A divorce settlement can be challenging and emotionally draining, requiring adherence to rules and procedures. To ensure a fair outcome in divorce negotiations, here are some practical steps you can take:

Keep Emotions In Check. Maintaining composure is crucial to reaching a fair settlement. Avoid reacting impulsively to offers or statements made by the other party. Instead, focus on the facts, relevant legal precedents, and the desired outcome. By staying composed, you can negotiate from a position of strength and rationality.
Be Honest. Misrepresentation or deceitful tactics can not only damage your credibility. It can also result to legal consequences, like the invalidation of the settlement agreement. Ensure transparency throughout the negotiation process by providing accurate information and disclosing all relevant details. Honesty builds trust and fosters goodwill, increasing the likelihood of reaching a mutually beneficial settlement.
Set Some Ground Rules. Parties can determine the timing and format of negotiations, establish confidentiality provisions, and decide on dispute resolution mechanisms. Clearly outline these ground rules at the outset of the talks to create a framework for constructive dialogue.
Focus On Long-Term Outcomes. Prioritize immediate concerns during negotiations, but also consider the long-term implications of any settlement agreement. Take into account the financial stability, co-parenting, and, if applicable, asset division. Strive for a settlement that addresses current needs and sets a foundation for a sustainable future.
By following these practical tips, you can work towards a resolution that prioritizes your interests. You can set the foundation for a positive transition into the next chapter of your life.

Whether you are pursuing a divorce in Virginia or elsewhere, it is vital to comprehend your rights and available options. Navigating the complexities of divorce necessitates partnering with a knowledgeable firm. That is where The Irving Law Firm comes in.


The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

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Seeking assistance from Drug Charge Lawyers is essential due to the severe consequences associated with drug-related offenses. The penalties include heavy fines, probation, and imprisonment. These lawyers can offer invaluable support throughout the legal proceedings.

They will defend you against a range of drug charges, including possession, distribution, and manufacturing. Additionally, a lawyer can advocate your rights in court and negotiate plea bargains with prosecutors. They will work towards mitigating the potential consequences of a drug conviction. By enlisting the help of experienced criminal attorneys, you can significantly enhance the likelihood of attaining a favorable result.

Learn about the different drug charges in Virginia and their corresponding penalties. A deep understanding of your situation and steadfast safeguarding of your rights can significantly impact the outcome of your case.


The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

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The causes of false accusations of sex crimes are diverse and can stem from different sources.

Misunderstandings. Even with the best intentions, specific interactions or occurrences might be misconstrued as non-consensual or inappropriate. This can occur due to miscommunication or a lack of clarity in your verbal or non-verbal cues.
Mistaken identity. In some cases, the accuser may genuinely believe they were assaulted but have misidentified the perpetrator. This can occur because of factors like poor lighting or trauma-induced memory distortion. It can also result from physical similarities between you and the actual perpetrator.
Ulterior motives. This may involve personal vendettas, revenge, financial gain, or seeking attention. Sometimes, individuals may fabricate allegations to gain sympathy or manipulate others.
Societal biases and stereotypes. Socioeconomic factors can similarly influence the perception of sexual assault allegations. Preconceived notions about gender, race, sexuality, or social status may lead to presumptions of guilt or innocence rather than relying on presented evidence.
You must scrutinize the circumstances surrounding the allegations and identify inconsistencies or discrepancies in the accuser’s account. If you surrender easily without a fight, you leave yourself vulnerable to potential legal repercussions and outcomes.

Implications Of A Conviction
Being accused of a sex crime carries profound consequences that can significantly impact many aspects of your life. Getting convicted for this type of crime results in even more severe penalties beyond legal repercussions.

Mandatory Registration As A Sex Offender
In Virginia, convicted offenders must provide photographs, proof of residence, and fingerprints to local law enforcement before their release from correctional facilities. These data are then known to employers, community members, and pertinent entities like schools and childcare facilities.

Social Stigma & Reputation Damage
Being indicted for a sex crime can result in irreversible harm to your reputation and prospects. The stigma associated with sex offenses can affect personal relationships, career opportunities, and community standing. Even after serving a sentence or completing probation, you may continue to face discrimination and suspicion from others.

Long-Term Consequences
The repercussions of a conviction can extend far beyond the immediate legal proceedings. Even in cases of acquittal, the ramifications of a criminal charge can persist long-term. These may include challenges in securing employment, educational opportunities, or housing. Additionally, individuals might grapple with enduring emotional and psychological trauma stemming from the legal proceedings.

