FAQs

We primarily handle family law cases, including divorce, child custody and visitation, spousal support, post-divorce actions such as modifications of custody and support orders, as well as adoption. We also maintain a general law practice for clients who need other services.

One party must be a resident of the state of Virginia for more than six months to file a divorce complaint. There are many factors that can affect the divorce process, such as the reasonableness of your spouse, and whether the issues are contested or uncontested. However, you may proceed with finalizing a divorce after being separated for a period of one year or more. In cases where there are no minor children and the parties have signed a property settlement agreement (also called a separation agreement), you can file for divorce after you have been separated for 6 months.

Yes: willful desertion and abandonment, cruelty, and adultery are all fault grounds for divorce. However, proof of your fault claim will be required, and you should discuss this with an attorney when you are planning to file for a divorce.

Some minor traffic infractions are pre-payable, meaning you can pay the ticket online without needing to appear in Court but more serious traffic offenses such as DUI, Reckless Driving or Driving on a Suspended or Revoked license will require a court appearance.

Yes. If you prepay the ticket you are pleading guilty to the charge and, if it is one that carries demerit points, those points will appear on your driving record. If you want any chance to avoid points on your record, you will need to appear in Court rather than prepay the ticket.

An arraignment is someone’s first court appearance where they are advised of the charges against them and of their right to counsel. If you are facing a criminal offense that carries the possibility of jail time, meaning a Class 1 or 2 misdemeanor or any felony, you have the right to be represented by an attorney in Virginia. Often, the Judge at the arraignment will ask if you want to hire your own attorney, represent yourself or, if your income and assets are below a certain threshold, request court appointed counsel.

The police must only read someone their Miranda rights before interrogating them while they are in custody. Being “in custody” means that a reasonable person would conclude that they were not free to leave. Statements that are volunteered by someone either not in custody or in custody but without an interrogation, can be used against them even if the police did not provide Miranda warnings. An interrogation can consist of not only direct questioning but also actions by the police that are likely to elicit an incriminating response by the suspect.

Not always. There a several exceptions that allow the police to conduct a search without a warrant. These may include valid consent by an occupant of the property, evidence that is in plain view, certain emergency circumstances, or searches incident to an arrest.

A search warrant is a document signed by a judge that allows the police to conduct a search in a certain place for certain items. The police will need to establish probable cause on their own observations, information from a reliable informant or both. If the police conduct a search without a warrant, it is presumed to be unreasonable unless the police can show that an exception to the requirement justified the search. The search generally cannot extend beyond the scope of the warrant, in terms of either the locations searched or the items for which the police are searching.

Yes. Under certain circumstances, a police office can issue a citation rather than making a formal arrest. If you have received a citation instead of being arrested, you do not have an arrest record and do not need to disclose the citation in response to a question about your arrest record. However, by signing the citation, you agree to appear in court as specified in the citation and may be subject to arrest if you fail to appear. If you receive a criminal citation of any kind you should consult with a criminal defense attorney who can advise you what steps to take next and how to best protect your rights.