Miller, Earle & Shanks, PLLCHarrisonburg Law Firm | Family & Criminal Law Attorney | Personal Injury Attorney2024-03-18T14:39:05Zhttps://www.harrisonburglaw.com/feed/atom/WordPressOn Behalf of Miller, Earle & Shanks, PLLChttps://www.harrisonburglaw.com/?p=480232024-03-18T14:38:29Z2024-03-18T14:38:29ZWhat factors are considered for courts to grant visitation rights?
Courts prioritize the best interests of the child when it comes to making decisions about visitation. In Virginia, courts base their decision on certain key factors:
Strength of the grandparent-child relationship: A well-established and positive bond between them is crucial.
Potential harm to the child: The court will assess if denying or approving visitation will cause emotional or psychological distress to the child.
Parents’ wishes: The parents’ objection may carry significant weight when courts decide if they will grant visitation rights.
Grandparents’ capacity to provide care: The court will assess the grandparents’ physical, emotional and mental capacity to care for a child responsibly.
After a divorce, the primary role of grandparents is to support their children (as parents) during this transition. Still, they can request visitation rights, especially if they bond closely with their grandchildren.
How can grandparents request visitation rights?
Grandparents may take specific steps to maintain a connection with their grandchildren. They can openly express their desire to be part of the child’s life or seek mediation to develop a mutual agreement between the parents. Otherwise, grandparents may file a petition with the court requesting visitation rights.
Child custody and visitation cases can become emotionally fraught and complicated, particularly when non-parents are involved. As such, it may be advisable to seek a legal professional to help navigate the complexities of family law. Remember that visitation rights should align with the child’s best interests and promote a healthy, positive relationship with their grandparents.
]]>On Behalf of Miller, Earle & Shanks, PLLChttps://www.harrisonburglaw.com/?p=479352024-03-07T08:35:12Z2024-03-07T08:35:12Zcommon ownership types and their impact on estate distribution:
Sole ownership
If you solely own an asset, it is generally part of your estate. Consequently, your estate’s personal representative will distribute it according to your will, or if you have no will, your state’s intestacy law. Assets of this type go through probate, the legal process of transferring a deceased person's properties to their rightful heirs.
Joint tenancy with right of survivorship
When you jointly own an asset with two or more people, your shares will automatically transfer to the surviving co-owners upon your death and vice versa. This transfer occurs outside of probate and the terms of the will do not apply to these assets.
Tenancy by the entirety
This type of ownership is similar to joint tenancy with right of survivorship but is exclusively for married couples. If you are married and pass away before your spouse, they will automatically become the sole owner of assets owned as tenants by the entirety. This ownership type also bypasses the probate process.
Properties with beneficiary designations
Assets with beneficiary designations, such as life insurance policies, retirement accounts and payable on death or transfer on death accounts, allow your beneficiaries to receive assets directly upon your death, avoiding probate.
Furthermore, the terms of a trust agreement control assets held in a trust for its beneficiaries. You can design a trust to distribute assets before or after your death, potentially avoiding probate and providing more control over when and how your assets are distributed.
Understanding the relation between ownership types and estate administration helps you make informed decisions when estate planning, especially considering the implications of each type of ownership. It is often advisable to consult with an estate planning attorney to ensure your personal representative distributes your assets according to your wishes.]]>On Behalf of Miller, Earle & Shanks, PLLChttps://www.harrisonburglaw.com/?p=479142024-02-27T09:43:36Z2024-02-27T09:43:36ZYou can’t get a DUI on prescription medication
Some people believe that if they take prescription medication, an officer can’t charge them with DUI. However, according to Virginia law, it’s illegal to operate a vehicle while under the influence of any drug that impairs your ability to drive, including prescription medication. Even if you have a valid prescription for a medication, you can still face charges if the medicine impairs your ability to drive.
You have to be drunk to get a DUI
Another common misconception is that you need to physically look drunk to face DUI charges. You might not feel drunk, but if an officer administers a blood or breath alcohol test and your results display at least .08% blood/breath alcohol content, the officer can charge you for exceeding the legal limit.
