a general process, the Virginia Residential Landlord Tenant Act has many details that can get buried as to the specifics. Most landlords are aware of the 5-Day Pay or Quit letter and attempt - [The five (5) top benefits to having a will in Virginia](https://wmmlegal.com/the-five-5-top-benefits-to-having-a-will-in-virginia) - We see a lot of articles out there with misinformation as to whether or not you should have a will. As a Virginia resident it is always our recommendation - no matter the size of an estate - that an individual put a will in place. Here are the top five (5) reasons why we - [What happens if I don't have a Power of Attorney in Virginia?](https://wmmlegal.com/what-happens-if-i-dont-have-a-power-of-attorney-in-virginia) - When a client calls and asks, "why do we need a power of attorney?" our answer always starts with the truth - that having a power of attorney can avoid additional time, cost and pain in the future should your loved ones ever need to step up and take care of your financial needs. We - [Spooky Season: What to Know about Premises Liability and Halloween](https://wmmlegal.com/spooky-season-what-to-know-about-premises-liability-and-halloween) - With Halloween right around the corner, it’s important to start scanning your property now for any potential risks that could lead to liability. Halloween night is notorious for involving a lot of commotion – its dark, children are running around and distracted, some may be wearing masks that obstruct their vision, all of which makes - [What paperwork does my Executor need?](https://wmmlegal.com/what-paperwork-does-my-executor-need) - Many of our clients come to us in pursuit of making things easier on their loved ones once they pass on. While updating and streamlining your estate plan can certainly go a long way towards this goal, taking one additional step can make it even simpler. Once you pass your Executor will likely have a - [Will Contests in Virginia](https://wmmlegal.com/will-contests-in-virginia) - Loosing a loved one is hard. Learning that they were taken advantage of - and deciding whether or not to take legal action to go after those who have taken advantage of your loved one is even harder - including whether or not you should (or have the ability to) contest a will. When contesting - [The Strength of a Power of Attorney](https://wmmlegal.com/the-strength-of-a-power-of-attorney) - A Power of Attorney is an incredibly important and, powerful, document that should be carefully considered when any person seeks to put this helpful and, in our current world, necessary document in place. This was made very clear once again in a decision by a Virginia Circuit Court in Madison where the Court once again - [Facebook and Your Estate: What do you need to consider?](https://wmmlegal.com/facebook-and-your-estate-what-do-you-need-to-consider) - The aftermath of loosing a loved one is never easy. It is the responsibility of those left behind to let others know that the loved one has passed and, if they wish, to let friends and family know about any planned funeral or celebration of life ceremony. In today's social media reliant world, Facebook, Twitter - [Dividing Retirement Accounts in Divorce](https://wmmlegal.com/dividing-retirement-accounts-in-divorce) - If you’re considering divorce, one of many things to consider is a division of retirement assets between you and your spouse. Many large and small companies offer employees 401ks, IRAs, and occasionally pensions as part of their overall compensation package. Government employers also offer similar retirement benefits, albeit under different names, such as Thrift Savings - [Federal Gift & Estate Tax Exemption Update](https://wmmlegal.com/federal-gift-estate-tax-exemption-update) - When putting a plan in place it is always important to be aware of the current Federal gift and estate tax exemption levels. Under current federal gift and estate tax laws, each year the U.S Treasury adjusts the lifetime Federal gift and estate tax exemption amount as it relates to inflation. In 2022 the exemption - [Child Support: What Constitutes Income?](https://wmmlegal.com/child-support-what-constitutes-income) - In Virginia, the Virginia Child Support Guidelines are used to determine the amount of child support in many cases. One of the many factors that are taken into account in determining child support is the gross incomes of the parties. As there are a variety of types of employment and sources of income, the - [The Great Auto Bubble, Repossession & How Chapter 13 May Help](https://wmmlegal.com/the-great-auto-bubble-repossession-how-chapter-13-may-help) - In 2020 and 2021, consumers’ incomes were temporarily high as the pandemic brought about debt forbearance, pandemic stimulus checks, enhanced unemployment benefits, and, in some cases, forgiven loans from the Paycheck Protection Program. These pumped up incomes made Americans ‘feel’ wealthier and fueled abused car bubble that appears to be popping. Loans on recently repossessed - [Reckless Driving in Virginia: High Speed Reckless Driving](https://wmmlegal.com/reckless-driving-in-virginia-high-speed-reckless-driving) - Over the past two years, jurisdictions in Central Virginia have seen a sharp increase in high speed reckless driving cases. Numbers like 140 mph on the highways of central Virginia were never seen, however these numbers are increasing. Cases involving 90 mph and higher are a daily if not hourly occurrence in the Commonwealth. It - [Bankruptcy Filing Often Follows Attempted Debt Consolidation](https://wmmlegal.com/bankruptcy-filing-often-follows-attempted-debt-consolidation) - Debt consolidation is one strategy to pay debt (credit cards, medical bills, personal loans, business debts, civil judgments, etc.) and works by placing all of the existing balances on one loan. It can simplify your finances, and lower the cost of carrying your debt through a reduced interest rate. However, debt consolidation as a strategy - [Chapter 7 Bankruptcy Trustees Receive Fee Bump](https://wmmlegal.com/chapter-7-bankruptcy-trustees-receive-fee-bump) - Chapter 7 Trustees are receiving a fee increase. Bankruptcy courts will begin processing an additional $60 per case payment to eligible chapter 7 bankruptcy trustees for applicable cases filed or converted in fiscal year 2021. Applicable cases are chapter 7 cases filed on or after Jan. 12, 2021, through Sept. 30, 2021, or chapter 11, - [Top Five Notary Problems We See When Reviewing Legal Documents in Virginia](https://wmmlegal.com/top-five-notary-problems-we-see-when-reviewing-legal-documents-in-virginia) - It is very common in the legal and financial worlds for signature documents to require a notary certification. A notary is a public official who acts as an unbiased witness to the identity the signature of the person who comes before the notary. The key function of a notary is to be certain that the - [Restrictive Covenants and How They Control Your Ownership of Real Estate](https://wmmlegal.com/restrictive-covenants-and-how-they-control-your-ownership-of-real-estate) - A person's home is their castle is a common phrase - with the connotation that a person has to a right to do what they want with their real property. While true in many respects, their ownership is limited by the deed that transfers ownership to them as well as any enforceable restrictive covenant - [Proper Entity Registration with the SCC is Paramount for any Business. Period.](https://wmmlegal.com/proper-entity-registration-with-the-scc-is-paramount-for-any-business-period) - Can you imagine going through years and years of litigation, finally winning your case after a lengthy trial - only to learn that you are denied your judgment because your company was never properly registered with the Virginia State Corporation Commission? Unfortunately, that the is exact fact pattern suffered by a Plaintiff in the Virginia - [Tax Debt? Know the Difference Between Chapter 13 and Chapter 7 Bankruptcy](https://wmmlegal.com/tax-debt-know-the-difference-between-chapter-13-and-chapter-7-bankruptcy) - Owing the IRS is never pleasant, but with a stubborn high inflationary period settling in, it may be an option to deal with your tax debt in a bankruptcy. Fortunately, it is possible to discharge tax debt by filing for protection using any of the options available under the federal bankruptcy code. These include Chapters - [Congratulations graduate! Now it's time to consider a power of attorney and an advanced medical directive.](https://wmmlegal.com/congratulations-graduate-now-its-time-to-consider-a-power-of-attorney-and-an-advanced-medical-directive) - Your child has graduated high school - and while your child will always be your baby - if your child is about to turn eighteen (18), the fact rains that they will soon be adults in the eyes of the law. This means that as parents you are no longer able to handle such important - [Expiration of Nonpayment Eviction Protection in Virginia](https://wmmlegal.com/expiration-of-nonpayment-eviction-protection-in-virginia) - A number of protections for Tenants in nonpayment eviction cases are set to expire in Virginia. Full protections as imposed by the Virginia General Assembly during the COVID-19 state of emergency will remain in place until midnight on May 15, 2022. The Virginia Department of Housing and Community Development's Rent Relief Program closed its application - [Can Incapacitated Individuals File Bankruptcy?](https://wmmlegal.com/can-incapacitated-individuals-file-bankruptcy) - Absolutely. The Bankruptcy Code expressly contemplates that incapacitated individuals can be bankruptcy debtors and subsequent Court decisions concur. Under Section 301 of the Bankruptcy Code, a voluntary bankruptcy case may only be commenced when an individual who may be a debtor files a bankruptcy petition. In turn, Bankruptcy Code Section 109 states who may be - [Special Needs Trusts](https://wmmlegal.com/special-needs-trusts) - When establishing an estate plan, questions often arise about how to best plan for loved ones suffering from mental illness. Whether that loved one is dealing with a mental disability, a psychiatric disorder, or even a substance abuse problem, a special needs trust may be a good option to consider. Special needs trusts can provide - [Mental Health and Criminal Law, Part Two.](https://wmmlegal.com/mental-health-and-criminal-law-part-two) - In our last post, we looked at the insanity defense in Virginia. For most of the legal history of our Commonwealth, the insanity defense was the only defense available for those suffering from mental health problems. In 2021, the General Assembly allowed for evidence of another possible defense in some cases. Va. Code § 19.2-271.6 - [Mental Health and Criminal Law, Part One.](https://wmmlegal.com/mental-health-and-criminal-law-part-one) - The criminal justice system has a very bright line rule about mental health and criminal responsibility. As long as crime has been around, the defense of not guilty by reason of insanity has been available for those who meet the strict requirements found in the law. Virginia follows the M’Naughten Rule for the insanity defense. - [Mental Health and Medical Directives - The Psychiatric Advance Directive](https://wmmlegal.com/mental-health-and-medical-directives-the-psychiatric-advance-directive) - When putting together an advanced medical directive in Virginia - it is very common for clients to focus on end of life wishes. However, when having these discussions it is just as important to discuss the mental health of the individuals involved and whether or not their health would benefit from a Psychiatric Advance Directive - [Mental Health and Family Law](https://wmmlegal.com/mental-health-and-family-law) - If you’re in the midst of a contested divorce or custody litigation, your mental health is almost certainly going to be an issue for you and your attorney to discuss. Any time a court is being asked to make a determination of custody or award visitation, or asked to set an award of spousal support - [The Greatest Gift: Don't forget the personal touch in your estate plan.](https://wmmlegal.com/the-greatest-gift-dont-forget-the-personal-touch-in-your-estate-plan) - Our estate attorneys spend their days working with clients that are planning for death, facing death and in the grips of grief from the loss of a loved one. Our time helping families through wrapping up trusts or helping fiduciaries through probate and administration of their loved ones' estates has taught us one important lesson - [Child Support: What Does It Mean to Impute Income?](https://wmmlegal.com/child-support-what-does-it-mean-to-impute-income) - In Virginia, the Courts use the Virginia Child Support Guidelines to determine child support. Into a formula the parties input information, including but not limited to the monthly gross incomes of the parties, the cost of health insurance for the child or children, and the cost of work-related daycare. This formula determines an amount of - [Estate Pets - How Do I Take Care of My Pet After I'm Gone?](https://wmmlegal.com/estate-pets-how-do-i-take-care-of-my-pet-after-im-gone) - INCORPORATING PETS INTO YOUR ESTATE PLAN With the increase in pet adoptions during the pandemic, more clients are starting to ask how they can plan for their furry friends’ care after they are gone. When it comes to making sure they are looked after, there a few options to consider: Using a Will and/or a - [2022 Rebound Expected for Consumer Bankruptcy](https://wmmlegal.com/2022-rebound-expected-for-consumer-bankruptcy) - It's counterintuitive for many, but consumer bankruptcy filings in 2021 were at a low level not seen since the 1980s. This is attributable to several factors: 1. Eviction moratoriums, foreclosure moratoriums, direct aid from the federal government and other programs have assisted millions of Americans in a challenging time across America. In Virginia, for instance, - [Bail and Bond in Virginia](https://wmmlegal.com/bail-and-bond-in-virginia) - If you are arrested in Virginia, whether on a misdemeanor or a felony, the first thought is will I be released? Or do I have to sit in jail until my case is heard. That depends on a lot of factors, and is addressed through the bail and bond system. Bail is the pretrial release - [Probation Reform Update](https://wmmlegal.com/probation-reform-update) - It has been six months since Virginia law changed regarding probation violations, and there are still more questions than answers as to the application of this law. A few things have become clear over the past six months. First, whether your probation violation is your first, second, or third depends on the specific charge you - [Firearm Restoration in Virginia](https://wmmlegal.com/firearm-restoration-in-virginia) - It is common knowledge that when you are convicted of a felony in Virginia, you lose the right to purchase and possess a firearm. This includes not only handguns, but also shotguns and hunting rifles, ammunition and stun guns. Many people feel like after they have paid their debt to society for their criminal behavior, - [Protective Orders in Virginia](https://wmmlegal.com/protective-orders-in-virginia) - Thinking of filing for a protective order? There are a few things to know before heading to file. In the state of Virginia, there are three (3) types of protective orders: emergency protective order (EPO), preliminary protective order (PPO), and permanent protective order (PO). An emergency protective order (EPO) can be requested by an individual - [Seven Most Common Mistakes We Seeing when Closing on a Home](https://wmmlegal.com/seven-most-common-mistakes-we-seeing-when-closing-on-a-home) - The purchase of a home (or any real property) is a important life event. Our firm is lucky enough to work with individuals, families and businesses in the purchase and sale of real property. In doing so, the seven most common mistakes we see as closing attorneys when a home is purchased are: Being - [Child Support & Shared Custody in Virginia](https://wmmlegal.com/child-support-shared-custody-in-virginia) - When two parents separate from each other, it is customary for one parent to file for child support. There is a common misconception that, in the event that the parents equally share custody, neither parent will have to pay child support. In Virginia, that is not always the case. Child support in Virginia is determined - [Virginia Family Law: Factors Considered when Determining Child Support](https://wmmlegal.com/virginia-family-law-factors-considered-when-determining-child-support) - Under the Code of Virginia (VA Code 20-61), paying child support is a legal obligation. In Virginia, the general rule is that there is never a situation where a parent is not liable for some sort of child support. In fact, as of the date of this article, the minimum child support obligation in Virginia - [In a Custody Battle? Know What to Ask for When You Go to Court](https://wmmlegal.com/in-a-custody-battle-know-what-to-ask-for-when-you-go-to-court) - The Commonwealth of Virginia recognizes several different types of custody. If you find yourself in a custody battle, either contentious or not, its helpful to know the legal lingo before you get to Court. In Virginia, custody is defined in four sub-sections: legal custody v. physical custody and sole custody v. joint custody. Legal - [Don’t Let Go of That Balloon!](https://wmmlegal.com/dont-let-go-of-that-balloon) - Effective July 1st, 2021, the Virginia legislature has passed a bill making it a civil penalty for anyone over the age of sixteen (16) to knowingly release a non-biodegradable balloon. Any person 16 years or age or older, or an corporation found in violation of this new law shall be assessed a $25 fine per - [Eviction Protections in Virginia Extended Again](https://wmmlegal.com/eviction-protections-in-virginia-extended-again) - As of August 11, 2021, Governor Northam signed a new budget bill that extends eviction protections for tenants until June 30, 2022. Several elements of the protections had previously expired. The new budget bill reinstitutes the following conditions: In order to evict a tenant based solely upon the non-payment of rent, the landlord must first: - [What is Service of Process and Why is it Important?](https://wmmlegal.com/what-is-service-of-process-and-why-is-it-important) - Have you ever been to Court and had the following occur: the other party is not present and the Judge states that there is no service on the party and dismisses the proceedings? That is because the Judge needs proper service in order to take further action or enter a ruling. Under the Code of - [Top Five Personal Injury Questions Resulting from a Car Accident](https://wmmlegal.com/top-five-personal-injury-questions-resulting-from-a-car-accident) - You have been in a car accident. You have been hurt. Your car is damaged, you are in pain, you have medical bills, you are missing work - you are missing time with your family. You know what the insurance company is telling you doesn’t add up. You have questions. What can you do? Unfortunately, - [Beneficiary Forms in Estate Planning: Primary and Contingent Beneficiaries](https://wmmlegal.com/beneficiary-forms-in-estate-planning-primary-and-contingent-beneficiaries) - As we have previously discussed, one of the most important gifts you can leave your loved ones is to put a comprehensive estate plan in place. In addition to putting wills, trusts and other estate documents in place, it is critical to an efficient estate process to utilize and confirm beneficiary forms. As we have - [Virginia Real Estate: Buyer Beware](https://wmmlegal.com/virginia-real-estate-buyer-beware) - Over the past few months, the real estate market in the Richmond area has been booming, with a surplus of demand and not enough supply of houses on the market. Because of that, buyers have had to resort to special tactics to be the one picked to purchase their dream home. One of these tactics - [Final Decrees in Virginia: to Merge or not to Merge?](https://wmmlegal.com/final-decrees-to-merge-or-not-to-merge-in-virginia) - When parties to a divorce are able to come to a resolution regarding their assets, debts, property, and children, lawyers will often draft a Property Settlement Agreement for each party to sign. The Property Settlement Agreement works to bind the parties in a legal contract consisting of terms each party has agreed to, i.e., how - [Grounds of Divorce in Virginia: What Constitutes Cruelty?](https://wmmlegal.com/grounds-of-divorce-in-virginia-what-constitutes-cruelty) - In Virginia, there are two general avenues by which one can obtain a divorce: No Fault or Fault Based. Both of those terms relate to the “grounds of divorce,” which is what you must prove in order for the court to grant a divorce. There are five fault-based grounds for divorce: (1) Adultery, (2) Cruelty, - [2021 Virginia Criminal Law Update: Possession of Marijuana](https://wmmlegal.com/2021-virginia-criminal-law-update-possession-of-marijuana) - The 2021 General Assembly session was one of the transformative legislative sessions in recent history in the area of criminal law. Over the next few weeks, the criminal attorneys at Winslow, McCurry, and MacCormac will discuss some of the major changes to criminal law and procedure in the Commonwealth. These changes will effect both charges, - [2021 Virginia Criminal Law Update: Sentencing & Probation Violations](https://wmmlegal.com/2021-virginia-criminal-law-update-sentencing-probation-violations) - The 2021 General Assembly session was one of the transformative legislative sessions in recent history in the area of criminal law. Over the next few weeks, the criminal attorneys at Winslow, McCurry, and MacCormac will discuss some of the major changes to criminal law and procedure in the Commonwealth. These changes will effect both charges, - [2021 Virginia Criminal Law Update: Robbery](https://wmmlegal.com/2021-virginia-criminal-law-update-robbery) - The 2021 General Assembly session was one of the transformative legislative sessions in recent history in the area of criminal law. Over the next few weeks, the criminal attorneys at Winslow, McCurry, and MacCormac will discuss some of the major changes to criminal law and procedure in the Commonwealth. These changes will effect both charges, - [2021 Virginia Criminal Law Update: Police Stops](https://wmmlegal.com/2021-virginia-criminal-law-update-police-stops) - The 2021 General Assembly session was one of the transformative legislative sessions in recent history in the area of criminal law. Over the next few weeks, the criminal attorneys at Winslow, McCurry, and MacCormac will discuss some of the major changes to criminal law and procedure in the Commonwealth. These changes will effect both charges, - [Equitable Distribution: What is Hybrid Property?](https://wmmlegal.com/equitable-distribution-what-is-hybrid-property) - When spouses in Virginia get divorced, they may ask the court to divide their property. The process of division of property is called “equitable distribution” in Virginia. This process is governed by case law and statute. The first step in the process of equitable distribution is to classify the property as one of three types - [Alcoholic Drinks To-Go in Virginia](https://wmmlegal.com/alcoholic-drinks-to-go-in-virginia) - As Covid-19 restrictions lift across the Commonwealth, many citizens are looking forward to socializing in settings that have been closed or limited for the past year. Local restaurants and bars are some of the establishments that people are looking most forward to frequenting. Thankfully, for the hard-hit restaurant industry, indoor dining and extended service hours - [Beneficiary Forms: An important piece of Estate Planning](https://wmmlegal.com/beneficiary-forms-an-important-piece-of-estate-planning) - Beneficiary forms - transfer on death designations (TOD), pay on death designations (POD), or just "beneficiary" forms in general - are all helpful tools when putting an estate plan in place. When