Harrisonburg Virginia Legal Blog

A defense may apply to a drug crimes charge

On behalf of Big Valley Law Martin & Hahn, PLLC posted in drug crimes on Thursday, January 10, 2019.

Facing a criminal charge for drug possession can be a terrifying experience not only because criminal charges can carry with them very serious consequences, but also because developing a criminal record can follow a Virginia resident for the rest of their life. In order to avoid the many negative effects that a criminal drug conviction can have on a person's immediate and long-term future an individual facing drug charges may wish to explore their possible defense strategies with their criminal defense attorney.

That is because there are a number of recognized defenses to drug crimes that can help individuals avoid conviction and the punishments that accompany them. One defense that may serve a drug crime defendant is the defense that the allegedly illegal drugs were not under their possession at the time of the defendant's arrest. If illegal drugs were actually found on another person or in a place not under the control of the defendant then there may be insufficient evidence to prove that the defendant ever possessed them.

How does equitable distribution affect a divorce?

On behalf of Big Valley Law Martin & Hahn, PLLC posted in divorce on Friday, December 28, 2018.

The divorce of two Virginia residents requires a lot of hard work and compromise. Even when people are in agreement with their partners that ending their marriages is a good idea, they will they have to make concessions about particular matters related to their marital dissolutions. During a divorce, coming to terms with the division of a couple's property can be especially hard on those who do not want to give up anything that they own.

During a divorce property is categorized as either marital or separate. If property is considered marital it is subject to division. If it is deemed separate then the owner of it may keep it when their divorce is completed. In Virginia, marital property is divided pursuant to a legal doctrine known as equitable distribution.

How to gain control of your custody case

On behalf of Big Valley Law Martin & Hahn, PLLC on Friday, December 21, 2018.

If you are facing divorce, you know child custody proceedings will play a significant part in your case. It may feel like the situation is out of your control because many legal factors may influence the outcome.

However, there are things you can do to help yourself feel more in control. You can start with how you dress for court.

Is a loved one showing signs of drug addiction?

On behalf of Big Valley Law Martin & Hahn, PLLC on Wednesday, December 19, 2018.

Addictive substances can come into people's lives in various ways. You may have a loved one to whom doctors prescribed an opioid pain reliever, or a family member may have used an illicit substance with no negative effects.

Whatever the case may be, you now worry that he or she has developed an addiction to a substance. To make a better determination of what is happening, review these signs of addiction.

Virginia's reckless driving statute is broad by design

On behalf of Big Valley Law Martin & Hahn, PLLC posted in reckless driving on Friday, December 14, 2018.

In the Commonwealth of Virginia it is illegal to drive recklessly. However, what it actually means to be reckless while behind the wheel of a car is not defined by one particular act. Under the Code of Virginia, different forms of conduct may constitute reckless driving and therefore the applicable statute may be read to apply to individuals who exhibited different driving behaviors.

Reckless driving may constitute being reckless while behind the wheel, and the term "reckless" may generally be defined as constituting an unreasonable risk to the safety of one's self or others. Under Virginia's reckless driving statute, speeding may also constitute recklessness if that speed is could endanger the life or property of others.

Is marijuana now legal in Virginia?

On behalf of Big Valley Law Martin & Hahn, PLLC posted in drug crimes on Thursday, November 29, 2018.

Laws can change over time as new information emerges concerning the best ways to protect public health and safety. One topic that has received a lot of attention in the national legal spotlight is marijuana and whether it should be considered an illegal substance. While some states have decriminalized the recreational use of marijuana, Virginia does not fall into that group.

In Virginia it is illegal to possess, manufacture, and sell marijuana. Individuals who are caught with marijuana on their persons or in their possession can face serious penalties. A conviction on a marijuana drug charge can have lasting effects on a person's future and can impact their options for seeking employment in the future.

Important considerations during the evaluation of spousal support

On behalf of Big Valley Law Martin & Hahn, PLLC posted in divorce on Friday, November 16, 2018.

A divorce can involve many complex negotiations. While it is true that a divorce is used to end a Virginia marriage, there are a number of other family law processes that may be started when a person or couple files their pleadings to end their marriage. From child custody and support to the division of the parties' property, divorces are the beginning of many important family law discussions for couples that want to end their relationships.

One topic that can be very important to divorcing parties is spousal support. Spousal support is the money that a person may be required to pay to their ex after their divorce has been finalized. Not all divorces will involve negotiations over spousal support as not all marriages are between individuals of different incomes and earning capacities.

What is visitation?

On behalf of Big Valley Law Martin & Hahn, PLLC posted in child custody on Thursday, November 1, 2018.

After a divorce, a set of Virginia parents will have to learn to live in a new scheme where their children will share time between them.

When parents elect to live apart, it becomes difficult for their children to spend as much time with each parent as they did before their separation or divorce since the parents may not want to be in each other's direct company. Because of this, these families often need child custody and visitation plans to maintain the relationships that exist between parents and kids.

Is your decision to divorce a good choice?

On behalf of Big Valley Law Martin & Hahn, PLLC on Friday, October 26, 2018.

Feelings of unhappiness can spur anyone into wanting to make significant life changes. In your case, you may feel that your marital relationship is no longer happy and healthy, and because of that feeling, you have decided to gain more information on divorce.

Having the right legal information during this time can prove immensely useful, but it is also important that you focus on personal aspects as well. Jumping into this decision without feeling sure it is the right choice could cause complications later.

What DUI defense may best suit your case?

On behalf of Big Valley Law Martin & Hahn, PLLC on Tuesday, October 23, 2018.

Typically, a number of ways exist to handle any given situation. When facing criminal charges, you may benefit from reviewing your defense options to determine what may best fit your circumstances and yield the best outcome possible.

In particular, there are many ways to handle a charge for DUI. You may have a solid defense due to a particular detail of your case, or you may need more time to construct a defense.