impounded vehicle

The Police Impounded My Vehicle! Can They Do That?

In Virginia, there are six main ways in which your car can be impounded. The first instance a vehicle may be impounded is if you’re arrested. If your vehicle is not legally parked, then police may impound it. Va. Code 19.2-80.1 states “in any case in which a police officer arrests the operator of a motor vehicle and there is …

courthouse

Do I Really Need an Attorney for Possession of Marijuana?

In Virginia, possession of marijuana is illegal and is considered a misdemeanor. Va. Code § 18.2-250.1 states “it is unlawful for any person to knowingly or intentionally  possess marijuana unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise …

television

The Unrealistic Portrayal of Law on TV

Most of my clients have had little to no experience with the court system, perhaps aside from a simple traffic ticket, and THIS IS A GOOD THING! However, many believe they understand the legal system because their favorite shows are Law and Order, Boston Legal, or the People’s Court. Often, I have to explain that cases don’t get settled in …

handcuffs jail

Bond 101: The Basics

More than likely, the first thought when someone is arrested for a criminal offense is am I going to jail, and if so, when can I get out of jail? There is a lot of confusion about bail and bond procedures – it is even worse during such a time-sensitive and stressful time. A basic understanding of the terms and …

AAPDA Seal

Wayne Holcomb, Premier DUI Attorney, Advanced Level Training on Blood Draw Tube Validation Issues on DUI – Marijuana Cases

Wayne Holcomb of Yorktown/Newport News, Virginia recently received advanced level training, from the American Association of Premier DUI Attorneys, on Blood Draw Tube Validation Issues on DUI – Marijuana Cases. Wayne received training that it has been discovered that the some blood test tube certifications were only for alcohol purposes and that some blood draw tubes, including the chemicals contained inside for …

a close up of a police officer writing a traffic ticket.

Reckless Driving in Virginia: Are There Long Term Effects?

Many people are unaware of the potential long-term consequences that can result from a reckless driving charge. Reckless driving is usually defined as speeding above 20 mph or speeding in excess of 80 mph (regardless of the applicable speed limit). However, a large range of dangerous driving behaviors may also be defined as reckless. The Virginia Code provides “irrespective of …

parenting baseball

Tips for Successful Co-Parenting

In the midst of a bitter custody battle, the person who ends up the most hurt is usually not the parents at all, but the child. It seems obvious, but many forget that it is so important that your child not suffer just because you and the other parent dislike each other or are unable to communicate. It is important …

child custody blocks

Can I Appeal My Custody Case?

The short answer is yes. Most child custody cases are initiated at the Juvenile and Domestic Relations Court (JDR) level. Virginia JDR courts have jurisdiction over both child custody and child support cases. Once your case is heard by the judge, a final order is entered. If you are unhappy with the final order entered by the JDR judge you …

military

Military Divorce in Virginia: What do I Need to Know?

What happens when military personnel need a divorce? Typically, the military views divorce as a civil matter similar to any other divorce. However, a military divorce can implicate various benefits in both federal and state laws. Here are just a couple:  –  The Servicemembers Civil Relief Act allows a defendant, who is on active duty in the military, to request …

divorce money

Spousal Support: When Can it be Modified?

There are two main ways for spousal support to be modified. First, spousal support can be modified by agreement. This seems to be the most efficient and easiest way to modify support. However, in many cases one party may not want to have the spousal support changed and the parties will be unable to come to an agreement. In that …