you pass, how and when you assets will transfer will be controlled by how the asset is titled, if there is a named - [The Power of Partition](https://wmmlegal.com/the-power-of-partition) - There comes a day in many of our lives when you are talking with friends, family-members or roommates and you all decide it would be an amazing idea to all split the cost of something expensive. That thing could be buying a house, a new car, a boat, a really nice television set for an - [Title insurance: What is it and why do I need it?](https://wmmlegal.com/title-insurance-what-is-it-and-why-do-i-need-it) - Buying a home can be a happy, but stressful process. As you pour over the documents that you are provided at closing, you notice a line for title insurance, and think why do I need that? Title insurance is simply an insurance policy that the title you are about to take from the seller is - [Updates in Virginia Criminal Law: Odor of marijuana not enough for vehicle search](https://wmmlegal.com/updates-in-virginia-criminal-law) - On March 1, 2021, several sweeping criminal justice reforms that were passed in last summer’s special session of the General Assembly went into effect in Virginia. One of the largest reforms were changes to what police officers can stop you for when driving a motor vehicle. The law made several equipment violations and registration violations - [Now Showing: WMMLEGAL Offers Real Estate Closings](https://wmmlegal.com/now-showing-wmm-legal-offers-real-estate-closings) - We are proud to announce that effective immediately, Winslow, McCurry & MacCormac, PLLC is offering real estate closings as a legal service in the greater Chesterfield region and we invite you to keep us in mind for your next settlement. Located in the heart of the Village of Midlothian in beautiful Sycamore Square, Winslow, McCurry - [Virginia is now a "Hands Free" State](https://wmmlegal.com/virginia-is-now-a-hands-free-state) - As of January 1, 2021, Virginia is one of many “hands free” states when it comes to cell phone use behind the wheel. Pursuant to Virginia Code Section 46.2-818.2 it is now unlawful for a driver to hold a handheld personal communications device. If a police officer observes you holding your phone while driving, you - [Felonies in Virginia](https://wmmlegal.com/felonies-in-virginia) - Virginia categorizes crimes as either misdemeanors or felonies. Misdemeanors are less serious charges and thus carry less severe sentences, which typically means little or no jail time and lower fines. On the other hand, felonies are serious charges with serious consequences, both in terms of penalties—­which can be long prison sentences and large fines—and the - [Why a Will Matters to your Survivors: Security](https://wmmlegal.com/why-a-will-matters-to-your-survivors-security) - There is a common belief that "I don't need a will" or "it doesn't do anything the law doesn't already do". As estate attorneys, we see the issues that arise when someone passes and a will has not been put in place. We see the extra steps the survivors are required to go through when - [How the Courts Determine Pendente Lite Spousal Support in Virginia](https://wmmlegal.com/how-the-courts-determine-pendente-lite-spousal-support-in-virginia) - When a husband and wife separate, it is sometimes necessary for one spouse to pay the other spouse alimony or spousal support. In Virginia, there are two general types of spousal support: pendente lite support—which is support payable prior to or during the pendency of a divorce proceeding—and post-divorce support. The Virginia General Assembly recently - [Assault and Battery Charges in Virginia](https://wmmlegal.com/assault-and-battery-charges-in-virginia) - Assault and battery is a very common charge in Virginia, but it is also one of the most misunderstood crimes in the Code. It is classified as a Class 1 Misdemeanor, meaning that trial will take place in the General District Court. If the charge involved a victim who is a family or household member - [Claiming Future Lost Wages in a Personal Injury Case](https://wmmlegal.com/claiming-future-lost-wages-in-a-personal-injury-case) - Suffering a personal injury often leads to more damages than just the physical damage that you sustain from the accident itself. Injury often also results in damage to your relationships, your employment and your mental and emotional health. As such, there are certain types of expenses and/or costs that you are generally able to claim - [Virginia Education Law: When is something reasonably calculated for virtual?](https://wmmlegal.com/virginia-education-law-when-is-something-reasonably-calculated-for-virtual) - In person, hybrid, and virtual. The education landscape is currently a labyrinthine minefield that would even put Theseus to shame. One constant in this ever shifting landscape is that special education students are entitled to a Free and Appropriate Public Education or FAPE for short. This requirement is in the forefront of the minds of - [Where Can I Get Divorced?](https://wmmlegal.com/where-can-i-get-divorced) - In order for any court to hear any case, that court must have jurisdiction over both the parties and the subject matter of that case. Virginia, like many states, has a special jurisdictional requirement for divorces. In order for a Virginia Court to have jurisdiction over a divorce, the Plaintiff must prove that at least - [Virginia Special Session Legislative Update: Two sweeping changes to criminal law in the Commonwealth](https://wmmlegal.com/virginia-special-session-legislative-update-two-sweeping-changes-to-criminal-law-in-the-commonwealth) - This past week, the General Assembly wrapped up the special session that began in August. This special session focused on police reform and responses to the COVID 19 crisis. The General Assembly made two sweeping reforms to the criminal justice system during this special session The first was to eliminate the ability for police officers - [Best Interests of The Child: A Ten Factor Journey, Factor Three](https://wmmlegal.com/best-interests-of-the-child-a-ten-factor-journey-factor-three) - Any custody or visitation litigation involving a child in the Commonwealth of Virginia will include at some point a consideration of Virginia Code § 20-124.3- a list of ten factors that the court must consider in determining who to award custody and visitation of a child. Given the fact that the Court must consider each - [Change to Reckless Driving in Virginia](https://wmmlegal.com/change-to-reckless-driving-in-virginia) - On July 1, 2020, a major change was implemented concerning the definition of reckless driving by speed in Virginia. Before that date, reckless driving was defined as operating a motor vehicle in excess of 80 miles per hour. The July law change changed that number to 85 miles per hour. The Reckless Driving by Speed - [Advanced Medical Directive: What is it?](https://wmmlegal.com/advanced-medical-directive-what-is-it) - What is an advanced medical directive? Why do I need one? This is a question that we hear a lot. In it's simplest form, it is a document that outlines what you want to happen in certain medical situations and who, if you so chose, has your authority to make medical decisions for you if - [Ruby Tuesday Attempts CH11 Reorg](https://wmmlegal.com/ruby-tuesday-attempts-ch11-reorg) - Ruby Tuesday filed a petition under Chapter 11 on Wednesday in Delaware, saying it needed the protection of bankruptcy to address financial problems caused in part by the COVID-19 outbreak. Based in Tennessee, Ruby Tuesday had already closed almost 300 restaurants in 3 years. It also piled up $43 million in debt notwithstanding another $19 - [Writs of Actual Innocence: 2020 Virginia update](https://wmmlegal.com/writs-of-actual-innocence-2020-virginia-update) - In July of 2020, the General Assembly lowered the bar for person’s petition for Writ’s of Actual Innocence based on non-scientific evidence. Under prior law, the Court had to find by clear and convincing evidence that the “previously unknown, unavailable, or untested evidence is material, and when considered with all of the other evidence in - [Ancillary Probate? What do I do if my loved one had property in another state?](https://wmmlegal.com/ancillary-probate-what-do-i-do-if-my-loved-one-had-property-in-another-state) - When a loved one passes and they have property in a state (or states) outside their state of residence, in addition to probate in the state of residence, probate may need to be opened in the other state(s) where they had property. This second (or third) probate is referred to as ancillary probate. It is - [To take off, you need a flight plan: Small Businesses don’t forget the business plan.](https://wmmlegal.com/to-take-off-you-need-a-flight-plan-small-businesses-dont-forget-the-business-plan) - I often laugh that my company is commonly referred to as a “small” business. I am proud to be a business owner – and I acknowledge that we are not Walmart or Exxon – but I do not feel that there is anything about being a “small” business owner that is small. Owning your own business - [Non-solicitation Provisions: Yes, they are enforceable in Virginia.](https://wmmlegal.com/non-solicitation-provisions-yes-they-are-enforceable-in-virginia) - In a recent decision out of the Western District of Virginia, the enforceability of non-solicitation agreements was put to the test. Judge Glen E. Conrad upheld verbiage prohibiting a former Edward Jones financial advisor from soliciting clients of his former employer, which, upon a showing of unrefuted evidence that $42 million dollars was transferred, he - [Covid-19 and Defamation: Defamation Per Se Presumed Damages](https://wmmlegal.com/covid-19-and-defamation-defamation-per-se-presumed-damages) - A false accusation can ripple throughout a person’s life. This includes false accusations which you may have initially thought of as nothing more than a nuisance. In today’s world this would include false accusations that a person has COVID-19. When a person has or is suspected to have COVID-19 they are expected to self-quarantine. For - [Virginia's Eviction Moratorium: Court is still in session.](https://wmmlegal.com/virginias-eviction-moratorium-court-is-still-in-session) - The Virginia Supreme Court has placed in effect an eviction moratorium until September 7th,2020. This action was met with strong dissent even among the Virginia Supreme Court Justices and has created a strange schism in Virginia Landlord Tenant law and evictions. The common line of thought is that landlords can not move forward with unlawful - [Modification or Termination of Spousal Support in Virginia](https://wmmlegal.com/modification-or-termination-of-spousal-support-in-virginia) - Courts in Virginia have the authority to award spousal support—commonly referred to as alimony—upon divorce. After that award of support, the Court may modify the support obligation in several situations. One of the situations in which a Court may modify support is addressed in Va. Code § 20-109(A). That section provides that upon proof that - [Virginia Small Business: No Non-Compete for “Low-Wage” Earners](https://wmmlegal.com/virginia-small-business-no-non-compete-for-low-wage-earners) - In continuation of Small Business Employment Law Week, the next topic of discussion is the change in stance on non-competes for “low-wage” earners, which now extends beyond just employees. Virginia has recently joined the growing ranks of states prohibiting employers from requiring lower-wage workers to enter into non-competes. Virginia House Bill 330 and Senate Bill - [Virginia Small Business: Other Recent Changes to Virginia Employment Law](https://wmmlegal.com/virginia-small-business-other-recent-changes-to-virginia-employment-law) - As a close out of our 2020 Small Business Week posts, it is important to know that Virginia law has shifted in three other important, but smaller facets: pay transparency, whistleblower protections, and questions regarding simple possession of marijuana. Pay Transparency Under new legislation, employers cannot restrict employees from discussing their pay and wages. Unlike - [Virginia Small Business: Wage Violations](https://wmmlegal.com/virginia-small-business-wage-violations) - Small businesses must be vigilant with their accounting and payroll procedures, even more so now that a new law provides a new private right of action for unpaid wages, in addition to the previous options of filing a claim with the Commissioner and pursuing criminal charges. House Bill 123, signed by Governor Northam, creates a - [Virginia Small Business: Virginia Values Act](https://wmmlegal.com/virginia-small-business-virginia-values-act) - Today for our 2020 Small Business Week, we will be discussing the Virginia Values Act. This spring, Governor Northam has signed the Virginia Values Act and makes Virginia the first state in the South to enact legislation of its kind. The Virginia Values Act prohibits discrimination on the basis of sexual orientation and gender identity - [Small Business in Virginia: Misclassification of Employees](https://wmmlegal.com/small-business-in-virginia-misclassification-of-employees) - As a small business in Virginia, you need to be aware that Virginia has experienced a seismic shift to its employment law. Throughout the course of this week, we will be sharing updates of which small businesses should be aware. One of the most significant changes to Virginia Employment Law is that effective July 1, - [Q: If I file bankruptcy to stop foreclosure, can I reduce my mortgage payment?](https://wmmlegal.com/q-if-i-file-bankruptcy-to-stop-foreclosure-can-i-reduce-my-mortgage-payment) - The mortgage payment is perhaps the fundamental item in many household budgets. This is because the family home is still seen as the primary vehicle for family wealth-building. In times of financial distress, it can be common to become late on payments or even fall behind and face foreclosure. Individuals often file a Chapter 7 or - [How the Great Recession birthed a powerful two-punch formula for mortgage debtors](https://wmmlegal.com/how-the-great-recession-birthed-a-powerful-two-punch-formula-for-mortgage-debtors) - The Great Recession began with the Federal Reserve reducing interest rates to very low levels in an attempt to stabilize the US economy. The Fed held low interest rates through 2004. In combination with other policies to encourage home ownership, the cheap rates and accessibility to money helped to create a steep boom in real - [Why would I choose to file a Chapter 13 bankruptcy instead of a Chapter 7?](https://wmmlegal.com/why-would-i-choose-to-file-a-chapter-13-bankruptcy-instead-of-a-chapter-7) - If you've been struggling to pay bills on time, beginning to fall behind or have been behind for a sustained period of time, you might be considering filing for bankruptcy. The single most common reason to file a Chapter 13 instead of filing a Chapter 7 is that you own an asset that you want - [How a Chapter 13 can Solve Your Vehicle Issues](https://wmmlegal.com/how-a-chapter-13-can-solve-your-vehicle-issues) - If you find yourself behind on your car payments, you may want to consider filing a Chapter 13 bankruptcy petition. Why? 1. A Chapter 13 bankruptcy case, once filed, immediately imposes what is known as the "automatic stay." The automatic stay is the most powerful tool a bankruptcy lawyer possesses. Creditor collection activity is completely - [Unlawful Search and Evidence Retrieved - What Might a Court Do?](https://wmmlegal.com/unlawful-search-and-evidence-retrieved-what-might-a-court-do) - For years, evidence that police find in violation of a person’s rights under the Fourth Amendment of the US Constitution – the right against unlawful search and seizure- is commonly ruled inadmissible at trial. However, over the last 20 years, the Supreme Court of the United States has been signaling in its decisions how that - [DUI Under 21 in Virginia](https://wmmlegal.com/dui-under-21-in-virginia) - Most people believe that if you have a BAC (Blood Alcohol Content) under 0.08, you are safe to drive and cannot be charged with DUI. However, in Virginia, that is not the case. If you are under 21 years old, it is illegal to consume any amount of alcohol and therefore an underage person who - [Partner Erika MacCormac Speaking at Virginia Trial Lawyers Association Advanced Family Law Retreat](https://wmmlegal.com/partner-erika-maccormac-speaking-at-virginia-trial-lawyers-association-advanced-family-law-retreat) - Later this month Partner Erika MacCormac will be speaking at the 2020 Virginia Trial Lawyers Association Advanced Family Law Retreat seminar on Custody and Visitation: Difficult Topics in Difficult Cases. Erika is the leader of the firm’s family law team and practices solely in the area of family law, focusing on divorce, child custody and - [Separate and Apart: When Does That Start?](https://wmmlegal.com/separate-and-apart-when-does-that-start) - In Virginia, if a husband or a wife with minor children wish to get a divorce, but don’t have any fault grounds (adultery, cruelty, desertion, etc.) available to them, what can they do? The answer is deceptively simple- you can live separate and apart in excess of twelve months and then file for divorce based - [Adult Guardianship and Conservatorship in Virginia: What? Who? When? Where? How?](https://wmmlegal.com/adult-guardianship-and-conservatorship-in-virginia-what-who-when-where-how) - Guardianship and conservatorship in Virginia is a legal option for individuals looking to care for adults that need the help of others for care and management of their finances. The purpose of this post is to help with general information on the what, who, when, where and how involved with a petition for adult guardianship - [The Unseen Punishment—The collateral consequences of criminal convictions.](https://wmmlegal.com/the-unseen-punishment-the-collateral-consequences-of-criminal-convictions) - A question we frequently get from clients who are facing their first criminal charge is how this will affect them in the years to come. Criminal penalties include incarceration, fines, restitution to the victim, mandatory drug treatment, and probationary periods—during which a suspended sentence can be imposed on the accused. What most people forget is - [Registered Agents in Virginia– What They Are and Why Does Your Business Need One?](https://wmmlegal.com/registered-agents-in-virginia-what-they-are-and-why-does-your-business-need-one) - Every business that is authorized to conduct business in Virginia, whether it is a Virginia or foreign business, is required by law to have a registered agent. A registered agent is a person or company who agrees to accept legal mail (such as complaints, summons, or subpoenas) on behalf of your business. This - [Adultery & Spousal Support in Virginia](https://wmmlegal.com/adultery-spousal-support-in-virginia) - In Virginia, a spouse who committed adultery during the marriage is generally barred from receiving spousal support when a complaint for divorce on the basis of adultery is filed. Even if the divorce is not premised on one party’s adultery, a Court is still able to consider the adultery of either party. When Virginia Circuit - [Education Law in Virginia: The IEE (Independent Education Evaluation), a second opinion to an IEP](https://wmmlegal.com/education-law-in-virginia-the-iee-independent-education-evaluation-a-second-opinion-to-an-iep) - What do you do when you believe your child has a disability that qualifies them for special education services, but the schools evaluator disagrees? Do you give up and accept their evaluation as the final word in the matter or do you press it further The law anticipated that parents may disagree with the school - [Criminal Law Update: Major change in law concerning jury punishment in Virginia](https://wmmlegal.com/criminal-law-update-major-change-in-law-concerning-jury-punishment-in-virginia) - For decades now, Virginia has divided jury trials into two parts—first the “guilt” phase, where the members of a jury decide whether someone is actually guilty of an offense. The second was the “punishment” phase, where jurors would hear evidence of an accused’s prior convictions, the impact of the crime on the victim, and evidence - [Disorderly conduct by students in Virginia schools: A new law attempts to sort out the mess.](https://wmmlegal.com/disorderly-conduct-by-students-in-virginia-schools-a-new-law-attempts-to-sort-out-the-mess) - A common headache teachers, administrators, and school resource officers face in school fights is figuring out who started the incident. Assault and battery of one student by another is still just as wrong and illegal at school as it is everywhere else in Virginia. But a disturbing trend we have seen some schools take in - [Reckless driving using a phone: Changes coming January 1st, 2021 for drivers in Virginia](https://wmmlegal.com/reckless-driving-using-a-phone-changes-coming-january-1st-2021-for-drivers-in-virginia) - A topic of contentious fighting amongst drivers everywhere in Virginia is how we should treat those who are using handheld devices like cell phones while driving. Being distracted by a conversation can make a driver swerving or whose reaction times degrade as dangerous as an intoxicated one. After public outcry at the observable behavior of - [School Closure in a Crisis and Special Education Services](https://wmmlegal.com/school-closure-in-a-crisis-and-special-education-services) - Schools are closed, and your child is not receiving the special education services that are supposed to be in place, what can you do? The type of mass school closures such as the ones from the COVID-19 virus were not contemplated in the laws of the Rehabilitation Act, Americans with Disabilities Act, or the Individuals - [Expert testimony ≠ “certified” expert in Virginia](https://wmmlegal.com/expert-testimony-≠-certified-expert-in-virginia) - A misunderstanding that many clients have in litigation is whether they can testifying to an opinion on an area they have better-than-average knowledge in. The short answer is that, ordinarily, laymen do not have the right to testify on areas of science or other fields when it might affect the evidence at trial. Only those - [Getting preliminary protective orders—when time is crucial](https://wmmlegal.com/getting-preliminary-protective-orders-when-time-is-crucial) - People who are suffering abuse from people in their homes or lives understandably do not have the luxury of waiting to litigate their rights during bankers’ hours. They frequently need relief now—to keep possession of their homes, their children, their pets, even their ability to keep utilities hooked up and running in a jointly owned - [What can I do during COVID-19 to change custody & visitation and child support in Virginia?](https://wmmlegal.com/what-can-i-do-during-covid-19-to-change-custody-visitation-and-child-support-in-virginia) - As we as a nation face the unprecedented challenges of COVID-19, many courts around the country have been forced to shut their doors to the public and severely limit the types of hearings judges can hear as well as limits on what types of new petitions can be filed. Here in Virginia, a state of - [Electronic Tracking Devices in Virginia](https://wmmlegal.com/electronic-tracking-devices-in-virginia) - Several years ago, Virginia’s legislature clarified the legality of using an electronic tracking device to monitor someone without their permission. Virginia Code § 18.2-60.5. “Unauthorized use of electronic tracking device; penalty” was passed during the 2013 session. Part A of the statute reads: “Any person who installs or places an electronic tracking device through intentionally - [COVID-19, Virginia and Child Custody](https://wmmlegal.com/covid-19-virginia-and-child-custody) - In recent weeks, the world has seen many changes due to the impact of COVID-19. The spread of this virus has impacted the world in many ways, including a likely significant impact on custody and visitation