A DUI only affects your driving record
Some persons may think that DUIs are traffic offenses and only affect their driving record. However, Virginia – as in other U.S. states – considers DUI a criminal offense. A conviction for DUI leads to a criminal record, which can impact a person’s ability to secure a job, housing or even a loan.
You can’t get a DUI while parked
There’s a misconception that drivers only get DUIs if they’re caught driving while drunk and that being drunk inside a parked vehicle is fine. However, state law says you can face charges whether you’re driving or in “actual physical control” of the vehicle. If you’re drunk and seated on the driver’s side of a parked vehicle with the engine running, officers can charge you.
It's important to understand the laws and penalties associated with DUI to avoid making costly mistakes that can affect your future. A DUI conviction not only leads to a criminal record but also costly fines, jail time and a license suspension. If you face charges, remember that a legal professional may be able to guide you through the court process and represent you in the hearing.]]>On Behalf of Miller, Earle & Shanks, PLLChttps://www.harrisonburglaw.com/?p=479132024-02-23T15:42:33Z2024-02-23T15:42:33Z1. Rollovers
Rollover accidents occur when a truck tips onto its side or roof. These accidents often result from speeding, sharp turns or uneven road surfaces. Rollover accidents can cause severe injuries, including head trauma, spinal cord injuries and broken bones.
2. Jackknifes
Jackknife accidents happen when a truck's cab and trailer fold in on each other, resembling the shape of a folding pocket knife. These accidents typically occur when the truck brakes suddenly or loses control, causing the trailer to swing out of alignment. Jackknife accidents can lead to multi-vehicle collisions and serious injuries to drivers and passengers involved.
3. Underrides
Underride accidents occur when a smaller vehicle slides underneath the back or side of a truck's trailer. These accidents often result in catastrophic injuries, such as decapitation or severe head and neck trauma, due to the height difference between the truck and the smaller vehicle.
4. Blind spot collisions
Blind spot accidents happen when a truck driver fails to see a vehicle in their blind spot and changes lanes or makes a turn, causing a collision. Injuries from blind spot accidents can range from minor cuts and bruises to more severe injuries, depending on the speed and force of the impact.
5. Tire blowouts
Tire blowout accidents occur when a truck's tire suddenly bursts, causing the driver to lose control of the vehicle. These accidents can lead to rollovers, collisions with other vehicles or running off the road. Injuries from tire blowout accidents can include whiplash, broken bones and internal injuries.
Establishing fault
Negligence determines fault in truck accidents. The driver or party found to have acted negligently, such as by speeding, driving recklessly or violating traffic laws, is responsible for the accident and must pay damages to other injured parties. Evidence from the accident scene, witness statements, police reports and the investigation results establish fault.
Truck accidents are dangerous
Truck accidents can happen in many ways, and all of them can have disastrous consequences. Knowing what kinds of truck accidents commonly occur and the Old Dominion State's strict laws may help you avoid them.]]>On Behalf of Miller, Earle & Shanks, PLLChttps://www.harrisonburglaw.com/?p=479122024-02-13T15:05:27Z2024-02-13T15:05:27ZThe escalation of penalties
Typically, if a person is convicted of DUI for the first time, the offense is a Class 1 misdemeanor, which carries at least $250 in fines and up to a year of license suspension. If the person had a blood alcohol content level of .15% at the time of the offense, they could end up paying between $250 and $400 in fines and serve a possible 30-day jail sentence.
However, that all changes if you get another DUI conviction within certain timeframes:
Second offense within less than five to 10 years of a prior conviction: This offense is punishable by a mandatory minimum fine of $500 (up to $2,500) and at least one month of jail (up to a year). For a conviction within less than five years of a previous offense, the driver must serve a mandatory 20 days of confinement. For a conviction within 10 years of a previous offense, the mandatory sentence period becomes 10 days instead.