With these consequences, it is best to be strategic in dealing with accusations of sexual offenses. There are ways to defend yourself when faced with grave situations.



The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

In divorce law, equitable distribution aims to fairly allocate assets acquired during the marriage. It considers each spouse’s contributions, financial circumstances, and future needs. This process typically involves identifying and valuing various types of assets. It aims to facilitate an equitable division that reflects the principles of fairness and justice.

Real estate assets. This includes properties such as houses, land, vacation homes, and commercial buildings acquired during the marriage.
Bank deposits. Money held in savings accounts, checking accounts, certificates of deposit (CDs), and other banking instruments are marital assets if acquired during the marriage.
Investment portfolios. Any investments made during the marriage, such as stocks, bonds, mutual funds, and brokerage accounts, fall under this category.
Business holdings. The value of a business can be subject to equitable distribution if either spouse owns a business or has a stake in a business acquired during the marriage. The process may involve appraising the company and determining each spouse’s share.
Intellectual property. Intellectual property assets encompass patents, copyrights, trademarks, and royalties. These are considered marital property if acquired during the marriage.
Courts will assess each asset’s value, contribution to the marriage, and any applicable legal considerations in divorce or separation. Understanding the process of dividing assets is crucial to ensure fair outcomes for both parties.




The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

Hiring a lawyer is essential in navigating complex laws and ensuring awareness of your rights and obligations. With their objective advice, they can assist in negotiating a settlement without being influenced by emotions.

Utilizing negotiation skills, they can also advocate for your interests. Lawyers can mediate disputes and protect your rights throughout the process. In cases where negotiations fail, they provide crucial representation in court, present evidence, and argue your case effectively.

A skilled lawyer protects your interests, ensuring you receive what is rightfully yours at the end of your marriage. This leads to an important question – what determines the division of property? Learn about the factors that typically influence property division in a divorce.



The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

Seek The Assistance Of A Drug Possession Lawyer
The Irving Law Firm in Manassas, Virginia, stands out as a dependable support if you face drug possession charges. Their lawyers ensure you feel informed and empowered throughout the legal process. They approach each case with diligence, compassion, and a commitment to safeguarding your rights.

You can rely on the firm to clearly and concisely explain your rights, legal options, and potential outcomes. The firm ensures your confidence in making decisions by keeping you informed and involved. With their guidance and support, you can face this challenge boldly and strive for a favorable outcome.

Summary
The Irving Law Firm provides legal guidance on your rights, such as receiving counsel, remaining silent, a fair trial, confronting witnesses, and due process. The firm can defend you against drug possession charges by challenging the search’s legality, asserting a lack of possession, and scrutinizing the custody chain.

Additionally, lawyers can strengthen the case by establishing claims of entrapment and contesting the accuracy of testing results. To minimize or dismiss charges, seeking the assistance of a qualified lawyer is crucial in navigating the legal complexities effectively. They can provide guidance, develop strategic defenses, and advocate on your behalf in court.



The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

In Virginia, divorces undergo equitable distribution. It recognizes the various contributions spouses make to a marriage, both financial and non-financial. Understanding the process can help you divide marital assets and liabilities fairly. Consider the following key points.

Fair Allocation Of Marital Assets
Fair allocation refers to the equitable division of assets acquired during the marriage between divorcing spouses. This process involves determining how assets such as real estate, vehicles, bank accounts, investments, and personal belongings will be divided. It aims to have a balanced distribution recognizing each spouse’s efforts and sacrifices and does not always end with a 50/50 split.

Consideration Of Individual Contributions
Considering individual contributions involves acknowledging each spouse’s unique efforts and inputs throughout the marriage. It includes financial and non-financial elements like homemaking, childcare, and supporting the partner’s career or education. By doing so, courts can ensure a fair division of properties throughout the marriage.

Flexibility For Unique Circumstances
Courts can customize asset division to suit the unique circumstances of each divorce case. This means that judges have the authority to consider various factors when determining the separation of marital property.

These aspects include the length of the marriage, individual financial situations, and contributions of each spouse. This approach promotes fairness, equity, and, ultimately, justice in the dissolution of marriage.

Minimization Of Conflict
Minimizing conflict means reducing disputes and disagreements between divorcing spouses during asset distribution. This principle encourages cooperation and compromise to facilitate a more amicable resolution. It reduces emotional and financial strain from prolonged legal battles and promotes a constructive post-divorce environment.