arrangements. The spread of COVID-19 and the government’s suggestion—or requirement, in some areas—that everyone practice social distancing and self-quarantine - [Estate planning and COVID-19: How can I get my will signed?](https://wmmlegal.com/estate-planning-and-covid-19-how-can-i-get-my-will-signed) - We have had a lot of people reach out and ask about the ability to complete their estate plan during the pandemic. In response, our office has put the following procedures in place. We are conducting initial consultations and document review of your estate documents (will, trust, power of attorney, advanced medical directive to name - [Getting bail in Virginia—what you need to know during the pandemic](https://wmmlegal.com/getting-bail-in-virginia-what-you-need-to-know-during-the-pandemic) - When someone we love is accused of a crime and taken into custody, the most immediate issue in our minds is getting them somewhere safe outside of a jail. Family and friends are always rightly concerned about people they care about being confined amongst potentially dangerous people and in a place where they are in - [Setting up your appeal when trial doesn't go as planned.](https://wmmlegal.com/settingupyourappealwhentrialdoesntgoasplanned) - Every attorney who does any significant trial work—and many clients beside them—recognize even in the middle of trial when a ruling has gone against them and their case will not recover. It’s a disheartening realization, but not one that necessarily means defeat. In Virginia, every litigant has a right to appeal to the Court of - [Living “Separate and Apart” During Quarantine and COVID-19](https://wmmlegal.com/living-separate-and-apart-during-quarantine-and-covid-19) - What should you do if you find yourself looking to separate from your spouse and eventually divorce, but are stuck living in the same house as your spouse for the foreseeable future owing to COVID-19 shelter in place polices and guidelines? In Virginia, the Courts are largely closed until at least April 24, 2020 and - [Child Support Payments During COVID-19](https://wmmlegal.com/child-support-payments-during-covid-19) - In Virginia, 1 in 7 children receive child support payments through the Virginia Division of Child Support Enforcement (DCSE), and more children receive child support payments that do not pass through Virginia DCSE. It stands to reason then, that in the midst of the current COVID-19 health crisis, that many parents may struggling with how - [COVID-19 and Extended School Year Services](https://wmmlegal.com/covid-and-extended-school-year-services) - Schools have closed their buildings until the end of the school year. Some counties are attempting to continue to the end of the year using remote education services like Chesterfield County while others like Henrico County are ending the school year early. For the schools that are ending early, they no longer need to provide - [COVID-19 and Social Distancing: The Criminal Implications](https://wmmlegal.com/covid-19-and-social-distancing-the-criminal-implications) - At this point we are all aware of the Governor’s orders that all gatherings are to remain at less than 10 people. Virginia’s Executive Order numbers 53 and 55 state that any gathering of 10 or more people will be considered a class 1 misdemeanor. This means that by gathering in a group of 10 - [Virginia ABC Policy Changes During COVID-19 Outbreak](https://wmmlegal.com/virginia-abc-policy-changes-during-covid-19-outbreak) - Over the past several weeks, Governor Northam has issued a number of Executive Orders related to what is and is not allowable for Virginia retail businesses and restaurants. Following the Governor’s Executive Order 51 on March 12th, Virginia ABC instituted several policy changes in an attempt to support bars and restaurants that are facing hardship - [How do I repair the damage? Can a false accusation—a criminal charge—be “fixed” in the public eye?](https://wmmlegal.com/how-do-i-repair-the-damage-can-a-false-accusation-a-criminal-charge-be-fixed-in-the-public-eye) - Our firm gets questions almost weekly from people who call asking what they can do about criminal charges or other public allegations that were filed or published against them that they were factually innocent of. The latest prominent allegation in Virginia of a false accusation is the ongoing litigation in Fairfax County between actor Johnny - [Real ID Deadline Extended](https://wmmlegal.com/real-id-deadline-extended) - With the rapid spread of COVID-19 and the declaration of a national emergency, the Department of Homeland Security has made the decision to extend the deadline in which all U.S. citizens and Non-citizens are required to obtain a Real ID. The deadline has been extended by twelve months, moving from October 1, 2020 to October - [The bank says I need corporate governing documents? What do they mean? Understanding what bylaws and operating agreements and their purpose.](https://wmmlegal.com/the-bank-says-i-need-corporate-governing-documents-what-do-they-mean-understanding-what-bylaws-and-operating-agreements-and-their-purpose) - With the CARES Act and the new SBA and PPP loan applications in place, we have had clients reach out and ask for copies of their company bylaws or operating agreements. Bylaws are used by corporations and operating agreements are used by limited liability corporations (LLCs), but what do they do? And why do I - [Boiling the frog—at what point do I need to get a protective order?](https://wmmlegal.com/boiling-the-frog-at-what-point-do-i-need-to-get-a-protective-order) - The nature of domestic violence means it is almost always hidden from public view. It happens in secret, behind closed doors, late at night, and around people who inherently have an ax to grind and who might use it to gain a personal advantage both inside and outside the home. It also is one that, - [MAJOR change to post conviction practice and the law of actual innocence! New options in Virginia for clearing your record even when you have plead guilty to a crime.](https://wmmlegal.com/major-change-to-post-conviction-practice-and-the-law-of-actual-innocence-new-options-in-virginia-for-clearing-your-record-even-when-you-have-plead-guilty-to-a-crime) - A question we get nearly every week from people with convictions long in their past is whether they can get them stricken from their record. Ordinarily, no, a criminal conviction in Virginia will remain on your record and come up on various background checks (depending on how deep and far back the search goes). However, - [Decriminalization of the Simple Possession of Marijuana in Virginia](https://wmmlegal.com/decriminalization-of-the-simple-possession-of-marijuana-in-virginia) - On Sunday, April 12, 2020, Governor Ralph Northam signed a bill into law decriminalizing simple possession marijuana in the Commonwealth of Virginia. Presently, with regards to a first offense,“any person [who] knowingly or intentionally to possess marijuana” is guilty of a misdemeanor and faces up to 30 days in jail, as well as a - [Civil trials during the pandemic](https://wmmlegal.com/civil-trials-during-the-pandemic) - During the COVID-19 crisis, we have received a number of phone calls from clients or potential clients about civil matters. Right now, every jurisdiction is working to accommodate as much civil litigation as it can while heavily limiting in person hearings. Many jurisdictions are allowing for electronic submissions and have put procedures in place for - [Who can be “damaged” by defamation? Public figures and the requirement of malice.](https://wmmlegal.com/who-can-be-damaged-by-defamation-public-figures-and-the-requirement-of-malice) - Defamation actions usually concern showing that a person made a false statement about another person that harms them in some fashion. But the First Amendment puts one very important limitation on that: because we value the marketplace of ideas we need public matters capable of being freely talked about without threat of retribution. And that - [Repairing the damage from defamation: not every statement qualifies as one of “fact”](https://wmmlegal.com/repairing-the-damage-from-defamation-not-every-statement-qualifies-as-one-of-fact) - In heated situations, when tempers are lost, in situations where feelings are hurt and people make statements impugning the character of others, it’s not uncommon we get questions on when someone can be sued for defamation. But not every possible statement is one that a person can sue over. Defamation concerns statements of “fact”, not - [Debt Collection and Successor Liability](https://wmmlegal.com/debt-collection-and-successor-liability) - The path seems obvious. A business won't pay your invoice so you go to court and get a judgment. Unfortunately, what many people do not realize is that securing a monetary judgment against an entity does not always translate to you receiving that money. Rather, a judgment is a document that states that a (person - [How criminal defense counsel can help in Virginia: Recharacterizing felonies as misdemeanors.](https://wmmlegal.com/how-criminal-defense-counsel-can-help-in-virginia-recharacterizing-felonies-as-misdemeanors) - In an earlier post on collateral consequences, we wrote about how felony convictions can result in life-altering events that forever change the course of how society treats you. Frequently clients charged with a felony offense—along with the families and other loved ones—have as many questions about those as they do about possible jail and fines. - [Estate planning after relocation. Is an out of state will valid in Virginia?](https://wmmlegal.com/estate-planning-after-relocation-is-an-out-of-state-will-valid-in-virginia) - Life is full of so many unexpected and exciting events-marriage, birth of a child, career changes and often relocation. With a big move from one state to another, many tend to take necessary steps after they have moved. This could include changing their address, obtaining a new driver’s license and updating important contact information. But - [How Should We Handle Stimulus Checks for Separated Couples in Virginia During COVID-19?](https://wmmlegal.com/how-should-we-handle-stimulus-checks-for-separated-couples-in-virginia-during-covid-19) - By now many people in Virginia have received their stimulus checks provided by the federal government as a means to provide assistance during the ongoing COVID-19 pandemic. Each eligible taxpayer on average can receive up to $1,200.00 plus an additional $500.00 per child, with a married couple with two children receiving up to $3,400.00, with - [Intoxication as a Defense in Virginia](https://wmmlegal.com/intoxication-as-a-defense-in-virginia) - Since the start of the pandemic, most everyone who has been following the news knows that while everyone is passing the time in quarantine people are drinking alcohol more. The pandemic has also made it more necessary for people to take psychotropic medications they never might have consumed with the stress the disease is causing - [Traps for the unwary! Strict liability felonies in Virginia.](https://wmmlegal.com/traps-for-the-unwary-strict-liability-felonies-in-virginia) - There are some crimes that people can commit without knowing the law is “on the books.” Or even committing it entirely inadvertently if they did know. These are called “strict liability” offenses, and they do not require that the prosecution show any intent on your part to convict you and imprison you. Here are some - [Assault and Battery in Virginia Against a Family or Household Member: First Offender](https://wmmlegal.com/assault-and-battery-in-virginia-against-a-family-or-household-member-first-offender) - In Virginia, assault and battery charges where the victim is a family or household member are handled in the Juvenile and Domestic Relations District Court. “Family or household member” is defined as, (i) the person's spouse, whether or not he or she resides in the same home with the person, (ii) the person's former spouse, - [Destruction of a will - a crime with a harsh punishment in the Commonwealth of Virginia](https://wmmlegal.com/destruction-of-a-will-a-crime-with-a-harsh-punishment-in-the-commonwealth-of-virginia) - A last will and testament is a legal document that articulates a person’s wishes for after they have passed away. It’s an important document that maps out who will be named their executor, how one’s property is distributed and possible guardianship of their children. It gives the decedent the ability to have control over their - [Changing your Will](https://wmmlegal.com/changing-your-will) - The coronavirus pandemic is prompting many people to write their wills and take care of their estate planning. But what if you have already executed a will, and you just want to change one or a few things? Under Virginia law, you are allowed to change or revoke your will at any time. If you - [Divorce & Frozen Embryos – What Happens if you Separate?](https://wmmlegal.com/divorce-frozen-embryos-what-happens) - In today’s world, there is no one way to start a family. The amount of options are almost endless – adoption, foster, surrogacy, artificial insemination, in vitro fertilization, and the list goes on. However, as artificial reproductive technology advances, it brings up new problems for couples who are going through a divorce. For example, one - [Best Interests of The Child: A Ten Factor Journey](https://wmmlegal.com/best-interests-of-the-child-a-ten-factor-journey) - Any custody or visitation litigation involving a child in the Commonwealth of Virginia will include at some point a consideration of Virginia Code § 20-124.3- a list of ten factors that the court must consider in determining who to award custody and visitation of a child. Given the fact that the Court must consider each - [Social Media Scams and the Quarantine](https://wmmlegal.com/social-media-scams-and-the-quarantine) - During this pandemic we have all been spending more time in our homes than we did previously. As we remain at home, more people are relying on online platforms to purchase items directly from other people or sell items directly to other people. While the internet has become much more secure than it once - [Mediation in Custody, Visitation, and Support Cases](https://wmmlegal.com/mediation-in-custody-visitation-and-support-cases) - In Virginia, not all petitions for child custody, visitation, or support necessarily go to trial. This is, in part, because the Court must refer the parties in “appropriate cases” to mediation. See Va. Code § 20-124.4(A). Mediation is an alternate dispute resolution (ADR) process in which the parties discuss their dispute with a trained mediator - [Revocable v. Irrevocable Trusts](https://wmmlegal.com/revocable-v-irrevocable-trusts) - Trusts are an important part of estate planning. They can be used in place of a will, allow you to protect your assets, and may also be used to transfer assets to your beneficiaries after you pass away. Trusts can be arranged in various ways and provide many different benefits. However, there are different types - [July 1st, 2020 Brings Another Change to the Grand Larceny Threshold in Virginia](https://wmmlegal.com/july-1st-2020-brings-another-change-to-the-grand-larceny-threshold-in-virginia) - On July 1, 2020, the threshold amount for a felony grand larceny will increase again from $500 to $1,000. This law change comes quickly on the heels of the General Assembly increasing the threshold amount from $200 to $500 back in July of 2018. The 2018 law change was the first increase in the amount - [Decriminalization of the Simple Possession of Marijuana in Virginia Effective July 1st, 2020](https://wmmlegal.com/decriminalization-of-the-simple-possession-of-marijuana-in-virginia-effective-july-1st-2020) - On Thursday, May 21, 2020, Virginia Governor Ralph Northam formally signed a bill into law decriminalizing simple possession of marijuana on the Commonwealth of Virginia. In early April, the two bills were passed by the legislature regarding the decriminalization of marijuana. As we wrote about in April, governor reviewed those bills and proposed additions to - [Public intoxication—what you need to know](https://wmmlegal.com/public-intoxication-what-you-need-to-know) - With the weather warming up and people finally spending more time outside their homes, an issue that frequently arises concerns arrests for being intoxicated in public under Virginia Code § 18.2-388. As with most areas of the law, there are a few things one can do to minimize the risk of even being arrested for this - [Litigation and Bankruptcy. What is the effect?](https://wmmlegal.com/litigation-and-bankruptcy-what-is-the-effect) - If you are in the midst of litigation and one parties files for bankruptcy, a common belief is that those proceedings will automatically terminate. Rather, depending on the type of bankruptcy, the type of debtor and the area of law involved, prior proceedings may either continue in the state court or proceed in the federal - [When does a power of attorney become effective?](https://wmmlegal.com/when-does-a-power-of-attorney-become-effective) - A few years ago we wrote about what is a power of attorney. As we outlined in that article, the power of attorney is a legal document in which one person (the principal) appoints another person (the attorney-in-fact) to make personal and/or financial decisions on behalf of the principal. These documents become effective based on - [Grandparents’ Rights to Custody in Virginia](https://wmmlegal.com/grandparents-rights-to-custody-in-virginia) - In Virginia, individuals other than the parents of a child may be able to petition for custody and/or visitation of that child. Specifically, Virginia law allows a “person with a legitimate interest” to petition for custody and/or visitation. Persons with a legitimate interest include, but are not limited to “grandparents, step-grandparents, stepparents, former stepparents, blood - [Eviction Suspension Ends in Virginia on June 29th](https://wmmlegal.com/eviction-suspension-ends-in-virginia-on-june-29th) - Housing. It is one thing which we all require. During the COVID-19 stay at home orders and the quarantine Virginia had a moratorium on evictions. Unlawful detainer cases which were already filed were continued and new cases for residential evictions were not heard. This has been a boon to many tenants in Virginia as the - [Can Filing for Bankruptcy Stop the Lawsuit Against You?](https://wmmlegal.com/can-filing-for-bankruptcy-stop-the-lawsuit-against-you) - If you are in the midst of a lawsuit and experiencing financial hardship, filing for bankruptcy may seem like a quick fix that will prevent judgment against you. In some cases, that may be true, but there are many types of lawsuits that filing for bankruptcy will not prevent from moving forward. We discussed the - [Wills and Estates: Three tips on where to start.](https://wmmlegal.com/wills-and-estates-three-tips-on-where-to-start) - Three tips on where to start when drafting a will. - [What do you need to know about Virginia inheritance law? Distribution to your spouse isn't just automatic.](https://wmmlegal.com/distribution-to-your-spouse-isnt-automatic-what-do-you-need-to-know-about-virginia-inheritance-law) - Most clients that reach out to us believe that if something happens to them, their assets will automatically go to their spouse. However, in Virginia, this is not always the case. Examples of situations where the assets would not go (or go entirely) to the surviving spouse include but are not limited to: 1) The - [Living Separate and Apart: Why Should I Memorialize this?](https://wmmlegal.com/living-separate-and-apart-why-should-i-memorialize-this) - When a couple in Virginia decides to pursue a “no-fault” divorce, they must live separate and apart in excess of six months to a year depending on the circumstances under Virginia Code § 20-91(A)(9). Many times, owing to financial constraints couples must continue to reside under same roof for some of the required time, being - [Change to Penalty for Refusal of BAC Test in Virginia](https://wmmlegal.com/change-to-penalty-for-refusal-of-bac-test-in-virginia) - On July 1, 2020, a major change was implemented concerning the penalty for refusing to cooperate with a blood or breath test following arrest for a DUI charge. Virginia has an “implied consent” law. This means that under the law every Virginia driver has previously consented to be tested for alcohol when they are arrested - [How long will it last? Duration of Spousal Support in Virginia](https://wmmlegal.com/how-long-will-it-last-duration-of-spousal-support-in-virginia) - Any many are aware, Virginia law allows a court to award spousal support—commonly referred to as alimony—to an ex-spouse upon divorce. Such support can be ordered to be made in “periodic payments for a defined duration, or in periodic payments for an undefined duration, or in a lump sum award, or in any combination thereof.” - [Plea withdrawls. Is it too late?](https://wmmlegal.com/plea-withdrawls-is-it-too-late) - A question we frequently get from people is whether they can withdraw their guilty plea. Virginia Code § 19.2-296 provides that a “motion to withdraw a plea of guilty … may be made only before sentence is imposed …; but to correct manifest injustice, the court … may set aside the judgment of conviction and permit the - [Three major changes coming to Special Education Law in Virginia.](https://wmmlegal.com/three-major-changes-coming-to-special-education-law-in-virginia) - For parents in Virginia, especially the greater Richmond area, positive changes in the school system are due to be implemented that will give parents more control and help in providing their children an appropriate education. The three biggest changes coming will be: 1) The way VDOE handles their general supervision duty; 2) what types of - [Virginia, criminal charges, and autism spectrum disorder or intellectual disability.](https://wmmlegal.com/virginia-criminal-charges-and-autism) - Virginia criminal law charges and new laws for autism and intellectual disability defense. - [Where to start when considering Bankruptcy](https://wmmlegal.com/where-to-start-when-considering-bankruptcy) - tips when thinking about filing bankruptcy - [Misclassification of Employees: New laws for Virginia businesses](https://wmmlegal.com/misclassification-of-employees-new-laws-for-virginia-businesses) - Virginia has new laws regarding how independent contractors and employees are classified in Virginia. Employers (small businesses) need to know. - [Ann Taylor, Lane Bryant File Chapter 11 Reorg](https://wmmlegal.com/ann-taylor-lane-bryant-file-chapter-11-reorg) - Impacted from COVID-19, Ann Taylor and Lane Bryant’s parent company, Ascena Retail Group (ticker: ASNA) filed a Chapter 11 bankruptcy petition in the Eastern District of Virginia in Richmond on Thursday. It seeks to reorganize over $1 Billion in debt. “Throughout the restructuring process, the Company’s brands, including Ann Taylor, LOFT, Lane Bryant, Justice and - [Virginia DUI (DWI). Where to start?](https://wmmlegal.com/virginia-dui-dwi-where-to-start) - Video on where to start with a dui dwi charge - [Child Custody and Support Cases in Virginia. Where to start?](https://wmmlegal.com/child-custody-and-support-cases-in-virginia-where-to-start) - Video on where to start in a child custody and support case in Virginia - [Changes in DUI Restricted Licenses in Virginia](https://wmmlegal.com/changesinduirestrictedlicenses) - One of the worst parts of getting convicted of driving under the influence having your license suspended or restricted. Historically, a DUI conviction meant a restricted license for twelve months that allowed the driver to go to work, school, and the doctor. Those restricted licenses included a requirement of at least 6 months of an - [First Offense Theft Cases in Virginia](https://wmmlegal.com/first-offense-theft-cases) - Starting July 1, 2020, a person charged with any misdemeanor theft or larceny related crime