Third offense within less than five to 10 years of a prior conviction: The offense becomes a Class 6 felony, which is punishable by a mandatory minimum sentence of 90 days if the latest conviction was within 10 years of a previous offense. The maximum possible prison sentence for this offense is five years. If the three offenses were committed within a five-year period, the sentence instead includes a mandatory minimum sentence of six months, with a five-year maximum possible sentence. The convicted person must also pay a mandatory minimum fine of $1,000, up to $2,500. Officials will also revoke the driver’s license indefinitely.
Fourth or subsequent offense within a 10-year period: The offense is still a felony, but the mandatory minimum term of imprisonment becomes one year. Five years remains the maximum sentence period. The mandatory minimum fine is still $1,000, up to a maximum of $2,500. A court can also order the revocation of the driver's license and forfeiture of their vehicle.
The consequences of repeat DUI offenses in Virginia are severe and life-altering. If you find yourself dealing with a DUI charge, a knowledgeable legal professional may be able to guide you through the legal process and protect your rights in court.]]>On Behalf of Miller, Earle & Shanks, PLLChttps://www.harrisonburglaw.com/?p=479112024-02-06T13:27:05Z2024-01-31T12:45:39Zcommon life events that trigger an estate plan review:
Changes in family
Major life events affecting your family, such as marriage, divorce, the birth of your child or the death of a family member, necessitate an immediate review of your estate plan. These events may alter your relationships and priorities, requiring asset distribution and beneficiary designation adjustments.
Shifts in finances and assets
Significant changes in your financial status, such as receiving an inheritance, experiencing a substantial increase or decrease in assets or starting a new business, are reasons for you to review and update your estate plan to ensure it aligns with your current financial situation.
Updates in estate planning and relevant laws
Laws on estate planning and tax regulations related to it can change. It is crucial for you to stay informed about relevant updates in the law and assess how they might impact your estate plan. In certain circumstances, you may need to revise your plan to optimize tax benefits or comply with new legal requirements.
Aligning your needs and plan to realize your goals
An estate plan is not set in stone. Regular reviews and updates to your estate plan are vital to ensure that it effectively captures your wishes and protects your loved ones’ future. Consequently, failure to update your estate plan can lead to serious repercussions to you, your family and your assets.]]>On Behalf of Miller, Earle & Shanks, PLLChttps://www.harrisonburglaw.com/?p=479082024-01-26T12:46:43Z2024-01-24T08:53:21ZThe foundation
The foundation of a successful construction project is a solid contract. A legally binding contract is the very document that serves as the blueprint for your partnership with the contractor, detailing every aspect of the project from start to finish. Your contract must be as clear and comprehensive as possible to prevent potential disputes or headaches.
Start with a detailed description of the work the contractor must accomplish, the materials they will need and the expected timeline. Do not leave anything to guesswork; specify the quality of materials, the exact nature of the work and even the clean-up procedures. Ensure the payment terms are equally clear, setting milestones for work completed and tying them to payment schedules. When one party fails to perform a term that is an essential element of your agreement, you could hold them accountable and use the contract as proof.
Remember, a good contract does not just protect you. It provides peace of mind for the contractor as well by laying out their obligations and entitlements. It is a mutually beneficial tool that can prevent miscommunication and ensure that both parties are on the same page throughout the construction process.
The structural support
Effective communication is the glue that maintains the integrity of processes and relationships. Make it a point to establish regular check-ins with your contractor to discuss the project’s progress, any challenges encountered and ways to address them. By keeping the lines of communication open, you can catch potential issues early and work together to find solutions before they escalate into larger problems.
Remember, the key to preventing problems lies in clarity, communication and documentation. With a comprehensive contract and a commitment to open dialogue, your construction project can move forward successfully and seamlessly.]]>On Behalf of Miller, Earle & Shanks, PLLChttps://www.harrisonburglaw.com/?p=479042024-01-26T12:46:49Z2024-01-13T00:17:46ZDivorcing with or without minor childrenIn Virginia, your timeline to file for a no-fault divorce largely depends on your family situation. If you and your spouse don’t have minor children and agree on all matters, the state requires you to live separately and without cohabitation for at least six months before filing. However, it’s a different story if you have minor children. In this case, state law mandates that you and your spouse live separately and without cohabitation for at least one year before you can file for a no-fault divorce.