Understanding how this process works in Virginia is crucial for anyone going through marriage dissolution. It helps you navigate divorce effectively, ensuring awareness of your rights and responsibilities. With this, you can lay the groundwork for managing asset allocation and explore practical tips for fair distribution.




The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

In the United States, the Fifth Amendment to the Constitution guarantees individuals the right to remain silent and to an attorney during interrogations. Collectively known as the Miranda Rights, they safeguard against self-incrimination and ensure that individuals understand their legal protections.

Right To Remain Silent
When you assert your right to remain silent, you may refuse to answer questions from law enforcement. In criminal cases, anything a person says can have significant consequences. By invoking this right, they prevent law enforcement from using statements made under pressure or without legal counsel against you.

Right To Legal Representation
The right to an attorney during police questioning ensures you receive professional guidance. A lawyer guides you on what to say and do during interrogations. They actively protect your interests and strengthen the defenses of your case. The court will appoint a lawyer if you cannot afford one, ensuring you receive legal representation.

Understanding these rights magnifies their essential role in criminal cases. These Constitutional rights are a fundamental safeguard, particularly in ensuring a dignified judicial process.

The Role Of Miranda Rights In Criminal Cases
Miranda Rights are pivotal in criminal cases, ensuring you have the opportunity to exercise them to prevent wrongful convictions. Asserting them can significantly impact criminal proceedings, influencing the outcome of investigations, trials, and the overall integrity of the justice system.

Protection Against Self-Incrimination
Invoking your right to remain silent prevents law enforcement from coercing statements that could be used against you in court. This safeguard is essential in ensuring that individuals are not compelled to incriminate themselves, upholding the principle of fairness in the justice system.

Determines Admissibility Of Your Statement
If law enforcement fails to communicate your rights before questioning, the court may deem any statements you make inadmissible. This requirement reinforces the importance of following legal procedures and ensures that only evidence obtained lawfully can be used in prosecuting a case.

Miranda Rights ensure that you are fully aware of your legal protections and are not unfairly pressured into making confessions or statements. This safeguard is crucial in preventing power abuses and maintaining the legal process’s integrity.

Foundation Of Legal Defenses
The admissibility of evidence and unlawful interrogations that violate your Miranda Rights can form the groundwork for a strong defense. Your attorney can build a strategy by highlighting flaws in the arrest and interrogation process, weakening the prosecution’s case.

Even if you face less severe charges, invoking your constitutional rights is as crucial as more serious felonies. Therefore, selecting a skilled misdemeanor attorney who can effectively advocate for your rights is essential. To find the right lawyer, consider key factors that could significantly affect the result of your case.




The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

In Virginia, misdemeanors have four classifications, each with distinct penalties. These classifications range from more serious offenses to minor infractions, affecting the severity of the consequences.

Class 1
Class 1 misdemeanors are the most serious type in the state. They are punishable by up to 12 months in jail, and fines reach up to $2,500. Common offenses for this charge include driving under the influence (DUI), assault and battery, and petit larceny. A conviction under this class can result in a criminal record with lasting consequences.

Class 2
Class 2 misdemeanors are less severe but still carry significant penalties. Offenders can face punishments of up to 6 months of jail time and a fine with a maximum of $1,000. Crimes in this category include driving without a valid license and displaying a fictitious vehicle permit.

Class 3
While a Class 3 misdemeanor is less severe and carries no jail time, you can be subjected to fines. Convictions result in court-imposed penalties of up to $500. Offenses such as possession of Schedule V controlled substances fall into this classification.

Class 4
Class 4 misdemeanors are the least severe criminal offense in Virginia. Even if no jail time is involved, a conviction is still punishable by fines of up to $250. Offenses under this category include public intoxication and disorderly conduct.

Although misdemeanors generally involve less severe legal penalties, minor offenses can still result in a criminal record. It can significantly impact essential aspects of your life. A skilled defense lawyer will help you prevent that. One of the first things they do is help you assert your Miranda rights.



The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

Navigating divorce, especially with children involved, impacts emotions, finances, and mental health in intricate ways. In Virginia, specific statutes govern divorce and family law, highlighting the importance of legal representation and familiarity with these regulations.

While divorce proceedings can be daunting, the right legal team can streamline the process. Attorneys acknowledge divorce’s emotional toll on families and prioritize protecting their clients’ rights and voices.