can have the case deferred and ultimately dismissed under Virginia law. Prior to that, Courts had no authority to defer larceny charges so that a person charged with a first offense shoplifting could end up without a criminal record. Under - [Child Custody and Visitation in Virginia: Best Interests of a Child and Factor 4](https://wmmlegal.com/child-custody-and-visitation-in-virginia-best-interests-of-a-child-and-factor-4) - We mentioned in our prior post about the best interests of the child test and the list of ten factors that a Court must consider in determining who to award custody and visitation of a child. As we stated before, anytime parents or grandparents find themselves in contested custody and visitation litigation, they must consider - [Creditors' Rights, Chapter 11 & Claims "Covered" By Liability Insurance](https://wmmlegal.com/creditors-rights-chapter-11-claims-covered-by-liability-insurance) - When a company files a Chapter 11 petition, what are your rights as a creditor as it pertains to your ability to collect under a liability insurance policy held by the debtor? Patricia Bronte notes in the Insurance Coverage Law Bulletin, "When an insured entity becomes a debtor in bankruptcy, the interests of liability insurers - [Chapter 11 Bankruptcy Cases Soar](https://wmmlegal.com/chapter-11-bankruptcy-cases-soar) - According to USA Today, twelve midsize to large corporations – all with more than $10 million in debt – filed for Chapter 11 bankruptcy protection during the third week of June, another consequence of the coronavirus pandemic and continued trouble in America’s oil industry. Epiq Systems Inc. reports that Chapter 11 business bankruptcy filings increased 26% in - [Advanced Medical Directives and Covid-19](https://wmmlegal.com/advanced-medical-directives-and-covid-19) - Three months into the Covid Pandemic, we have all probably read online accounts of individual's first hand accounts with the virus, including articles written from the caretaker's point of view. One such article documented man sharing his father’s medical journey after being diagnosed with Covid-19. His father spent thirty-one days in the hospital fighting one - [Terminating a Lease: Not a one size fits all procedure.](https://wmmlegal.com/terminating-a-lease-not-a-one-size-fits-all-procedure) - Not all leases are created equal. Under the eyes of the law, there are very few reasons that a landlord must let a tenant out of a lease early. However, that does not mean that there are not ways to terminate a lease early, only that a landlord is generally not obligated to terminate early - [Intelsat Files Chapter 11 Bankruptcy in Richmond Division](https://wmmlegal.com/intelsat-files-chapter-11-bankruptcy-in-richmond-division) - Satellite operator Intelsat, which launched the world's first commercial communications satellite Intelsat 1 in 1965, filed for Chapter 11 bankruptcy in Richmond, VA on Wednesday, May 13 in order to ease a multibillion-dollar debt and join an FCC spectrum clearing program. In a statement Wednesday, Intelsat representatives said the bankruptcy filing was spurred, in part, by - [Product Liability in Virginia: Injury from use of a product.](https://wmmlegal.com/product-liability-in-virginia-injury-from-use-of-a-product) - Due to the current pandemic, people are finding themselves within their home much more than usual. This means that they are using appliances and items in their home that they may not have used that much beforehand. It is possible that you could find yourself injured due to one of these appliances or items - [Zoom Meeting Tips from the Pros: 1st Edition](https://wmmlegal.com/zoom-meeting-tips-from-the-pros-1st-edition) - As has been well documented, COVID-19 has increased the use and frequency of Zoom Meetings across business sectors in our economy. Zoom makes it very easy to communicate. After all, you don't need an account to join a call, only to host one. The interface is intuitive and works well. Of course, with this new - [7 Steps to a CH 7 Bankruptcy During COVID-19](https://wmmlegal.com/7-steps-to-a-ch-7-bankruptcy-during-covid-19) - As COVID-19 continues to challenge individuals and business across the country, many people are turning to Chapter 7 of the Bankruptcy Code for relief. Step 1. Call Winslow & McCurry, PLLC at (804) 423-1382 to set up a Zoom Meeting or telephone call to receive your free bankruptcy consultation. We will schedule for you a - [Congress: "Extend Your Confirmed Chapter 13 Case from 5 to 7 Years during COVID-19"](https://wmmlegal.com/congress-extend-your-confirmed-chapter-13-case-from-5-to-7-years-during-covid-19) - The massive bailout passed by Congress last week known as the CARES (Coronavirus Aide, Relief and Economic Security) Act contains several provisions helpful to those considering in pending Chapter 7 and Chapter 13 bankruptcy cases. These provisions include the following: Chapter 7 and Chapter 13 For purposes of calculating a debtor’s income to determine his - [Equitable Distribution and the Division of Military Retirement Benefits in Divorce](https://wmmlegal.com/equitable-distribution-and-the-division-of-military-retirement-benefits-in-divorce) - In Virginia, the court divides marital property in a process that is called “equitable distribution.” Specific assets that the court is given express authority to distribute include the marital share of a “pension, profit-sharing or deferred compensation plan or retirement benefits.” Va. Code § 20.-107.3(G)(1). The statute lays out rules for the majority of retirement - [Court's Rule Changes Ease Bankruptcy Practice During COVID-19](https://wmmlegal.com/courts-rule-changes-ease-bankruptcy-practice-during-covid-19) - The impact of COVID-19 on the practice of law is being felt worldwide. The economic damage is being wrought daily on families, individuals, and businesses. This is what keeps us open during this crisis while maximizing the safety of clients, lawyers and staff. And now the Bankruptcy Courts have helped: Standing Order 20-5: "All meetings - [Virginia Small Estate Affidavit: Sometimes the full probate process isn't necessary.](https://wmmlegal.com/virginia-small-estate-affidavit-sometimes-the-full-probate-process-isnt-necessary) - It is not rare for us to have our estate clients ask us how they can avoid "probate". During the estate planning process we discuss the pros and cons and options that are available to them. Once someone has passed, the options are more limited. One tool that may help those loved ones that are - [Virginia License Suspension Forgiveness - For now, a temporary reprieve.](https://wmmlegal.com/virginia-license-suspension-forgiveness-for-now-a-temporary-reprieve) - This year Virginia has seen a change in how it handles license suspension. There have been many articles and news outlets stating that through a budget amendment effective July 1, 2019 Virginia law changed to prohibit courts from suspending a person’s driver’s license due to failure to pay court fines and costs. This statement is - [Where do I file suit? State or Federal Court?](https://wmmlegal.com/where-do-i-file-suit-state-or-federal-court) - Both the federal government and each state government have their own distinct court systems. While both include judges, attorneys, and witnesses alike, they are very different. The main difference involves the type of case that each court is allowed to hear and decide. This is called jurisdiction, which refers to a particular’s court authority to - [Child Custody: What happens when a protective order is in place?](https://wmmlegal.com/child-custody-what-happens-when-a-protective-order-is-in-place) - It is not uncommon for individuals who have gone through a bitter divorce or custody case to have trouble communicating effectively. But what happens if you and your child’s other parent are not legally allowed to have direct communication with each other? Who gets custody if a protective order is in place? The Virginia Court - [DUI (DWI) under .08 BAC in Virginia](https://wmmlegal.com/dui-dwi-under-08-bac-in-virginia) - Most people believe that if you have a BAC (Blood Alcohol Content) under 0.08, you are safe to drive and cannot be charged with DUI (DWI). However, in Virginia, that is not the case. Consuming any amount of alcohol prior to driving will impair a driver’s ability to operate a motor vehicle safely. Popular culture - [Do I need a will, a living revocable trust or both?](https://wmmlegal.com/do-i-need-a-will-a-living-revocable-trust-or-both) - A common question in an estate initial consultation is whether or not the client needs a will, a living revocable trust or both. As with all legal issues, the response is - it depends. A will is a document that outlines how you would like to distribute your assets that can be probated, the legal - [City of Richmond's Eviction Diversion Program (EDP)](https://wmmlegal.com/city-of-richmonds-eviction-diversion-program-edp) - landlord, tenant, virginia, eviction, edp - [Handling a College Campus Sexual Assault Hearing—Contested Cases Mean Cross-Examining Witnesses](https://wmmlegal.com/handling-a-college-campus-sexual-assault-hearing-contested-cases-mean-cross-examining-witnesses) - Under federal law, when sexual harassment or sexual assault is reported on a college or university campus - the colleges and universities are empowered to investigate and resolve the complaints of sexual harassment and sexual assault involving their students under Title IX. When those complaints are founded, schools have the power to expel the offending - [Campus Sexual Assault Title IX Investigations — Criminal Law Inside Universities](https://wmmlegal.com/campus-sexual-assault-title-ix-investigations-criminal-law-inside-universities) - Under any circumstance, no parent ever wants to get a phone call from their child saying that they have been the victim of sexual assault or are facing an accusation of sexual assault. For those with children attending a university or college, Title IX will control any investigation of the sexual assault at the university - [Restitution with Juveniles: How do you recover when it is a juvenile committing the property damage?](https://wmmlegal.com/restitution-with-juveniles-how-do-you-recover-when-it-is-a-juvenile-committing-the-property-damage) - Crimes are seldom limited by age of the offender - and a common question a prosecutor will ask a victim is how much it will cost to repair the damage a juvenile has caused in a property destruction offense. Typically, a victim will tell the prosecutor, who will in turn tell the judge, who will - [October 2019 Civil Rights Restoration Update](https://wmmlegal.com/october-2019-civil-rights-restoration-update) - Governor Northam announced on Wednesday October 9th, 2019 that since he took office in January 2018 over 20,000 Virginians have had their civil rights restored (22,205 to be exact). Felony disenfranchisement is a policy in Virginia where convicted felons lose certain civil rights including the right to vote and the right to serve on a - [Expungements after guilty verdicts in Virginia. What options do you have?](https://wmmlegal.com/expungements-after-guilty-verdicts-in-virginia-what-options-do-you-have) - A question we frequently hear is whether a conviction can be expunged that is "years old" or that was "simply a misdemeanor". Generally, the answer is no—no matter how old or how minimal the offense was. Click here for an article from 2014 with some general information as well as our February 2019 update here. - [IEP Parental Consent: Make sure you are satisfied with the terms BEFORE you sign.](https://wmmlegal.com/iep-parental-consent-make-sure-you-are-satisfied-with-the-terms-before-you-sign) - In any context - the general rule of thumb to never sign anything until you are certain you agree is a good rule to follow. This concept also holds true for your child’s Individual Education Program (IEP) just as it would for anything else. Before any changes to the IEP can become effective the parent - [Equitable Distribution in Virginia. What is equitable?](https://wmmlegal.com/equitable-distribution-in-virginia-what-is-equitable) - In a divorce case, the judge has the ability to divide the property and debts of the parties. This process is called equitable distribution, and it involves several steps. The first of those steps requires the judge to determine whether the property is “separate property,” “marital property,” or a hybrid of the two. Virginia Code - [Probate in Virginia. What are the first steps?](https://wmmlegal.com/probate-in-virginia-what-are-the-first-steps) - The internet often seems to be full of misinformation regarding the probate process. Even a cursory google search of probate leads to an overwhelming amount of articles beguiling the probate process. While there is no denying that probate is a process, we are lucky in Virginia that we have a more direct approach to probate. - [The Emotional Roller Coaster of Divorce – How do I help myself and my case?](https://wmmlegal.com/the-emotional-roller-coaster-of-divorce-how-do-i-help-myself-and-my-case) - Divorce is undoubtedly one of the most stressful events an individual can go through. Along with the changes that accompany the dissolution of a marriage, there are also court proceedings that add to the distress. Fortunately, there are steps you can take to help your case and your emotional well-being. First, refrain from making posts - [Virginia's New Residential Landlord Tenant Laws: The Power of the Assumed Lease](https://wmmlegal.com/virginias-new-residential-landlord-tenant-laws-the-power-of-the-assumed-lease) - This year, Virginia's legislature took action and made large strides to protecting a residential tenant’s interest. In their last session the Virginia General Assembly passed a new set of laws which have repealed all of the old residential landlord tenant laws, and created some new very powerful tools for tenants. Arguably the most impactful new - [Employer Vicarious Liability for Violent Crimes: Know your responsibility.](https://wmmlegal.com/employer-vicarious-liability-for-violent-crimes-know-your-responsibility) - Vicarious liability and respondent superior. Both are legal terms with a simple meaning. They both mean to some degree to hold someone else liable for the actions of a person, most often used to hold an employer liable for the acts of the employee. These are tried and true principals within the law. The general - [Child Support and Spousal Support: What is a material change in circumstances?](https://wmmlegal.com/childsupportandspousalsupportwhatisamaterialchangeincircumstances) - In divorce proceedings, a court may order payment of spousal support and/or child support. Often, circumstances change after a final decree of divorce has been entered but the obligation to pay support still exists, until modified by a Court order. Under Virginia Code § 20-109, certain events may terminate the obligation to pay spousal support, - [Burglary in Virginia: It isn't as simple as you think.](https://wmmlegal.com/burglary-in-virginia-it-isnt-as-simple-as-you-think) - At common law, and what most people continue to assume it is, is that burglary was the breaking into a home of another person at night with the intent to commit a larceny or other felony. Because of this common misconception, most people charged with burglary don’t understand the significance of the precise kind of - [Spousal Support. What do you need to know in Virginia divorces?](https://wmmlegal.com/spousal-support-what-do-you-need-to-know-in-virginia-divorces) - If you have found yourself in the middle of a divorce or are thinking about divorcing your spouse, you may be wondering if you are entitled to spousal support. Generally, in Virginia spousal support issues arise when the divorcing parties have been married for a significant amount of time and there is a significant gap - [Child Support- How to Track Expenses for Out of Pocket Medicals](https://wmmlegal.com/child-support-how-to-track-expenses-for-out-of-pocket-medicals) - Most court orders for child support provide for parents to be responsible for assisting in paying for out of pocket medical expenses under Virginia Code § 20-108.1 and Virginia Code § 20-108.2. This can often become complicated in terms of tracking bills and repayments. Many parents find that a monthly exchange of information can be - [Pendente Lite Relief – Why wait until your divorce is finalized when you can address the issues now?](https://wmmlegal.com/pendente-lite-relief-why-wait-until-your-divorce-is-finalized-when-you-can-address-the-issues-now) - You and your spouse have made the difficult decision to get a divorce. You’ve been able to address certain aspects of your separation, but there are some issues on which you just cannot agree. Depending on what these issues are, there may be no need to wait for everything to be settled; you can get - [Making divorce and child custody easier: There are Apps that can help.](https://wmmlegal.com/making-divorce-and-child-custody-easier-there-are-apps-that-can-help) - It seems that we often start our posts on family law topics with an obvious truth - divorce is never easy, and it is even harder when children are involved. The good news is that in our technologically reliant society - there are now a number of Apps available in the App Store and Google - [CBD in Virginia](https://wmmlegal.com/cbd-in-virginia) - In the past few months, stores offering various CBD products have popped up all over the Commonwealth of Virginia. These products range from drinks and candy to lotions and dog chews. Proponents claim that CBD products can cure depression, anxiety, sore muscles, and a laundry list of other conditions. CBD stands for Cannabidiol and to - [What should I wear to court? Court room dress code and etiquette in Virginia.](https://wmmlegal.com/what-should-i-wear-to-court-court-room-dress-code-and-etiquette-in-virginia) - A question we are often asked is, "what should I wear to court?" If you find yourself in a courtroom, it is always our advice to take the extra time to wear your best. This doesn't mean that you have to wear a suit - but if you have one, a suit is never a - [Virginia Strengthens Highway "Move Over" Law - Now Reckless Driving](https://wmmlegal.com/virginia-strengthens-highway-move-over-law-now-reckless-driving) - Since the inception of the "Move Over" law in 2002, Virginia has been serious about getting drivers on highways to slow down and move over when a stationary vehicle is on the side of a highway with its flashing lights. This year, Virginia's government has taken steps to continue to protect its first responders and - [Protective Orders in Virginia. What do you need to know?](https://wmmlegal.com/protective-orders-in-virginia-what-do-you-need-to-know) - Protective orders, in Virginia, are very similar to what’s known as “restraining orders” in other states. Protective orders can often be obtained for any person who is in danger of physical injury or harm, or threats of physical injury or harm. Protective orders are available in two forms: a general protective order and a family - [Divorce in Virginia: What happens if I leave the marital home?](https://wmmlegal.com/divorce-in-virginia-what-happens-if-i-leave-the-marital-home) - If you have made the choice to separate from your spouse, you may be asking if leaving the marital home is in your best interest. Virginia is a state with fault-based grounds for divorce, meaning that one spouse can assert some sort of marital misconduct against the other. One of these grounds is desertion. Desertion - [Virginia Fault Based Divorce: Tell me about Adultery?](https://wmmlegal.com/virginia-fault-based-divorce-tell-me-about-adultery) - Virginia is a state which has fault-based grounds for divorce. Fault-based grounds mean that there has been some sort of wrongdoing between the married couple which is the reason for the divorce. One such ground is adultery. Adultery occurs when one spouse has sexual intercourse with another person who is not his or her spouse. - [Minor Damage and Gaps in Treatment? Recovery is still possible in Virginia.](https://wmmlegal.com/minor-damage-and-gaps-in-treatment-recovery-is-still-possible-in-virginia) - Car accidents, even minor ones, affect our lives. People often believe if there is minimal damage to their vehicle and/or they wait to seek treatment after a car accident that they may not be able to recover for their injuries. However, that is not always the case. A woman was recently awarded a $265,000.00 settlement - [Virginia Computer Crimes Act](https://wmmlegal.com/virginia-computer-crimes-act) - In this day and age we keep out entire lives on a computer. Our phones store our personal contact information, bank account information, social media accounts, and for most people so much more. When a person physically injures you there is an obvious legal action that can be taken. When someone physically steals from you - [Opting out of the SOL in Virginia](https://wmmlegal.com/opting-out-of-the-sol-in-virginia) - Virginia Standards of Learning. Some schools breeze through them, others prep for them and focus on the tests more than they care to admit. As a parent you see the effects of the stress of the test weigh down on your child. There is no denying that students these days are given more standardized tests - [Reckless Driving, DUI, Speeding - How long does a ticket in Virginia stay on my driving record?](https://wmmlegal.com/reckless-driving-dui-speeding-how-long-does-a-ticket-in-virginia-stay-on-my-driving-record) - A question that we often hear is, how long is this (reckless driving) (DUI) (DWI) (speeding) ticket going to stay on my record? The Virginia DMV lists the time frame on their website here: https://www.dmv.virginia.gov/drivers/#points_6.asp The length of time a ticket will stay on your record depends on the consequences surrounding the ticket. § 46.2-852 - [Big Changes to Virginia Tobacco Laws: Age to Purchase now 21](https://wmmlegal.com/big-changes-to-virginia-tobacco-laws) - On February 21, 2019, Governor Northam signed into law a bill to increase the age for purchasing tobacco products in the Commonwealth from 18 years old to 21 years old. Virginia will join California, Oregon, Hawaii, Maine, New Jersey, and Massachusetts as the only states in the United States as the only states with a - [Where should you probate a will?](https://wmmlegal.com/where-should-you-probate-a-will) - A loved one has passed and you are listed as the Executor. You know that the next step is to go to a Circuit Court and open probate, but which one? Generally in Virginia, a will should be probated: where the decedent owned a home; or if they did not own a home, where the - [Continued Expansion of Gambling in Virginia](https://wmmlegal.com/continued-expansion-of-gambling-virginia) - After five years of being shuttered Colonial Downs is back open. The facility closed its doors in 2014 after contract negotiations between track owners and horse owners broke down. No live racing is scheduled to take place until August 8, 2019. However, the Grand Opening of the New Kent facility occurred April 23rd. With no - [What is the REAL ID law and is it offered through Virginia DMV?](https://wmmlegal.com/what-is-the-real-id-law-and-is-it-offered-through-virginia-dmv) - There have been many stories in the national media regarding REAL ID identification and when it will be necessary for travel in the United States. We have been asked what does this mean for Virginia residents? The Virginia Department of Motor Vehicles has begun to issue optional REAL ID driver’s licenses and identification cards. The - [Virginia DUIs: New Tougher Penalties for DUIs Involving Injuries](https://wmmlegal.com/virginia-duis-new-tougher-penalties-for-duis-involving-injuries) - On February 23rd, 2019, the House of Delegates voted to approve tougher penalties for DUIs that involve injuries in Virginia. The Senate had previously approved the bill unanimously by a vote of 40-0. On March 18th, Governor Northam signed the bill. This means