Other factors that affect the process
While the timeline ranges from six to 12 months, several factors influence the length of the actual divorce process. One major factor is how quickly the spouses can agree on issues like property division and spousal support. If you and your spouse can quickly decide on these matters, the divorce process can be completed in a shorter time frame. However, if there are disagreements over issues like property division, the process can take longer.Another factor is the court’s schedule. Court dockets can be full or busy, so it might take time to get a court date. Once the court receives the divorce paperwork, processing the documents and issuing the final divorce decree can take several weeks or even months.
Overseeing legal proceedings
Divorce can be a complicated process. Sometimes, just when you think things are going smoothly, you might run into unexpected legal challenges that you aren't sure how to address. In these moments, you should consider seeking a legal professional. They can assist with your divorce, helping you navigate the legal aspects of it.]]>On Behalf of Miller, Earle & Shanks, PLLChttps://www.harrisonburglaw.com/?p=479032024-01-26T12:46:53Z2023-12-28T08:30:32ZPossession of burglarious tools
According to state law, it’s a Class 5 felony to possess any tools, implements or outfits to commit burglary, robbery or larceny. The rules also state that prosecutors can use the information that someone who possesses these tools and isn’t a licensed dealer as evidence that the person had the intent to commit burglary.
If a court convicts a person of possessing burglarious tools, they face up to 10 years of prison and $2,500 in fines.
What counts as a burglary tool?
By law, a burglary tool is any device instrument, or object that is used or intended to be used to commit a burglary or to facilitate the commission of a burglary. A court and jury can view the following objects, especially given context, as burglary tools:
Bolt cutters
Ceramic spark plugs and “ninja rocks” that can easily break tempered glass
Crowbars and other similar tools
Hammers
Lock picks
Master keys
Screwdrivers
Torches and other similar tools that can melt steel
For a person to face charges, the prosecution must prove that the person had the items intending to use them in a crime in the future. This can be difficult, as intent is a highly subjective matter.
Notably, while possession of burglary tools is a Class 5 felony, actual burglary offenses start at a higher Class 3 felony, with the degree and punishments increasing depending on certain other factors.
Burglary is a serious offense, but so is possession of tools with the intent to commit burglary. If you face charges, don’t underestimate what a conviction would lead to and speak with a legal professional.]]>On Behalf of Miller, Earle & Shanks, PLLChttps://www.harrisonburglaw.com/?p=479022024-01-26T12:46:59Z2023-12-27T19:40:25ZImpact forces and spinal trauma
The sudden impact of a car crash subjects the body to powerful forces. This often leads to spinal trauma. When a vehicle comes to an abrupt stop or changes direction, the spine may feel the impact, causing injury. The force of the impact can result in fractures, dislocations or compression of the vertebrae. This, in turn, leads to damage that affects the spinal cord's ability to transmit signals between the brain and the rest of the body.
Whiplash and hyperextension
Whiplash is a common car crash injury. It occurs when the head forcefully jerks forward and then backward. This rapid motion can strain or damage the soft tissues of the neck and spine, causing spinal cord injuries. Additionally, hyperextension of the spine can lead to similar consequences. These mechanisms of injury highlight the vulnerability of the spine to the forces generated in a car crash. They also highlight the need for preventive measures.
Prevention
Not all car crashes are avoidable. However, implementing safety measures can reduce the risk of spinal cord injuries. Wearing seat belts and ensuring airbags work effectively is important. Moreover, adhering to speed limits and avoiding distractions can contribute to safer road conditions, reducing the frequency of car crashes.
Per the National Spinal Cord Injury Statistical Center, car wrecks cause 38.52% of all spinal cord injuries. Prioritizing safety and implementing precautionary measures helps minimize the occurrence of spinal cord injuries resulting from car crashes.]]>