that effectively July 1, 2019 the law change amends VA Code §18.2-51.4 - [Special Education Remedies in the Education Law Arena](https://wmmlegal.com/special-education-remedies-in-the-education-law-arena) - If your child has been denied their Free and Appropriate Public Education (FAPE) you may be entitled to certain remedies. The remedies for the denial of your child’s education is not the same as the remedies in a standard civil case. There is no recovery of money damages for the school’s failure to provide your - [Embezzlement—a crime proven by excluding the other possibilities](https://wmmlegal.com/embezzlement-a-crime-proven-by-excluding-the-other-possibilities) - In our increasingly digitized society, white collar crime is fast becoming one of the most frequently seen kinds of fraud by business owners, auditors, and law enforcement. It is estimated to cost US business more than a quarter-trillion dollars per year—more than the property losses for personal property crimes. But while there is so much - [Bullying in Schools: IEP and options.](https://wmmlegal.com/bullying-in-schools-iep-and-options) - Bullying is the scourge of many students. As parents and guardians we want to prevent our children from having to be subjected to bullying. In some states that is easier to do than others, but in Virginia - if your child has an IEP, you have an option. Certain states have very broad harassment statutes, - [Changes to School Calendar and Potential Consequences to Custody and Visitation Orders](https://wmmlegal.com/changes-to-school-calendar-and-potential-consequences-to-custody-and-visitation-orders) - As part of custody and visitation orders, parties will often look to the children’s school schedule in order to help craft visitation schedules for the non–custodial parent, or to help determine and even sharing of holiday time with both parents. When school systems change their calendars after an order for visitation has been entered, it - [Personal Injury and Property Damages: How much is your car worth?](https://wmmlegal.com/personal-injury-and-property-damages-how-much-is-your-car-worth) - One of the unfortunate consequences of any serious car wreck is the possibility that your vehicle will be declared a total loss. In these instances Virginia law requires that the responsible insurance carrier compensate you for the retail value of your vehicle just before the car accident. You are not entitled to the replacement cost - [Federal Crime Victims and Their Rights](https://wmmlegal.com/federal-crime-victims-and-their-rights) - Most people have forgotten about him, but one of the more lurid cases to come out of the federal courts in the last 10 years was that of Jeffrey Epstein. After success in finance and science philanthropy, police in Florida received a report of him involved in having sex with underage girls. When the federal - [Commonwealth v. Hall Implications: How involved does your property have to be before the government can take it under a forfeiture?](https://wmmlegal.com/commonwealth-v-hall-implications-how-involved-does-your-property-have-to-be-before-the-government-can-take-it-under-a-forfeiture) - How can you be punished for a crime? Most people would answer with prison, jail, or a steep fine. But what many people don’t know is that—when you use some kinds of property to commit a crime—the government can punish you by taking that too. Both Virginia and the federal government have provisions for taking - [Expungements: a way to prevent problems down the road](https://wmmlegal.com/expungements-a-way-to-prevent-problems-down-the-road) - A question attorneys often get is whether a conviction goes on someone’s “permanent record.” In Virginia, every conviction—and, frequently, every charge—is entered into the National Crime Information Center’s central database for use by any law enforcement agency in the United States. This can include people whose names and identifying information was used by an identity - [Is it a threat? Or just words? The difference between a conviction for assault and keeping a violent offense off your record](https://wmmlegal.com/is-it-a-threat-or-just-words-the-difference-between-a-conviction-for-assault-and-keeping-a-violent-offense-off-your-record) - A frequent argument we see in trials for assault is whether a threat alone constitutes an “assault.” In Virginia, there are two kinds of ‘assault.’ One is attempting to offensively touch another person. This can be swinging a bat, throwing a punch, or hurling an object at another person—regardless of whether the other person knew - [Marijuana Possession in Virginia Update](https://wmmlegal.com/marijuana-possession-in-virginia-update) - Last week, two bills that were attempting to redefine how the Commonwealth of Virginia treats marijuana were again defeated in the General Assembly. A bill to legalize marijuana for adults over 21 years of age was defeated by a vote of 6-2. While a bill to decriminalize marijuana, making it punishable by a civil - [Protective orders: tricky to obtain, but powerful once issued](https://wmmlegal.com/protective-orders-tricky-to-obtain-but-powerful-once-issued) - Anyone who knows someone who has suffered at the hands of a vindictive and even frightening ex- has seen the effects of living in fear. People who are being stalked, slandered, or threatened by that person spend inordinate amounts of their hard-earned pay and precious time in court, in therapists’ offices, and on the phone - [First time offenders and deferred dispositions: New opinion from the Attorney General permits some kinds of ‘deferred dispositions’](https://wmmlegal.com/first-time-offenders-and-deferred-dispositions-new-opinion-from-the-attorney-general-permits-some-kinds-of-deferred-dispositions) - The criminal justice system is, thankfully, one that many of us never have to deal with. But too often, someone who has never dealt with it finds themselves charged with an offense. A frequent worry we hear is how getting convicted for the first time will ruin an otherwise spotless record. For many kinds of - [Personal Injury: Survival Action vs. Wrongful Death Claim](https://wmmlegal.com/personal-injury-survival-action-vs-wrongful-death-claim) - It is never easy to loose a loved one. And then, it is even harder to have to go through the process of financial recovery - especially when it becomes necessary to go through the courts. When recovery through court action becomes your only option for redress, one of the most important first steps in - [The importance of a will. Yes, you need one.](https://wmmlegal.com/the-importance-of-a-will-yes-you-need-one) - As lawyers, we often find ourselves being asked legal questions outside of office hours. A common question we receive is, "I don't really need a will, do I?". The short answer to that question is yes, yes you do. For those asking what a will is – a will is a written document that outlines - [Special Education in Virginia: What is an IEP?](https://wmmlegal.com/special-education-in-virginia-what-is-an-iep) - As a parent or guardian you want what is best for your child, including ensuring that your child is receiving an appropriate education. If your child has been identified as requiring special education then your child is entitled to have specialized instruction to suit their needs. This specialized instruction is written down in an individualized - [Virginia Wrongful Death in Auto Cases: What are the damages?](https://wmmlegal.com/virginia-wrongful-death-in-auto-cases-what-are-the-damages) - The death of a loved one is one of the hardest things life can throw our way, made even more painful when it comes unexpectedly. In 2017 alone there were 843 auto-related fatalities in Virginia. Nearly a third, or 238 of those fatalities were related to alcohol use and 318 of them were related to - [Medical Marijuana in Virginia: Employer Liability?](https://wmmlegal.com/medical-marijuana-in-virginia-employer-liability) - With medical marijuana in oil form becoming legal is some instances in Virginia , an area of concern that has arisen is – what does this mean for Virginia employers? While marijuana remains illegal under federal law, Virginia employers are now forced to balance potential concerns in the workplace against their employee’s rights and protections - [Registering Final Custody, Visitation, and Support Orders in Virginia](https://wmmlegal.com/registering-final-custody-visitation-and-support-orders-in-family-law) - In today’s mobile society, it’s not uncommon to have a final decree of divorce which sets forth child custody and visitation, and/or child and spousal support issued in one state, and then have one or both parties move to a different state. Similarly, courts can issue custody and visitation orders that set forth terms for - [Jail Time and Fines: Penalties for Drug Possession in Virginia](https://wmmlegal.com/jail-time-and-fines-penalties-for-drug-possession-in-virginia) - Virginia’s drug laws are notoriously strict with harsh penalties that depend primarily on the type of crime, the type of drug involved and the amount. The first question we often receive is, will I go to jail? As with most legal questions, the answer is often, it depends. Virginia Code Section § 18.2-250 assigns possession - [Contract Drafting: The Legal Blank Canvas](https://wmmlegal.com/1830-2) - When clients come in looking to draft a contract – whether it be employment, settlement, or service related – the first thing we tell clients to remember is that every contract is a blank canvas. There will always be certain traditional legal provisions that need to be included – but when it comes down to - [Medical Marijuana in Virginia: A Powerful Affirmative Defense to Possession of Marijuana](https://wmmlegal.com/medical-marijuana-in-virginia-a-powerful-affirmative-defense-to-possession-of-marijuana) - As you may have heard in the news, Virginia Code Section § 18.2-250.1. “Possession of marijuana unlawful” has seen a number of changes over the past few years. In February of 2015, Governor McAuliffe signed into law a medical exemption for prescribed cannabis oils, creating an affirmative defense to possess cannabis oils for medical reasons - [Education Law and the IEP: What is Present Level of Performance in Virginia?](https://wmmlegal.com/education-law-and-the-iep-what-is-present-level-of-performance-in-virginia) - When your child is struggling in school it can be incredibly difficult for both them and for you, the parent. Special education is intended to help your struggling child, however the special education arena brings with it a new set of challenges. To ensure that your child’s needs are met a team will be - [Virginia DWI Law: The consequences of driving under the influence of alcohol or drugs while having a child in the vehicle with you](https://wmmlegal.com/virginia-dwi-law-the-consequences-of-driving-under-the-influence-of-alcohol-or-drugs-while-having-a-child-in-the-vehicle-with-you) - Virginia is a tough state when it comes to punishing drunk and drugged drivers. Virginia is even less tolerant when a person is caught operating a vehicle under the influence with a child (someone 17 years or younger) in the car with them. Virginia Code § 18.2-270(D) ​requires a mandatory five-day jail term in addition to all other fines and jail - [Are Royalties Part of the Chapter 7 Estate?](https://wmmlegal.com/are-royalties-part-of-the-chapter-7-estate) - You've just finished writing a hit 5-book series on the wild life of a secret agent. You market your books in various ways and receive ongoing royalties for this effort from your contract with several online book merchants. Then, due to unforeseeable circumstances, you have to file for bankruptcy. Are these royalties part of the - [The Importance of the Special Education Eligibility](https://wmmlegal.com/the-importance-of-special-education) - Parents want what is best for their child. When it comes to education, as a parent, you need to weigh certain factors to ensure your child has the education you feel is best. One of, if not the most important decision you will make regarding your child’s education is whether to have them tested for - [Corporations in Virginia: Beware the Unauthorized Practice of Law](https://wmmlegal.com/corporations-in-virginia-beware-the-unauthorized-practice-of-law) - Even if you are the owner of a corporation, under the laws of Virginia, you do not have the authority to represent that entity in a court of law across the Commonwealth. Corporations are considered separate entities from the owners. By not hiring an attorney and showing up to a court date on behalf of - [What is a power of attorney?](https://wmmlegal.com/what-is-a-power-of-attorney) - The power of attorney is a legal document in which one person (the principal) appoints another person (the attorney-in-fact) to make personal and/or financial decisions on behalf of the principal. The main purpose of a power of attorney is to appoint someone to make decisions, sign documents and carry out other important acts when you - [Divorce- How fast can it go?](https://wmmlegal.com/divorce-how-fast-can-it-go) - In Virginia, divorce can be in theory achieved in a fairly short amount of time if you meet certain legal requirements. By statute, if a couple has lived separate and apart in excess of six months, and have entered into a property settlement agreement, and if they don’t have minor children under the age of - [Virginia and Digital Assets: Our own Uniform Fiduciary Access to Digital Assets Act](https://wmmlegal.com/virginia-and-digital-assets-our-own-uniform-fiduciary-access-to-digital-assets-act) - As anyone that has been a fiduciary can tell you, getting into a principal's digital assets (whether it be email, accounts, or social media platforms) can at times be a challenge. For Virginia residents, the good news is that Virginia has addressed this issue. For documents created or for fiduciaries appointed on or after July - [What is the Difference Between a Guardian and Conservator?](https://wmmlegal.com/what-is-the-difference-between-a-guardian-and-conservator) - There are times when a child or an adult with diminished capacity will need a guardian and/or conservator appointed because he or she lacks the physical and/or mental capacity to care for themselves. The purpose of the guardianship and/or conservatorship is to ensure that the best interests of the incapacitated person are represented and accounted - [Personal Injury and Wearable Tech](https://wmmlegal.com/personal-injury-and-wearable-tech) - As electronic devices continue to shrink, the prevalence of wearable technology in everyday grows more and more powerful. Watches that once told us only the time and date can now track and store our GPS coordinates, heart rate, speed, and much more. When imported to companion computer programs or phone applications, these devices can paint - [Estate Planning and Trusts: Do you need a trust?](https://wmmlegal.com/estate-planning-and-trusts-do-you-need-a-trust) - If you have minor children, loved ones with diminished capacity, a substantial amount of assets, or have very specific instructions for how, when and to whom you want your estate to be distributed after you die, then a trust could be for you. Generally there are two types of trusts: revocable or irrevocable. A revocable - [Catastrophic Accidents – Exhausting all available coverage](https://wmmlegal.com/catastrophic-accidents-exhausting-all-available-coverage) - There are accidents on our roadways every day. While most collisions are fender-benders resulting in minor injuries and are resolved by insurance quickly, some injuries are so severe that they take months to years to heal and require hundreds of thousands, even millions of dollars’ worth of medical care. It’s critical in those situations that - [Where should I file for divorce in Virginia?](https://wmmlegal.com/where-should-i-file-for-divorce-in-virginia) - Once you decide to obtain a divorce in the Commonwealth of Virginia, the next question you may want to consider is which circuit courthouse can you file the divorce paperwork with? In Virginia, you have three options as the petitioning spouse, provided at least one spouse is a Virginia resident (ie. - you or your - [Understanding Circumstantial Evidence in Virginia Criminal Courts](https://wmmlegal.com/understanding-circumstantial-evidence-in-virginia-criminal-courts) - In many criminal cases, the Commonwealth cannot prove a case by direct evidence. Direct evidence is evidence such as eyewitness testimony, scientific evidence, or a confession. If the Commonwealth cannot prove a case by direct evidence alone, then it must rely on circumstantial evidence. Circumstantial evidence is evidence that proves the circumstances that are consistent - [Five Tips for Child Support Direct Payments in Virginia](https://wmmlegal.com/five-tips-for-child-support-direct-payments-in-virginia) - In Virginia many individuals pay or receive child support to or from the parents of their children. If a parent asks for child support to be paid into the Division of Child Support Enforcement, then the Court will order it done. However, many people prefer to just pay support “direct”, that is, directly between the - [Social Media and Personal Injury Suits - When is a good time to stay offline?](https://wmmlegal.com/social-media-and-personal-injury-suits-when-is-a-good-time-to-stay-offline) - If you’re injured in a car accident (or have another basis for a personal injury suit), one of the most important things you can do is to stay off social media until your case is done. Facebook, Twitter, and other social media websites have become almost synonymous with our public images, and for some it’s - [Public Place requirement in Virginia Criminal Law](https://wmmlegal.com/public-place-requirement-in-virginia-criminal-law) - Many crimes require that the action occur in a public place. Probably the best known is being drunk in public. The law does not prevent someone from being intoxicated in the comfort of their own home or someone else’s, but if you step out in public, you are opening yourself up for arrest. But what - [Beware Modification of Spousal Support Via Property Settlement Agreement](https://wmmlegal.com/beware-modification-of-spousal-support-via-property-settlement-agreement) - Many couples wisely choose to enter into a Property Settlement Agreement or “PSA instead of litigating their divorce through the courts. This generally includes dividing up assets, debts, and allocation for spousal support payments. Effective July 1, 2018, all property settlement agreements that award spousal support need to specifically state in writing in the agreement - [Murphy's Effect on Sports Gambling in Virginia](https://wmmlegal.com/murphys-effect-on-sports-gambling-in-virginia) - On May 14, 2018 the U.S. Supreme Court overturned the Professional and Amateur Sports Protection Act (PASPA) that has prohibited any state (except Nevada, Montana, Oregon, and Delaware who already allowed sports gambling in some manner) from allowing state-authorized sports gambling in Murphy v. NCAA, 584 U. S. 1 (2018). PASPA has been in place - [Changes to the Larceny Threshold in Virginia Criminal Courts](https://wmmlegal.com/changes-to-the-larceny-threshold-in-virginia-criminal-courts) - On July 1, 2018, the threshold amount for a felony larceny will increase from $200 to $500. This is the first increase in the amount in Virginia in almost 40 years. The larceny threshold came as a political compromise which also increased the monitoring and the collection of restitution payments. Under the new law, - [Considerations Regarding Aging and Estate Plans](https://wmmlegal.com/considerations-regarding-aging-and-estate-plans) - Spending the later years of life in a nursing home or other long-term care facility seems like a distant possibility to most Americans, but with two-thirds of elderly Americans needing long-term care, preparation may be the most important element of aging. When considering your options, a great source of information for those preparing for aging - [How quickly should I settle my car accident case with an insurance company?](https://wmmlegal.com/how-quickly-should-i-settle-my-car-accident-case-with-an-insurance-company) - Many people who have been the victim in a car accident will receive a phone call from the at-fault driver’s insurance company within a few weeks or months of the collision with an offer to settle their claim. While it is certainly tempting to take a quick settlement and put the whole affair behind you, - [Small Businesses and the SBA Virginia Resource Guide](https://wmmlegal.com/small-businesses-and-the-sba-virginia-resource-guide) - As small business owners ourselves - we understand that starting a business can be daunting. However, with planning, preparation and insight, chances of success can be improved tremendously. The U.S. Small Business Administration (SBA) reports that successful small business owners share a few things in common; they are self-starters, capable of organization, time management, and - [Kids in Car Accidents: The important differences with a minor and a personal injury case](https://wmmlegal.com/kids-in-car-accidents-the-important-differences-with-a-minor-and-a-personal-injury-case) - Has your child been injured in a car accident? If so, it is important to understand the differences between your child’s case and that of an adult. Here are a few examples. First, did you know your child has longer to file a claim? The statute of limitations on a child’s case doesn’t start running - [Reporting Accidents in Virginia: Not Just the Driver’s Responsibility for a Hit and Run](https://wmmlegal.com/reporting-accidents-in-virginia-not-just-the-drivers-responsibility-for-a-hit-and-run) - In Virginia it is important to know that passengers, not just the driver, can be criminally charged with failure to report an accident. If an accident occurs, every person in the car who is 16 years old or older has a duty to ensure that a report is made to law enforcement within 24 hours - [What is “Negligence”? And how does it relate to personal injury law and car accidents?](https://wmmlegal.com/what-is-negligence-and-how-does-it-relate-to-personal-injury-law-and-car-accidents) - One of the most frequently heard bits of “legalese” used when talking about a personal injury (for example, from the result of a car accident) is the word “negligence.” In day to day conversation the word “negligence” is usually used to refer to a failure to use proper care in doing something. Once we - [New Tool to Recover a Lost Life Insurance Policy in Virginia](https://wmmlegal.com/new-tool-to-recover-a-lost-life-insurance-policy-in-virginia) - The time period after a loved one passes is hard. It becomes even harder when you cannot find the loved ones records. If a loved one has died, but you aren’t able to locate their life insurance policy to claim the benefits, you can now use the free Life Insurance Policy Locator offered by the - [Reestablishing Credit Post-Bankruptcy via a Secured Credit Card](https://wmmlegal.com/reestablishing-credit-post-bankruptcy-via-a-secured-credit-card) - Reestablishing credit following a bankruptcy filing is fairly straight forward although it can take some time. First, the debts listed in your bankruptcy filing are deleted from your credit history in either 7 or 10 years. In a Chapter 13 bankruptcy, the debts are deleted (7) seven years from the filing date. In a Chapter - [Opening a brewery in Virginia? Consider these wholesaler requirements.](https://wmmlegal.com/opening-a-brewery-in-virginia-consider-these-wholesaler-requirements) - When a brewery wants to market its product in a retail store it needs to conform to Virginia's tied house regulations. If you need a refresher on Virginia's tied house regulations, you can find that information here. Briefly, a brewery cannot sell directly to a retailer; instead, the product must be sold to a wholesaler first - [So you want to open a brewery in Virginia? The Relevancy of Tied House Regulations](https://wmmlegal.com/so-you-want-to-open-a-brewery-in-virginia-the-relevancy-of-tied-house-regulations) - Prior to America's Dark Age (the Prohibition), it was common practice for bars or pubs to be tied to specified breweries through contractual agreements requiring them to purchase some or all of their beer from that brewery. Bars with these contracts were referred to as "tied" houses. Establishments with no such contractual obligations were referred - [New Tax Plan has Big Consequences for Divorced Spouses](https://wmmlegal.com/new-tax-plan-has-big-consequences-for-divorced-spouses) - The new tax plan signed into law by President Trump in late December 2017 has many new changes and provisions, including one which will greatly affect divorcing spouses when it comes to spousal support, or alimony, payments. Under current IRS law, a party paying spousal support can deduct those payments, effectively lowering the overall payments - [The Good, the Bad & the Ugly: Technology in Custody Battles](https://wmmlegal.com/the-good-the-bad-the-ugly-technology-in-custody-battles) - Often when parents become involved in custody disputes over their minor children, both parties and their attorney’s use any legal means available to help prove their case and/or assist the parties in co-parenting. As technology has evolved, it has become both a valuable tool and a destructive force available for parents and their counsel. A - [Consider the Gifts during the Holiday Season and their Impact on Equitable Distribution in Virginia](https://wmmlegal.com/consider-the-gifts-during-the-holiday-season-and-their-impact-on-equitable-distribution-in-virginia) - If you have made the very difficult decision that your marriage is ending and you’re ready to divorce your spouse, chances are you have questions about what property is yours and what property is your spouse’s. In Virginia, marital property is generally considered any property that is purchased or acquired during the marriage, and all - [Virginia Family Law: Vacation and Custody](https://wmmlegal.com/virginia-family-law-vacation-and-custody) - With winter vacations right around the corner, now is a good time to consider your current custody and visitation arrangement and any implications it may have for your travel plans. If you and your ex-spouse have a visitation agreement or court order, remember to re-read it prior to planning any vacation and be sure - [Possession of Drugs – Actual vs. Constructive in Virginia](https://wmmlegal.com/possession-of-drugs-actual-vs-constructive-in-virginia) - When a person is charged with the possession of drugs, it is not required that the person actually had the drugs on their person. Typically, the Commonwealth can prove that someone is possessing drugs in two ways. First, the state can show that someone had drugs that were actually in their possession. This requires the - [Specificity Matters: Suspect’s request for a “Lawyer, Dog” ambiguous](https://wmmlegal.com/specificity-matters-suspects-request-for-a-lawyer-dog-ambiguous) - http://www.nola.com/crime/index.ssf/2017/10/orleans_rape_suspects_lawyer_d.html Almost everyone is aware of the rights that a criminal suspect is entitled to when questioning by the police. These rights, known as Miranda rights, include the right to remain silent and the right to an attorney during questioning. Although rarely invoked by the criminal suspect, these are often cited by criminal defense attorneys - [Evicting family members in Virginia](https://wmmlegal.com/evicting-family-members-in-virginia) - Yes, in Virginia, you can evict unwanted family members from your home. However, to accomplish this legally, it is important to follow the proper steps and pursue the eviction through the courts. Virginia law does not look favorably upon self-help remedies (changing the locks). Chances are there is no written lease agreement with the family - [Opioid Epidemic in Virginia](https://wmmlegal.com/opioid-epidemic-in-virginia) - On October 26, 2017, President Trump declared a national health emergency due to the opiate epidemic in the United States. In Virginia, deaths related to opiate overdose have sharply increased over the past few years. The deaths do not come from one single demographic, race, or economic status. Unfortunately, most of the people that turn - [What is Underinsured Motorist Coverage?](https://wmmlegal.com/what-is-underinsured-motorist-coverage) - You've been involved in a car accident and have some sustained physical injuries as a result. The cost of your medical care quickly exceeded $25,000 but you’re not too worried because the other driver, who was at fault, has insurance. What if you find out that the at-fault driver’s policy limits prevent his or her - [I'm in a car accident and the other driver has no insurance. Now what?](https://wmmlegal.com/im-in-a-car-accident-and-the-other-driver-has-no-insurance-now-what) - The majority of us have been in a car accident at least once in our lives. If you haven’t been in a collision yet, consider yourself lucky. Unfortunately, you’re also likely overdue for one. Current car insurance industry statistics suggest that the average driver will file a motor vehicle collision-related claim once every 17.9 - [When Sweet Ain't Sweet No More - Recovering Engagement Rings in Virginia](https://wmmlegal.com/when-sweet-aint-sweet-no-more-recovering-engagement-rings-in-virginia) - In December 2016, the Supreme Court of Virginia reversed course and opened up a way for jilted fiancés to recover the engagement ring if the relationship ends before the wedding. In the case of Julia V. McGrath v. Ethan L. Dockendorf, the Court ruled that Mr. Dockendorf’s action to recover a $26,000 engagement ring - [Spoilation Pitfalls in Virginia Products Liability Cases](https://wmmlegal.com/spoilation-pitfalls-in-virginia-products-liability-cases) - Anyone who has worked in products liability for any period of time is familiar with the pitfalls awaiting a claim tainted by spoliation. Less common, however, is familiarity with how to handle spoliation when it happens. What is the correct way to handle a case when the expert you hired destroys the evidence central to - [What is a Divorce based on Constructive Desertion?](https://wmmlegal.com/what-is-a-divorce-based-on-constructive-desertion) - What do you do if you want to separate from your spouse and he or she won’t leave the house? A divorce filed on the fault ground of constructive desertion may be the answer. A spouse in Virginia can file on fault grounds immediately, and not have a waiting period of separation before being able - [Lynch v. Jackson a Victory for Consumer Debtors](https://wmmlegal.com/lynch-v-jackson-a-victory-for-consumers) - In Lynch v. Jackson, 2017 WL 59011, the Fourth Circuit handed a victory to consumer debtors considering whether debtors can use national and local standards for the means test when their actual expenses are lower. The debtors earned more than the North Carolina median household income, so their Chapter 7 petition was subject to the expenses portion - [Time to Revisit De-Criminalizing Adultery in Virginia?](https://wmmlegal.com/time-to-revisit-de-criminalize-adultery-in-virginia) - When the General Assembly convened for session on January 11th, 2017, numerous bills were put forward regarding all manner of laws. For anyone considering a divorce on adultery grounds, one bill, Senate Bill 1124, was seeking to decriminalize adultery in Virginia, which at present remains a misdemeanor punishable by up to a $250 fine. Actual prosecutions - [Restoring Rights in the Commonwealth](https://wmmlegal.com/restoring-rights-in-the-commonwealth) - Restoration of rights for felons in Virginia has been in the news a lot recently. After several months of upheaval, the process for a felon to get their civil rights restored has been redefined. When talking about restoration of rights, these rights include the right to vote, serve on a jury, run for public office, - [Mutnick named Counsel to Courts of Justice](https://wmmlegal.com/mutnick-named-counsel-to-courts-of-justice) - Winslow & McCurry is proud to announce that our attorney Steve Mutnick has been named as General Counsel to the Courts of Justice Committee for the Virginia House of Delegates. The 2017 General Assembly session convenes on January 3, 2017. The Courts of Justice Committee is assigned all bills regarding criminal law matters in the - ['Trustees Gone Wild' - Thoughts on In re: Williams Allegations](https://wmmlegal.com/trustees-gone-wild-thoughts-on-in-re-williams-allegations) - In re Williams 475 B.R. 489 (2012) addresses the case of the “eve-of-bankruptcy car purchase.” In this 2012 case before Judge Mayer, the debtors purchased a new car six days before filing their Chapter 13 petition in bankruptcy. The Trustee alleged bad faith in proposing their plan and that the debtors were not paying their - [The State Corporation Commission](https://wmmlegal.com/the-state-corporation-commission) - If you have questions about a Virginia business, a great first place to start is Virginia's State Corporation Commission (known by its acronym the "SCC"). As a legal nerd, I have always found the department's name a little funny as Virginia is a Commonwealth - but nevertheless, this is the department that handles business registration - [How Much Can I Recover in Personal Injury Suit?](https://wmmlegal.com/how-much-can-i-recover-in-personal-injury-suit) - After suffering an injury by another person’s fault, the victim begins to realize the cost that this injury has placed on him or her. Missed work and medical bills pile up and the victim wants to know: how much can I recover in a law suit against the person who did this to me? The - [DNA Evidence and Virginia Criminal Law - The Truth Behind the Myth](https://wmmlegal.com/dna-evidence-and-virginia-criminal-law-the-truth-behind-the-myth) - Over the past twenty years, DNA evidence has become inextricably linked to crime scene investigation and criminal justice. Almost every crime television show has every crime solved by a quick DNA comparison within minutes. You may have heard of the recent high profile case going on in Fairfax County that was entirely built on DNA evidence. - [Virginia Ups Minimum Age to Tie the Knot](https://wmmlegal.com/virginia-ups-minimum-age-to-tie-the-knot) - A new law took effect in Virginia on July 1st, 2016 which requires that both parties must be at least 18 years of age in order to get married. It does allow individuals who are 16 and 17 years of age to petition the juvenile and domestic relations court for emancipation based on the desire - [What is the Safe Overdose affirmative defense?](https://wmmlegal.com/what-is-the-safe-overdose-affirmative-defense) - Fear of the police or the possibility of facing criminal charges are two factors which may hinder individuals from calling for help in the case of a drug overdose. In an attempt to combat this hindrance, the Virginia General Assembly passed a “Safe Reporting of Overdoses” bill in 2015. This bill states that individuals who - [What are Grandparent's rights in custody and visitation cases?](https://wmmlegal.com/what-are-grandparents-rights-in-custody-and-visitation-cases) - When parents of a child decide to split up, grandparents can often be unsure of their role in the future with regards seeing their grandchildren. When parents of a child are in crisis themselves and unable to parent, grandparents may often be the next line of care for their grandchildren. Grandparents in Virginia need to - [Chamber RVA to Host Chris Winslow](https://wmmlegal.com/chamber-rva-to-host-chris-winslow) - As Part of its Politics 101 Series, Chamber RVA will host Chris Winslow and Tom Shields. "Tom Shields, director at the Center for Leadership in Education and an assistant professor at the Jepson School of Leadership Studies at the University of Richmond and Chris Winslow, elected to the Chesterfield County Board of Supervisors in 2015, - [Q: If I am rear-ended, how do I find out the insurance policy limits of the driver who hit me?](https://wmmlegal.com/q-if-i-am-rear-ended-how-do-i-find-out-the-insurance-policy-limits-of-the-driver-who-hit-me) - If I am rear-ended, how do I find out the insurance policy limits of the driver who hit me? Well, there is good news. In 2015 and 2016, the Virginia General Assembly passed a law §8.01-417 and subsequent amendments to it that are quite useful. The code reads in part: C. After he gives written notice that - [SCOTUS strikes down use of Warrantless Blood Tests in DUI](https://wmmlegal.com/scotus-strikes-down-use-of-warrantless-blood-tests-in-dui) - Many states, including Virginia, have laws that require drivers to submit to a breath or blood test if they are arresting of suspected DUI or DWI. These laws are known as the implied consent law, since operation of a motor vehicle is a privilege, and therefore conditions can be placed on that privileged. In Virginia, - [Virginia and the First Offender Program for Possession of a Controlled Substance](https://wmmlegal.com/virginia-and-the-first-offender-program-for-possession-of-a-controlled-substance) - In Virginia, a first offender program is available for those charged with drug possession, regardless of the type of drug. Va Code § 18.2-251 outlines the criteria by which first offenders may be placed on probation to have the charge dismissed. The program is most often utilized for possession of marijuana charges. However, the statute - [Is a bad check written shortly before bankruptcy filing excepted from discharge?](https://wmmlegal.com/is-a-bad-check-written-shortly-before-bankruptcy-filing-excepted-from-discharge) - Is a bad check written shortly before bankruptcy filing excepted from discharge under 11 USCS §523(a)2(A)? To establish an exception for fraud or misrepresentation under 11 USCS § 523(a)(2) the debtor must obtain some property or money from the plaintiff in a way meeting these five elements: (1) The debtor made misrepresentations that (2) the debtor knew - [Steve Mutnick named to Chesterfield-Colonial Heights Community Criminal Justice Board](https://wmmlegal.com/steve-mutnick-named-to-chesterfield-colonial-heights-community-criminal-justice-board) - At its June 22, 2016 regular meeting, the Chesterfield County Board of Supervisors appointed Steve Mutnick to the Chesterfield-Colonial Heights Community Criminal Justice Board. The Board works to assist community agencies in establishing, evaluating, monitoring, and modifying programs and services for local responsible offenders on the basis of an objective assessment of the community’s needs - [I'm a business owner, what happens to my business if something happens to me?](https://wmmlegal.com/im-a-business-owner-what-happens-to-my-business-if-something-happens-to-me) - The worse case scenario has occurred. Your business partner that you have worked with for thirty years passes away. What happens now? Who owns their share of the business you built together? Who gets to make decisions? How much is their share worth? At a time of grief, the last thing that you want to - [When is passing a school bus illegal in Virginia?](https://wmmlegal.com/when-is-passing-a-school-bus-illegal-in-virginia) - It comes as a surprise to a lot of Virginia drivers that it is against the law to pass any school bus which is stopped on a highway, private road, or school driveway and is loading or unloading children, the elderly, or mentally or physically handicapped persons. The law states that you must remain at - [Partner Sarah McCurry awarded AV Preeminent™ Rating by Martindale-Hubbell®](https://wmmlegal.com/partner-sarah-mccurry-awarded-av-preeminent-rating-by-martindale-hubbell) - Martindale-Hubbell® Peer Review Ratings™ are known in the legal industry as the gold standard in attorney ratings. It is with great pride that we announce that Partner Sarah McCurry has been awarded the highest level of review – AV Preeminent™. Please join us in congratulating Sarah for this great accomplishment! - [What factors do courts consider when determining the amount of attorney’s fees to award in a divorce proceeding?](https://wmmlegal.com/what-factors-do-courts-consider-when-determining-the-amount-of-attorneys-fees-to-award-in-a-divorce-proceeding) - The amount of attorney’s fees awarded in a divorce proceeding is within the discretion of the court. Va. Code 20-99(6) (2016). There are no specific requirements for determining an amount for the award, but in general courts must be reasonable under the circumstances. O’Donnell v. O’Donnell, 59 Va. Cir. 1, 3 (Jan. 8, 2002) (“Although - [What is a fictitious name? Why do I need it?](https://wmmlegal.com/what-is-a-fictitious-name-why-do-i-need-it) - It is very common for a business is operate under a name other than the name of the actual business itself. For example, while our firm's business entity name is Winslow & McCurry, PLLC - we run our business as both Winslow & McCurry and as WMM Legal. So that consumers and the proper authorities are aware - [Winslow & McCurry recognized by Expertise as a 2016 top divorce law firm in Richmond, Virginia](https://wmmlegal.com/winslow-mccurry-recognized-by-expertise-as-a-2016-top-divorce-law-firm-in-richmond-virginia) - Winslow & McCurry, PLLC is proud to announce that it has been included in Expertise.com's 2016 "21 Best Divorce Lawyers in Richmond". The staff of Expertise.com reviewed 208 firms in the Richmond area and after considering 1) reputation, 2) credibility, 3) experience, 4) availability, 5) professionalism, and 6) engagement included Winslow & McCurry, PLLC as a - [Chesterfield and local area DUI and DWI charges on the rise.](https://wmmlegal.com/chesterfield-and-local-area-dui-and-dwi-charges-on-the-rise) - It was recently reported that Chesterfield County made over 100 DUI arrests in April of 2016. This is an increase in arrests in comparison to the same time period last year. One reason may be that the police have set up sobriety checkpoints in Midlothian, Chesterfield and Henrico. As police make more arrests, more people face - [Discovery in Chapter 13 Bankruptcy Litigation](https://wmmlegal.com/discovery-in-chapter-13-bankruptcy-litigation) - You filed your Chapter 13 bankruptcy petition with the Court. All seems to be proceeding smoothly, but just before the deadline passes for creditors to file a complaint, an adversary proceeding is filed charging your client with fraud under 11 USC 523 (a)(2)(A). Bankruptcy rules set forth the time to answer the complaint under Rule - [Partition or not to partition in Virginia, that is the question.](https://wmmlegal.com/partition-or-not-to-partition-in-virginia-that-is-the-question) - Sometimes individuals end up owning a piece of real property with other people that they don’t wish to share property interests with anymore. If joint property owners cannot find a way to co-exist and share the property, often the best option in Virginia is a partition suit. The most common situation when this occurs is - [Chesterfield’s New Safe Zone for Visitation Exchanges](https://wmmlegal.com/chesterfields-new-safe-zone-for-visitation-exchanges) - When parents are embroiled in contested custody and visitation litigation, the location of pick ups and drop offs for visitation with the minor children can often become a major source of conflict for the parents. From a legal standpoint, it’s important to consider the ramifications of where visitation exchanges are taking place. Custody fights often - [Partners Sarah McCurry and Christopher Winslow once again named 2016 Super Lawyers](https://wmmlegal.com/partners-sarah-mccurry-and-christopher-winslow-once-again-named-2016-super-lawyers) - WMMLegal is proud to announce that its partners Sarah McCurry and Christopher Winslow have both once again been named by Super Lawyers as 2016 Rising Stars. Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition - [How to Plead in Virginia Criminal Law Cases](https://wmmlegal.com/how-to-plead-in-virginia-criminal-law-cases) - When facing a criminal charge, the first thing that a defendant is asked is how they plead to the charges. This is typically done at the opening of the trial on the charges. A defendant can plead not guilty, guilty, and nolo contendere, or no contest. Each of these pleas mean something different and each - [Drug Trafficking Crimes in Virginia - What you need to know.](https://wmmlegal.com/drug-trafficking-crimes-in-virginia-what-you-need-to-know) - As the laws against the use and possession of certain drugs, like marijuana become more relaxed, police and politicians in the Commonwealth continue to attack the trafficking of drugs. Whether it is the importation of drugs into the Commonwealth in very large quantities, or the sale of a small quantities of drugs to a single - [Virginia Tenant Rights in the Event of Foreclosure](https://wmmlegal.com/virginia-tenant-rights-in-the-event-of-foreclosure) - As the law currently stands, Virginia offers little protection to tenants whose homes are foreclosed upon. The only state statute that addresses the issue is VA Code §55-225.10 from the Virginia Residential Landlord Tenant Act. 55-225.10. Notice to tenant in event of foreclosure. http://law.lis.virginia.gov/vacode/title55/chapter13/section55-225.10/ The statute deals primarily with the notice that landlords are - [Home owned by Living Trust Exempted in a Chapter 13](https://wmmlegal.com/home-owned-by-living-trust-exempted-in-a-chapter-13) - A US district court in Illinois held Jan. 13, 2016 that a Chapter 13 debtor is entitled to an exemption for her beneficial interest in a home owned by her non-debtor husband's living trust. Judge Bucklo of the U.S. District Court for the Northern District of Illinois affirmed the judgment of the bankruptcy court, concluding that - [Virginia DUI : What is Operation?](https://wmmlegal.com/virginia-dui-what-is-operation) - In July of 2015, a Virginia court tackled the interesting issue of what constitutes “operating a vehicle” for the purposes of the DUI/DWI statute in a car that started with a key fob and not a traditional key. The Fairfax County Circuit Court, in the case of Commonwealth v. Hansell Lopez, ruled that a person - [What's that Smell? Drug Dogs and the 4th Amendment](https://wmmlegal.com/whats-that-smell-drug-dogs-and-the-4th-amendment) - The 2005 Supreme Court case of Illinois v. Caballes established the framework for current dog sniff search and seizure laws. In this decision, the Supreme Court ruled that police do not need reasonable suspicion to use drug dogs to sniff a vehicle during a legitimate traffic stop. Justice Stevens wrote the Opinion of the Court, - [Emotional Distress in Virginia: No 'Easy Money'](https://wmmlegal.com/emotional-distress-in-virginia-no-easy-money) - When an individual suffers emotional trauma from the acts of another, it is normal for him to explore the possibility of recovering monetary damages through hiring a lawyer. However, Virginia is an especially difficult jurisdiction for recovering for purely psychological damage. While some states allow for recovery for negligent infliction of emotional distress, Virginia will - [Reviewing Gun Crimes in Virginia](https://wmmlegal.com/reviewing-gun-crimes-in-virginia) - Virginia is commonly known as a firearm friendly state, but there are still many laws that govern possession and use of a firearm arm. Most of the laws proscribe who can and cannot possess a firearm and where firearms can be possessed. Virginia is an “open carry” state, which means that any person, except felons - [BOA v. Caulkett Limits Relief for Homeowners in Chapter 7](https://wmmlegal.com/boa-v-caulkett-limits-relief-for-homeowners-in-chapter-7) - A Debtor filing a Chapter 7 bankruptcy is afforded protection from losing his or her home when that debtor a) indicates they want to keep their home and keep making payments on the mortgage and b) the amount owed on the home is worth more than the value of the real estate (or is within - [Jurisdiction Juggling: Where to file for Custody?](https://wmmlegal.com/jurisdiction-juggling-where-to-file-for-custody) - In today’s global world, it’s not uncommon for separated or divorced parents to live in different states or even countries from one another. With such large geographic distances becoming the new normal, it becomes more difficult to know which courts or even which state a parent should file custody paperwork in. If you live in - [How and When to File a Tenant’s Assertion](https://wmmlegal.com/how-to-file-tenants-complaint) - How to file a Tenant’s Assertion. If you rent your home or apartment, you should know your rights under VA code provision § 55-248.27. - [Virginia Alternative Sentencing Options](https://wmmlegal.com/alternative-sentencing-options-va) - Virginia does offer Alternative Sentencing Options to those facing a charge that could carry incarceration. Get help from Winslow & McCurry criminal lawyers. - [Equity vs. Equality: Make Sure you Know the Difference!](https://wmmlegal.com/divorce-law-equity-vs-equality) - Equity vs. Equality in the context of divorce law. Contact Winslow & McCurry at 804.423.1382 for a divorce attorney or help with property distribution. - [2015 Bankruptcy Study: BAPCA a Mixed Report Card for Consumers](https://wmmlegal.com/2015-bankruptcy-study-bapca-a-mixed-report-card-for-consumers) - BAPCA, the "Bankruptcy Abuse Prevention and Consumer Protection Act" was proposed by Wall Street lobbyists, passed by Congress and signed into law on April 20, 2005. According to a new study by the Federal Reserve and Columbia University economists, the data from post-BAPCA bankruptcy filings indicates that creditors are in a better position and consumers - [New Marijuana Laws in D.C.](https://wmmlegal.com/dc-marijuana-laws) - As of Feb. 26, 2015 there are new marijuana laws in D.C. For questions about VA's possession or distribution laws contact Winslow & McCurry. - [Guardianship, Conservatorship & An Aging Population](https://wmmlegal.com/guardianship-conservatorship-aging-population) - Learn the definition of Guardianship and Conservatorship and steps required to become one under Virginia Law. For help, contact the lawyers of Winslow & McCurry. - [Just say no to texting and driving.](https://wmmlegal.com/just-say-no-to-texting-and-driving) - As with every year, July 1 brings about all the new laws passed during the preceding General Assembly Legislative Session. This year there are a few traffic laws that everyone needs to be aware of. The most important change deals with distracted driving and texting while driving. The General Assembly has changed the texting while - [Best Interests of The Child: A 10 Factor Journey Through Custody & Visitation Litigation](https://wmmlegal.com/journey-through-custody-litigation) - Learn about the factors considered during a child custody/visitation fight in the state of Virginia. Contact the Lawyers at Winslow & McCurry for legal help. - [Best Interests of The Child: Age, Physical & Mental Condition of Each Parent (Factor 2)](https://wmmlegal.com/age-physical-mental-condition-of-parent-in-child-custody) - When parents consider litigating custody and visitation, they often have volumes of information on the “other parent’s” physical and mental condition. Accordingly, this factor is one of ten a judge must consider and is one which often gets a lot of attention during a contested trial. The factor is broad- physical and mental conditions encompass - [Best Interests of A Child: Relationship Between Parent and Child (Factor 3)](https://wmmlegal.com/relationship-between-parent-and-child) - For the third installment in our series on ten factors that make up the best interests of the child standard in determining custody and visitation, we look at the following factor enumerated in Virginia Code § 20-124.3 : The relationship existing between each parent and each child, giving due consideration to the positive involvement with - [Best Interests of The Child: Age, Physical and Mental Condition (Factor 1)](https://wmmlegal.com/childs-age-physical-and-mental-condition) - Learn how a child's age, physical and mental condition play a role in child custody fights. Contact Winslow & McCurry for help with your legal issue. - [A Real Life Example of The Importance of Legal Custody](https://wmmlegal.com/importance-of-legal-custody) - Thaiya Spruill-Smith is a reminder of the difference between legal custody and physical custody of a child. Need to speak with a custody attorney? Contact Winslow & McCurry. - [The Difference Between Petty Larceny & Grand Larceny in VA](https://wmmlegal.com/petty-larceny-versus-grand-larceny) - If you have questions about a petty larceny or grand larceny charge, contact the lawyers at Winslow & McCurry at 804.423.1382. - [Chapter 13 Bankruptcy: Can I File a New Plan?](https://wmmlegal.com/chapter-13-bankruptcy-new-plan) - Let the lawyers at Winslow & McCurry help you determine if bankruptcy is an option or if you may qualify for an amended Chapter 13 plan. - [Don’t Get Caught Driving Under The Influence of Drugs (illegal OR prescription)](https://wmmlegal.com/dui-drugs-blood-tests) - Driving under the influence of alcohol is one of the most well publicized crimes in the Commonwealth of Virginia and around the country. However, DUIs or DWIs with alcohol are only part of the story when it comes to driving while intoxicated. The Code of Virginia prohibits not only driving under the influence of alcohol - [Post-Conviction Remedies (Your Appeal Rights in Virginia)](https://wmmlegal.com/virginia-appeal-rights) - Learn about 3 post-conviction remedies for Virginia criminal defendants. Contact the criminal lawyers at Winslow & McCurry for legal questions. - [Riding in Cars with Booze](https://wmmlegal.com/understanding-virginia-open-container-law) - An overview of Virginia open container laws at the Federal, State & City/County level. Contact Winslow & McCurry for help with your alcohol related legal need. - [Confidentiality Agreements – Protect what it is yours.](https://wmmlegal.com/confidentiality-agreements-protect-what-it-is-yours) - You spend years working on an idea, you give your blood, sweat and tears to creating and growing your business – you have a truly innovative product or service – and you hire employees to work for you and you procure business partners to help you grow… and soon a lot of people have knowledge - [Expungements, Restoration of Rights, and Pardons: Common Misconceptions ](https://wmmlegal.com/expungements-restoration-of-rights-and-pardons-common-misconceptions) - Expungements: Expungement is a very misunderstood term in Virginia. The Commonwealth does not allow convicted persons to “expunge” their records. The only way someone can get a charge expunged off their record is if they were never found guilty of the charge in the first place. The charge must have not been prosecuted (“nolle prosequi”) - [WMM Legal Welcomes Stephen A. Mutnick, Esq.](https://wmmlegal.com/wmm-legal-welcomes-stephen-a-mutnick-esq) - Winslow & McCurry, PLLC is pleased to welcome aboard Stephen A. Mutnick, Esq., formerly of the Henrico County Commonwealth's Attorney office. Steve brings an enormous amount of knowledge and experience with him. As an Assistant Commonwealth’s Attorney, Steve prosecuted every type of case, with a focus on DUI and DUI-Drug cases. His practice areas will - [Business Entity Formation: Virginia building blocks](https://wmmlegal.com/business-entity-formation-virginia-building-blocks) - You have come up with an idea for a business, you have started drafting your business plan and you are ready to incorporate as a business entity. How do you do that? In Virginia, business registration is controlled by the State Corporation Commission. (https://www.scc.virginia.gov/), the “SCC”. The SCC is the government agency where formation documents - [Small Business Post Review: Contracts](https://wmmlegal.com/small-business-post-review-contracts) - Over the past few years we have been posting on several small business related topics. Some of the most popular posts have focused on contracts and contract related issues. Clients come in the door looking for assurances that it will be paid, that its liability is restricted and that its secrets are protected. But what is - [Small Business Incorporation: Yes, incorporate.](https://wmmlegal.com/small-business-incorporation-yes-incorporate) - There are numerous ways that you can choose to organize a business. One option is to operate without a business entity - You can act as a Sole Proprietor and choose to do business as yourself. Under this situation you may not need to register as a company with your state and you traditionally - [Free Breakfast to Midlothian Rotary Applicants](https://wmmlegal.com/free-breakfast-to-midlothian-rotary-applicants) - CHESTERFIELD, VA--Chris Winslow, Partner of Winslow & McCurry, PLLC and incoming 2014-2015 President of the Midlothian Rotary Club announced today that he will purchase breakfast for one guest per week to foster interest in club membership. "If you live in Chesterfield and you are interested in learning more about the Midlothian Rotary Club and the many - [What to Expect from a DUI charge](https://wmmlegal.com/what-to-expect-from-a-dui-charge) - Driving under the Influence (DUI or DWI) is generally a class one misdemeanor in Virginia, which carries a maximum of 12 months in jail and $2,500 fine. DUI charges are recidivist crimes, which means that punishment and class of punishment goes up when a person gets a second, third or fourth offense. A first offense - [GA Amends Child Support Guidelines](https://wmmlegal.com/ga-amends-child-support-guidelines) - The Virginia General Assembly concluded its annual legislative session a mere month ago but come July 1, 2014, the effects of the legislative session will be felt in full effect across the Commonwealth of Virginia, specifically in the area of child support, where the law has changed for the first time since the late 1980’s. - [Are the contents of your phone protected? The Supreme Court will soon rule.](https://wmmlegal.com/are-the-contents-of-your-phone-protected-the-supreme-court-will-soon-rule) - The United States Supreme Court heard oral argument for two very important set of cases on April 29, 2014 - Riley v. California and United States v. Wurie. These cases will have a very large impact on your everyday life – and you probably haven’t even heard about them. Oral argument focused on the police’s - [Fannie/Freddie Conservatorship Underscores Bankruptcy Benefits](https://wmmlegal.com/fanniefreddie-conservatorship-underscores-bankruptcy-benefits) - Recent discovery of the Treasury Department’s looting of private shareholders’ dividends from Fannie Mae and Freddie Mac has triggered a flurry of attention on the two Government-Sponsored Enterprises (GSEs). They have now repaid the taxpayers, five years receiving a $187.5 billion bailout. In theory, this is a positive development. However, shareholders that invested before, during - [Slip and Fall Lawsuits in Virginia](https://wmmlegal.com/slip-and-fall-lawsuits-in-virginia) - With all the snow and ice in the Richmond area in the last couple weeks, there have probably been plenty of dangerous slips and hazardous falls. Richmond residents should be aware that Sec. 25-23 of the Code of The City of Richmond requires that snow must be removed within six (6) hours after the snow ceases - [Diamonds are a Divorce's Best Friend](https://wmmlegal.com/diamonds-are-a-divorces-best-friend) - During a divorce, husbands and wives are often tasked with dividing personal property such as furniture, dishes, clothing, and often jewelry. If parties can’t agree, a judge will divide the personal property as part of the final equitable distribution proceeding. Quite often, husbands will desire the return of the diamond wedding rings they presented to - [State v. Federal Law - Colorado's Growing Pains with its New Marijuana Laws.](https://wmmlegal.com/state-v-federal-law-colorados-growing-pains-with-its-new-marijuana-laws) - As of January 1, 2014, marijuana use and possession has been legalized, in some form, in 26 of the 50 states. While Virginia has no such law on the books, Colorado has taken the most progressive stance so far by legalizing recreational cannabis sales at the start of the New Year. As with any law - [In re: Riggs Offers Guidance for Borderline Chapter 7 Bankruptcy Cases](https://wmmlegal.com/in-re-riggs-offers-guidance-for-borderline-chapter-7-bankruptcy-cases) - In In re: Riggs, the U.S. Bankruptcy Court for the Western District of Virginia ordered that Social Security disability payments counted toward a debtor's income which placed the debtors squarely in the category of abusing the intent and purposes of a Chapter 7 bankruptcy under the 707(b)3 totality of the circumstances test. In this case, - [What is a Guardian ad Litem?](https://wmmlegal.com/what-is-a-guardian-ad-litem) - Often when parents of children file paperwork with the court system for custody and visitation of their minor children, one of the first pieces of paperwork they receive in return is a Notice of Appointment of a guardian ad litem, or GAL. Their next question is almost always “What is a guardian ad litem?” A - [Right to Counsel](https://wmmlegal.com/right-to-counsel) - In the 1963 case of Gideon v. Wainwright, 372 U.S. 335 (1963), the United States Supreme Court changed the complexion of our criminal justice system. The Court ruled that every criminal defendant facing a deprivation of their liberty, i.e. a jail sentence, was entitled to competent representation by an attorney. This ruling made it incumbent - [A Brief Evolution of Protective Orders in Virginia](https://wmmlegal.com/a-brief-evolution-of-protective-orders-in-virginia) - On July 1, 2011 the Virginia legislature put into effect sweeping changes that expanded the scope of protective orders in Virginia. The new law now covers any violent, forceful or threatening behavior that results in injury or places one at reasonable risk of death, sexual assault or injury. The protective order process has expanded to - [How Does a Magistrate Determine if an Arrest Warrant can be issued?](https://wmmlegal.com/how-does-a-magistrate-determine-if-an-arrest-warrant-can-be-issued) - One of a Virginia magistrate’s most important functions is that of a judicial officer in conducting a hearing to determine whether an arrest warrant can be issued. The issue before the magistrate is whether probable cause exists to issue process of arrest. Probable cause is found using a "totality of the circumstances" test to analyze - [Why a will?](https://wmmlegal.com/why-a-will) - As you well know by now, our own Sarah McCurry is a blogger for the Every Girls Dream blog based in Richmond, Virginia. This month she tackles the important topic of why everyone should have a will. Please take the time to read the article - here is the link : http://edrsbick.wordpress.com/ If you or - [“Petimony”- Don’t Forget Pets & Divorce!](https://wmmlegal.com/petimony-dont-forget-pets-divorce) - There are currently over 164 million pets in the United States. With the divorce rate currently around 40%, it’s safe to say that many people who divorce not only need to divide up their assets and debts, but also need to determine what to do with Spot and Fluffy after a divorce. In Virginia, pets - [Driver’s License Points on Out of State Tickets](https://wmmlegal.com/drivers-license-points-on-out-of-state-tickets) - If you have a driver’s license in one state, but travel to other states, that license continues to be in effect when you are in the other the state. The reason for that is the Driver’s License Compact, which the states have signed onto to facilitate driving from location to location. One of the - [Can Child & Spousal Support Be Taken Out of Your Retirement?](https://wmmlegal.com/can-child-spousal-support-be-taken-out-of-your-retirement) - Monthly child and/or spousal support payments are a way of life for many individuals across Virginia. In Virginia, courts can order parents to pay child support for their children, and spousal support for their ex-spouses. Sometimes parties agree to the amount of child or spousal support due as part of a pending divorce and separation. - [How to handle a Traffic Stop.](https://wmmlegal.com/how-to-handle-a-traffic-stop) - It’s happened to everyone. You are comfortably driving down the road when all of the sudden you see the blue lights behind you. You think for a second they couldn't be looking for you, but they reality sets in and you begin to pull over. How you handle yourself in this situation will go a - [WMM Legal Welcomes Brandon Nexsen](https://wmmlegal.com/wmm-legal-welcomes-brandon-nexsen) - Winslow & McCurry, PLLC (dba WMM Legal) is pleased to announce the hiring of Brandon Nexsen. Born and raised in Norfolk, Virginia, Brandon attended Wake Forest University and graduated with a Bachelor of Arts in History. While at Wake Forest he was a member of the Sigma Alpha Epsilon fraternity and the Phi Alpha Theta history - [Is Mediation Right for You?](https://wmmlegal.com/is-mediation-right-for-you) - Divorce does not always have to be a “four letter” word. Sometimes couples acknowledge the end of their marriage amicably and wish to be divorced as easily and cost consciously as possible. These couples will invariably ask “can we mediate?” The answer depends. For couples who have little if any assets; have roughly equal salaries; - [Mounting Case Law on the Dangers of Social Media and Your Court Case](https://wmmlegal.com/mounting-case-law-on-the-dangers-of-social-media-and-your-court-case) - It should shock no one that facebook, twitter and other forms of social media have become a hub for individuals to blow off steam. While a therapist may recommend the release - as an attorney attempting to protect her client - one of the first things I tell my clients is to keep their fingers - [Packing For Divorce: How to Prepare for a Smoother Journey](https://wmmlegal.com/packing-for-divorce-how-to-prepare-for-a-smoother-journey) - Oftentimes one of the hardest decisions a person can make in their life is whether or not to leave their marriage and seek a divorce. Even when a spouse has no difficulty in deciding to leave, every person who makes the choice to seek a divorce is invariably left asking what now? Many people will - [Civility in the Midst of Divorce](https://wmmlegal.com/civility-in-the-midst-of-divorce) - A pending divorce brings out the most colorful rainbow of emotions and behaviors in a husband and wife. Even when a divorce is fairly amicable, it’s hard for spouses to keep feelings of bitterness, anger, fear, and betrayal under wraps. Family law attorneys often advise their clients to maintain a calm demeanor when interacting with - [What is the 'Automobile Exception' to the Warrant Requirement?](https://wmmlegal.com/what-is-the-automobile-exception-to-the-warrant-requirement) - All warrantless searches are unconstitutional under the 4th Amendment unless they fit into one of a handful of recognized exceptions to the warrant requirement. One of those exceptions is the infamous 'Automobile Exception.' In any case in which the police have probable cause to believe that a vehicle contains fruits, instrumentalities, or evidence of a crime, - [Parents, Children, Time Away and the Importance of a Limited Power of Attorney](https://wmmlegal.com/parents-children-time-away-and-the-importance-of-a-limited-power-of-attorney) - Summer time often brings time with family – and for those with children, time away with one’s spouse while grandma and grandpa enjoy time with the grandkids. In cases where parents leave their children with other family or friends, I always recommend the drafting of a limited power of attorney for care and custody of - [Divorce or Custody Fight Looming? Time to Clean Your Digital Footprint](https://wmmlegal.com/divorce-or-custody-fight-looming-time-to-clean-your-digital-footprint) - If you are in the midst of initiating divorce proceedings or were recently served with papers for a custody fight, odds are there are a million and one different things you are trying to think of and take care of in anticipation an ensuing legal battle. Common questions such as “how will I pay my - [Partner Sarah McCurry speaking on Virginia LLC's August 8th](https://wmmlegal.com/partner-sarah-mccurry-speaking-on-virginia-llcs-august-8th) - WMMLegal is proud to announce that partner Sarah McCurry will be speaking at NBI's August 8th seminar entitled "LLCs: Formation to Special Uses" regarding recent trends in LLCs. For more information, please click: http://www.nbi-sems.com/Details.aspx/LLCs-From-Formation-to-Special-Uses/Live-Seminar/R-62855ER%7C?NavigationDataSource1=Rpp:20,Nra:pEventDate%2bpEventStartTime%2bCredit+Hours%2bpCreditRecordCreditHours%2bCredit_C2%2bpStandardPrice%2bSeminar+Location%2bScope+of+Content%2bpLocationCity%2bpDescription%2bpDivision%2bpProductId%2bpProductDescription%2bProductCode+(HIDDEN)%2bpAdditionalFormats%2bpEventId%2bpAltSpaceDesc%2bpEventIndicator,N:63943-56 If you have questions regarding Virginia LLC's please contact Winslow & McCurry at 804.423.1382 to set up an appointment. - [Child Support: One Example of the Importance of Returning to Court](https://wmmlegal.com/child-support-one-example-of-the-importance-of-returning-to-court) - If you or a loved one has been ordered to pay child support, it is imperative to fully understand how the law can affect you many years after the original court order. If you are ordered to pay child support as part of a pending divorce, the language of support often states you must pay - [Virginia gets an "A" for Small Business](https://wmmlegal.com/virginia-gets-an-a-for-small-business) - Virginia prides itself for its "friendliness" to its small businesses. For the second year in a row, Virginia has been given an "A" for the ease from which small businesses can transact business within its borders. Check out a great article on how Virginia earned this grade from Work it Richmond in the link - [Is an Annulment Right for You?](https://wmmlegal.com/is-an-annulment-right-for-you) - Too often, a couple becomes engaged and spends so much time planning the wedding, they forget a marriage follows once the last piece of wedding cake is eaten and the last gift unwrapped. After just a few months, or even weeks of married life, a couple may realize they don’t really know their spouse and - [In Virginia, what are the penalties for 1st offense possession of marijuana?](https://wmmlegal.com/in-virginia-what-are-the-penalties-for-1st-offense-possession-of-marijuana) - The controlling Code Section is 18.2-250.1. Under the statute, "any person who violates this section shall be guilty of a misdemeanor, and be confined in jail not more than thirty days and a fine of not more than $500, either or both; any person, upon a second or subsequent conviction of a violation of this - [2013 General Assembly Yields 2 Key Family Law Changes](https://wmmlegal.com/general-assembly-yields-2-key-family-law-changes) - As citizens of the Commonwealth may be aware the Virginia General Assembly's 2013 Session has come to a close. Legislators have been busy drafting new laws which will affect thousands of people throughout the state. Family lawyers and their clients need to be aware of two news bills which have passed both the Senate and the - [Understanding and Maneuvering the Roles of the GAL](https://wmmlegal.com/understanding-and-maneuvering-the-roles-of-the-gal) - Chris Winslow and Erika MacCormac traveled to the University of Richmond's downtown campus and the Jeannette Lipman Family Law Clinic last Thursday to present 'Understanding and Maneuvering the Roles of the GAL." Guardian ad litems serve many and sometimes conflicting functions in the course of their appointment -- from investigating, fact-finding, and reporting to testifying, arguing and - [Supreme Court: Defendant has Burden to Prove Withdrawal](https://wmmlegal.com/supreme-court-defendant-has-burden-to-prove-withdrawal) - In the recent case of Smith v. United States, the Supreme Court ruled unanimously that a Defendant charged with criminal conspiracy carries the burden to prove withdrawal from the conspiracy. Courts in the First, Third, Fourth, Seventh and Ninth Circuits have held that the Due Process Clause requires the government to go an extra step and prove the - [Workplace laws may be expanding](https://wmmlegal.com/workplace-laws-may-be-expanding) - Interesting article from Work It Richmond on possible additional work place laws coming down the wire. http://workitrichmond.com/2013/01/13/employer-law/ - [Advertising and Changes to Google AdWords](https://wmmlegal.com/advertising-and-changes-to-google-adwords) - Advertising is often a challenge for small businesses. One central source of business revenue is often the internet, and therefore Google. The FTC has recently ruled on the many questions surrounding Google advertising and Google AdWords. Inc.com has written a comprehensive and interesting article on the subject. http://www.inc.com/erik-sherman/google-antitrust-decision-what-does-it-mean-for-your-business.html Hopefully the newer software mentioned in the article - [Virginia's $10,000.00 Exemption](https://wmmlegal.com/virginias-10000-00-exemption) - Did you know that the Code of Virginia contains a special exemption for Virginians who are 65 years and older? Every householder is entitled to hold exempt "from creditor process arising out of debt, real and personal property, or either, to be selected by the householder, including money and debts due the householder not exceeding - [A clear termination clause](https://wmmlegal.com/contrac-termination-clause) - All good things must come to an end. So, too, must every contract. In an ideal world, a contract terminates when all parties have done what they promised to do in the contract. In the real world, the exact date of termination is murky when one party doesn't perform its promises, can't perform its promises, - [Entrepreneurs and "The Pitch"](https://wmmlegal.com/entrepreneurs-cash) - We have written before about cash flow often being the antithesis to a small business. Here is an informative article from Work It Richmond regarding three investors perspective on how they like entrepreneurs to "pitch" their concepts. http://workitrichmond.com/2012/09/13/angels-spill-beans-pitches/ If you have legal questions regarding raising funds, please feel free to contact our firm at 804.423.1382 - [Interesting Changes in U.S. Patent Law](https://wmmlegal.com/u-s-patent-law) - Interesting article about upcoming changes to U.S. Patent Law from Work It Richmond this morning. http://workitrichmond.com/2012/09/06/patent-laws-poised-big-shift/ - [Divorce and Pensions in Economic Crisis](https://wmmlegal.com/divorce-in-virginia) - A question that often arises when a person starts contemplating divorce is “What impact will the current economy have on me if I’m divorced?” This is a valid question to ask before initiating divorce proceedings at any time, but especially so during this deep and lingering recession being felt across the nation today. While the - [Common Conundrum - What about the attorney's fees?](https://wmmlegal.com/common-conundrum-what-about-the-attorneys-fees) - In Virginia, if you sue someone for a wrong they have committed against you unless your case falls into a statutory exception or you have an attorney fee provision in your written agreement - you will be responsible for your own attorney fees whether you win or loose. As such, it is important to include - [Delays for Crowdfunding Regulations](https://wmmlegal.com/delays-for-crowdfunding-regulations) - A few months back we wrote about crowdfunding (http://www.wmmlegal.com/crowdfunding-and-capital-a-potential-lifeline-for-small-businesses). While the possiblities seem fruitful, the semantics of working out what is and isn't going to be allowed (offically the "regulations") is taking more and more time. Work It Richmond referenced the continued delays in their article, http://workitrichmond.com/2012/08/23/sec-delays-action-crowd-funding/. Time will tell whether this provision of the - [Child Custody and Visitation Concerns for New School Year](https://wmmlegal.com/child-custody-and-visitation-concerns-for-new-school-year) - As the final days of summer wind down, many families with children are gearing up for another school year. As new activities, sports, and classes are scheduled, it is important to pause give some thought as to maintaining custody and visitation schedules as well. Frequently, parents relax visitation schedules during the summer months as - [What is this "arbitration" term in my contract?](https://wmmlegal.com/what-is-this-arbitration-term-in-my-contract) - In today's internet age, it has become common for business owners to pull a generic contract off of the internet and use it for their business. Invariably, once something goes wrong, the client will come to us to help them settle the dispute. Unfortunately, internet contracts are not individually crafted for the individual client's needs and - [Winslow & McCurry Add Erika R. Encinas](https://wmmlegal.com/winslow-mccurry-add-erika-r-encinas) - Winslow & McCurry, PLLC a Midlothian Village based law firm officially announces the hiring of Erika R. Encinas. Born and raised in Chesterfield County, Erika Encinas attended the Virginia Polytechnic Institute and State University graduating magna cum laude with memberships in Gamma Beta Phi, Pi Sigma Alpha, and the Golden Key Society. She was also a columnist - [Small Business and the new health care laws](https://wmmlegal.com/small-business-and-the-new-health-care-laws) - A common question we have had over the past month has been when should a small business start looking into the Health Care Reform Act and how it will affect their small business. Work It Richmond had a great article on the topic today: http://workitrichmond.com/2012/07/19/health-care-grcc/. If you have any questions for your small business, please - [Failure to Respond by Defendant No Longer a Bar to Divorce](https://wmmlegal.com/failure-to-respond-by-defendant-no-longer-a-bar-to-divorce) - On July 1, a useful new law goes into effect for Divorce plaintiffs. House Bill 104 patroned by Del. Manoli Loupassi and recommended by the Boyd-Graves Conference provides that if a defendant fails to file an answer in a divorce suit or otherwise appear after having been personally served with notice of the suit, no - [Learn about Sarah on Work It, Richmond](https://wmmlegal.com/learn-about-sarah-on-work-it-richmond) - If you have ever wanted to pick Sarah's brain, here is your chance! Sarah is featured today on the Work It, Richmond blog (also, a great resource for local small businesses), located through the link below. http://workitrichmond.com/people/sarah-mccurry/ - [Business Contracts A to Z](https://wmmlegal.com/business-contracts-a-to-z) - We are proud to announce that Sarah will be speaking at a National Business Institute CLE event on September 18th in Richmond, Virginia. Sarah will be focusing her speech on essential legal elements to a contract. If you are interested in attending the conference, please click on the link below. http://www.nbi-sems.com/SemTeleDetails.aspx/Business-Contracts-A-to-Z/Live-Seminar/R-59887ER%7C?NavigationDataSource1=Rpp:25,Nrc:id-3-dynrank-disabled,Nra:pEventDate%2bpEventStartTime%2bStates%2bCredits%2bScope+of+Content%2bpLocationCity%2bpDescription%2bpProductId%2bpProductDescription%2bProductCode+(HIDDEN)%2bpAdditionalFormats%2bDivision,N:303-56 As always, if you - [Advice for Entrepreneurs](https://wmmlegal.com/advice-for-entrepreneurs) - A common question faced in the business world is whether or not entrepreneurs are born or made. Dr. Matthew Rutherford, an associate professor of management at Virginia Commonwealth University, takes a stab at this question while addressing entrepreneurship in our university system in the following Work It, Richmond article from May 31st. http://workitrichmond.com/people/matthew-rutherford/ If you are - [Commonwealth Establishes Substance Abuse Recovery Support Services Grant Program](https://wmmlegal.com/commonwealth-establishes-substance-abuse-recovery-support-services-grant-program) - In 2012, the General Assembly established the Substance Abuse Recovery Support Services Grant Program Fund on the books of the Commonwealth treasury. This will be a valuable resource to those struggling with addiction and substance abuse by providing increased funding to available programs. The funds will benefit community based, peer to peer substance abuse service - [“Crowdfunding” and Capital – A potential lifeline for small businesses](https://wmmlegal.com/crowdfunding-and-capital-a-potential-lifeline-for-small-businesses) - Cash flow – it is the eternal nemesis of many a startup. In a recent attempt to help interject captial into small businesses, Congress passed the Jumpstart Our Business Startups (JOBS) Act into law. Part of the law’s purpose is to loosen investor disclosure laws so as to make funding more accessible for startups. - [Judges Must Now Communicate the Basis for their Custody Decisions](https://wmmlegal.com/judges-must-now-communicate-their-basis-for-their-custody-decisions) - Among the many other laws going into effect July 1 is an important one regarding child custody decisions. Virginia Gov. Bob McDonnell signed legislation that compels judges to describe the basis for their decisions regarding relevant factors they used to determine the best interests of the child in child custody cases. This does not apply - [Local Resources for Small Businesses](https://wmmlegal.com/local-resources-for-small-businesses) - Opening and operating a small business is not a task taken on lightly. Along with the help of a licensed attorney, area small businesses should remember to check out free events in the community. For example, the Chesterfield Library System offers monthly free seminars to help area small businesses. April's event was on pricing and - [Modification of Spousal Support & Forseeability](https://wmmlegal.com/modification-of-spousal-support-forseeability) - In Virginia, a court of equity has an absolute power to grant alimony or spousal support either in a suit for divorce or for a suit for alimony alone. Often, one party may find that the calculation of the initial award of spousal support does not consider subsequent changes in circumstances -- ie. certain expenses and/or additional - [Partnership of Christopher M. Winslow and Sarah L. McCurry](https://wmmlegal.com/partnership-winslow-mccurry) - Chris Winslow, of the Law Offices of Christopher M. Winslow, PC and Sarah McCurry, of the Law Offices of Sarah Ludlow McCurry, PLLC are pleased to announce their partnership and the formation of a new firm, Winslow & McCurry, PLLC. Chris and Sarah will operate in the heart of Midlothian at the Sycamore Square office - [Changes to DUI Law Arrive July 1, 2012](https://wmmlegal.com/dui-law) - The Commonwealth of Virginia has gained a reputation for being tough on repeat DUI offenders. In 2012, the Virginia General Assembly took the lead in enacting tougher consequences on first time DUI offenses. On July 1, the 18.2-266 will provide that a person who is convicted of DUI is required to have an ignition interlock - [Definition of a Legal Contract](https://wmmlegal.com/definition-legal-contract) - What is a contract? In the simplest of terms, the essence of a contract is an agreement between parties. But, to make things more complicated, an agreement alone is not necessarily a contract. In order for a contract to be created parties must not only agree to something, they must also agree to do (or - [Supreme Court Cases](https://wmmlegal.com/supreme-court-cases) - As lawyers, we are often asked questions off the cuff. One of the most asked questions we hear is how the Supreme Court decides what cases they are going to make a ruling. The Supreme Court has both original (first) and appellate (review) jurisdiction (the right to hear a case) for a number for cases ## Pages - [SubV](https://wmmlegal.com/subv) - [Contact Us](https://wmmlegal.com/contact-us) - Winslow, McCurry & MacCormac, PLLC 1324 Sycamore Square 202C Midlothian, VA 23113 Phone: (804) 423-1382 Facsimile: (804) 423-1383 Office Hours: 8:30 A.M. to 5:00 P.M. Monday through Thursday 8:30 A.M. to 3:00 P.M. Friday Map & Directions View Larger Map PLEASE READ: While we look forward to hearing from you, we ask that you - [Frequently Asked Questions](https://wmmlegal.com/faq) - Question: What are your office hours? Answer: General office hours are 8:30 A.M. to 5:00 P.M. Monday through Thursday and 8:30 A.M. to 3:00 P.M on Fridays. However, meetings and consultations may be scheduled outside of these hours by appointment. Please call the office at (804) 423-1382 to schedule your consultation. Question: What type of - [Legal Services](https://wmmlegal.com/legal-services) - Winslow, McCurry & MacCormac (WMMLegal) attorneys and professionals work together to provide the best-fit solutions for clients across a broad range of practice areas. Adoption Alternative Dispute Resolution Appellate Advocacy Bankruptcy Creditor Bankruptcy Debtor Bankruptcy Business Law Services Business Formation Business Litigation Collections Contract Drafting Creditor Bankruptcy Registered Agent Car Accidents Civil Litigation Contract Disputes - [Adrienne Winn](https://wmmlegal.com/adrienne-winn) - Adrienne Winn grew up in Powhatan, Virginia, but now calls Nottoway home. She studied Business Management, Paralegal Studies and Real Estate. She comes to us from another firm that she served for 22 years as Group Practice Manager and Senior Paralegal specializing in Bankruptcy and Divorce. She is also a licensed Realtor since 2005. Adrienne - [Mary Leet](https://wmmlegal.com/mary-leet) - Mary Leet is the Front Desk Coordinator and a Legal Assistant for Winslow, McCurry and MacCormac. Previously, she was a deputy clerk at the Powhatan Combined Court for six years, and one year at the Richmond Juvenile and Domestic Relations Court. Mary is originally from northern New York, attended Middlebury College in Vermont, lived in - [Alexandra Teter](https://wmmlegal.com/alexandra-teter) - Alexandra Teter is from Staunton, Virginia, with a strong foundation in legal support and client advocacy. She earned her Bachelor's degree in Communication Studies with a minor in Criminal Justice from Radford University and her Master's degree in Media Management with a Project Management certificate from Virginia State University. Alexandra has gained hands-on experience assisting - [Commercial Real Estate](https://wmmlegal.com/commercial-real-estate) - commercial real estate closing - [Residential Real Estate](https://wmmlegal.com/residential-real-estate) - residential real estate closing - [Laurel E. Via](https://wmmlegal.com/about-us/laurel-e-via) - Laurel is a southwestern Virginia native. She was born and raised in Glade Spring, Virginia. She left SWVA to attend college at the University of Virginia where she graduated with a Bachelor of Arts with Distinction. During her time at UVA, Laurel majored in psychology and sociology with a minor in leadership studies, and she - [Slider 9](https://wmmlegal.com/slider-9) - [Civil Litigation](https://wmmlegal.com/legal-services/civil-litigation) - Civil litigation usually involves a contractual dispute between two or more individuals or businesses, usually over money or property. If you need to file a Complaint, Warrant in Debt or a Warrant in Detinue because someone has unjustly kept money or property that belongs to you, it is an excellent idea to have experienced representation. - [Wills, Estates & Probate](https://wmmlegal.com/legal-services/wills-estates) - Nobody wants to think about death, but leaving your affairs in order is one of the greatest gifts you can give to your loved ones. We suggest everyone, no matter the size of their current estate, take the time to discuss estate planning with a legal professional. Our lawyers are here to help. Contact our - [Business Law Services](https://wmmlegal.com/legal-services/business-law-services) - Whether you're looking to start a new business or in need of legal representation for an existing business, the lawyers at Winslow & McCurry are ready to help. - [Divorce, Custody & Support Lawyer](https://wmmlegal.com/legal-services/divorce-custody-support) - Call today and speak with a Richmond divorce lawyer to assist you with any family law, child custody or support matter. - [Bankruptcy](https://wmmlegal.com/legal-services/bankruptcy) - Before you take the next step towards bankruptcy, meet with a consumer or business bankruptcy attorney at Midlothian based Winslow & McCurry, PLLC. - [About Us](https://wmmlegal.com/about-us) - Welcome. We seek full justice for every client's legal situation using all available resources within the bounds of the law. An aggressive, thorough, and individually crafted approach is brought to every case. We pride ourselves on providing honest, complete communication. The Winslow, McCurry & MacCormac team is uniquely positioned to support the legal needs - [Kayla Santiago](https://wmmlegal.com/kayla-santiago) - Kayla Santiago joined Winslow, McCurry and MacCormac in December 2023 as a paralegal and currently serves as Head Paralegal. Prior to joining the firm, Kayla worked for two family law firms and a local courthouse for 7 years. In her free time, Kayla enjoys spending time with her son and puppy. - [Indya Abuel-Harris](https://wmmlegal.com/indya-abuel-harris) - Indya joined Winslow, McCurry & MacCormac in October 2023 as a Legal Assistant and has since advanced into her current role as a Paralegal where she focuses on estate planning, probate and business matters. She brings with her a strong foundation in legal support with a background in Business Administration and specializations in Paralegal Studies - [Dillion Mayton](https://wmmlegal.com/dillion-mayton) - Dillion grew up in Southside Virginia and attended Southside Virginia Community College. He graduated SVCC in 2013 with an Associates in General Studies. He currently resides in Southside Virginia. Dillion serves as our firm's Real Estate Paralegal. In his free time, Dillion enjoys spending time with his family and friends, bowling, and traveling to the - [Michelle Anthony Snell, Esq.](https://wmmlegal.com/about-us/michelle-anthony-snell-esq) - Michelle Anthony Snell, Esq. - [Erika E. MacCormac](https://wmmlegal.com/about-us/erika-encinas) - Erika MacCormac is the leader of the firm’s family law team and practices solely in the area of family law, focusing on divorce, child custody and visitation, spousal support, child support, adoption, and prenuptial and postnuptial agreements. Erika understands the myriad emotional, financial, spiritual, and practical implications and challenges presented by divorce and custody matters. - [Brandon S. Nexsen](https://wmmlegal.com/about-us/brandon-s-nexsen) - Brandon was born and raised in Norfolk, Virginia. He attended Wake Forest University and graduated with a Bachelor of Arts in History. While at Wake Forest he was a member of the Sigma Alpha Epsilon fraternity and the Phi Alpha Theta history honors society. Prior to law school, Brandon worked for the Norfolk law firm - [Sarah Ludlow McCurry](https://wmmlegal.com/about-us/sarah-ludlow-mccurry) - Sarah Ludlow McCurry is a resident of Midlothian, Virginia. After studying at Oxford and Hendrix for undergraduate studies, Sarah graduated Cum Laude from Stetson University College of Law in St. Petersburg, Florida. While at Stetson, Sarah focused her studies on civil matters and was a member of honors society Phi Delta Phi. Following law school, Sarah - [Christopher M. Winslow](https://wmmlegal.com/about-us/chris-winslow) - Christopher M. Winslow, Lawyer, Veteran, Supervisor Clover Hill District - [Our Privacy Policy](https://wmmlegal.com/privacy-policy) - Last updated: May 6, 2025 This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You. We use Your Personal data to provide and improve the Service. By using the Service, - [Car Accidents](https://wmmlegal.com/car-accidents) - When you are in a car accident in the Commonwealth of Virginia, you need to know that you have certain rights. When you are injured in a car crash and another party is responsible for the wreck, you are entitled to seek compensation for your injuries and, in some cases, even more. No matter what - [Richmond DUI & Traffic Lawyer](https://wmmlegal.com/legal-services/dui-traffic) - Our experienced Richmond DUI lawyers and Richmond traffic lawyers are ready to assist with your drunk driving or traffic violation charges. - [Criminal & Juvenile Defense](https://wmmlegal.com/legal-services/criminal-juvenile-defense) - Talk with one of our experienced Richmond criminal lawyers today. - [Slider 7](https://wmmlegal.com/slider-7) - [Español](https://wmmlegal.com/espanol) - Nos complace ofrecer servicios legales en español a nuestros clientes de habla hispana. Para que podamos ayudarle, por favor, rellene el siguiente formulario y un miembro del personal se pondrá en contacto con usted. - [Landlord](https://wmmlegal.com/legal-services/landlord-tenant) - Leases are common contracts used to allow individuals and businesses to use a piece of property over a predetermined period of time. Our lawyers are well versed in both residential and commercial leases and are ready to help our landlord clients navigate Virginia Landlord & Tenant law. Residential Our firm can help during the formation - [Federal Litigation](https://wmmlegal.com/federal-litigation) - Not all cases may be brought in state courts. When a suit is required to be brought in Federal court, the attorneys of Winslow, McCurry & MacCormac have experience representing both Plaintiffs and Defendants. If you have questions on where your suit should be filed, you can see our article here. Our Lawyers: Sarah L. - [Alternative Dispute Resolution](https://wmmlegal.com/legal-services/alternative-dispute-resolution) - If you're involved in a legal dispute, our attorneys can serves as mediator or arbitrator in your case. Contact Winslow & McCurry, PLLC for ADR help. - [Make a Payment](https://wmmlegal.com/make-a-payment) - [Testimonials](https://wmmlegal.com/testimonials) - We researched for a lawyer and are so happy with our choice of Sarah McCurry. She asked all the right questions to get us thinking about what we needed and wanted to do. Her expertise and knowledge of the law is the epitome of what a great lawyer should be. Throughout the process her guidance - [Thank you for contacting us!](https://wmmlegal.com/thank-you) - A representative will respond to your request as soon as possible. We are available by phone Monday through Friday between 8:30 A.M. and 5:00 P.M. Eastern Time at (804) 423-1382. In the meantime, you may find the following links to be helpful: FAQs- Get answers to frequently asked questions we hear at Winslow, McCurry & - [Meet Us on Zoom](https://wmmlegal.com/meet-us-on-zoom) - Zoom is a cloud-based video conferencing service you can use to virtually meet with our lawyers - either by video, audio, or both - all while conducting live chats. How Do I Set Up Zoom? A Zoom Meeting refers to a video conferencing meeting that's hosted using Zoom. You can join these meetings via your - [Adoption](https://wmmlegal.com/legal-services/adoption) - Our experienced adoption attorneys look forward to assisting your family with your adoption needs. Contact us today for a consultation! - [Legal Resources Members](https://wmmlegal.com/legal-resources-members) - Welcome Welcome Legal Resources Members! As you know, Legal Resources is an optional benefit program that protects employees, spouses, and dependent children (up to age 19 or 26 if enrolled as a full-time student) from paying the high cost of attorney fees associated with everyday life events. The plan offers comprehensive legal coverage on a - [Appeals](https://wmmlegal.com/appeals) - Should you seek to appeal a court order or disposition, the experienced appellate lawyers of Winslow, McCurry & MacCormac can help. 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