The Irving Law Firm prioritizes open communication and collaboration with its clients. Their lawyers keep you informed and engaged throughout the legal process, aiming to alleviate stress and empower you to rebuild confidently.

With the skilled divorce lawyers from the team, you’re in capable hands. They will guide you through this challenging time, prioritizing your legal rights and your family’s well-being. These attorneys understand the hardships divorce can impose on overlooked loved ones and are dedicated to ensuring a resilient outcome for all involved.

Summary
Navigating the complexities of divorce, both emotionally and legally, underscores the importance of securing a fair settlement. A divorce lawyer is indispensable in guiding individuals through the intricate legal processes and ensuring equitable outcomes. In Virginia, divorces manifest as no-fault, uncontested, or contested, each posing distinct challenges.

Given this complexity, it is prudent to collaborate with a lawyer to devise strategies for equitable asset distribution, prioritize child custody, and explore spousal support options. ILF offers invaluable legal support, prioritizing transparent client communication and empowerment. Their adept attorneys strive to alleviate the burdens of divorce, safeguarding the rights and well-being of families with compassion and skills.



The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

Divorce may sound intimidating, but a smart strategy tailored to your situation can make it more tolerable. Couples can use asset distribution techniques to encourage fairness and cooperative results. Clear communication and a thorough understanding of Virginia law can result in fair settlements that promote healing and closure.

Open Communication On Property Ownership
Marital property in Virginia is subject to equitable distribution, meaning it’s divided fairly but not equally. The division considers factors such as each spouse’s financial contributions to the marriage, their earning capacity, the duration of the marriage, and any other relevant circumstances.

This requires thoroughly examining all assets and liabilities acquired during the marriage. Open communication is crucial in facilitating this process. Engage in discussions to understand each party’s contributions and needs thoroughly.

You can develop a settlement that honors both parties’ financial investments and aspirations by emphasizing transparency and collaboration. This approach leads to a fair and amicable resolution of property ownership matters.

While navigating the division of assets and debts may initially seem challenging, adopting a collaborative mindset can transform it into an opportunity for mutual benefit. Focus on identifying essential assets and consider innovative solutions such as asset trading to ensure fairness for both parties.

Establish Child Custody Arrangements
In matters of child custody, the paramount concern is always the well-being of the children. In Virginia, the court places a strong emphasis on prioritizing the best interests of the child. They consider factors such as age, health, and the quality of their relationship with each parent.

Establish a stable custody arrangement by embracing mediation or collaborative law. Ensure the plan reflects your family’s needs while prioritizing your children’s welfare. This approach fosters healthy co-parenting and sets the course for a harmonious journey.

Explore Alimony
The amount of spousal support, also known as alimony, is typically determined by the couple or the court if they cannot agree. While couples can decide on spousal support arrangements together, the court will make the final decision if they cannot reach an agreement.

You must consider factors such as earning capacity, financial needs, and contributions to the marriage to determine a fair arrangement. Exploring various options, such as lump-sum payments or structured alimony, provides opportunities for both spouses to move forward with dignity and achieve economic independence.

Alimony discussions can often evoke strong emotions and lead to contentious disputes. Approaching these interactions with empathy and understanding can facilitate a resolution that ensures both parties’ financial security.

By employing these strategies, both parties can navigate the process with integrity and respect, fostering fairness and cooperation. However, you must remember that to settle these matters, you must be better at negotiation. Times like this, you will need the support of your lawyer.





The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

There are various grounds for divorce, including adultery, cruelty, desertion, or voluntary separation for a statutory period. Here are the types of divorce in Virginia.

No-Fault Divorce. In Virginia, a no-fault divorce doesn’t require either spouse to prove fault. Instead, the couple can declare they have been separated for a specific duration. It’s either six months if they don’t have children or twelve months if they do. This period of separation is defined as living apart without cohabitation.

Uncontested Divorce. This form of divorce occurs when both spouses mutually agree on all significant aspects of the divorce. It includes child custody, child support, division of property, and spousal support, if applicable. Since there is mutual agreement on all matters, the process tends to be simpler and faster. It is less expensive compared to contested divorces.

Contested Divorce. This divorce occurs when spouses can’t agree on essential matters, such as child custody, asset division, or spousal support. In these cases, litigation may be necessary to resolve disputes. The court will decide on unresolved matters after reviewing evidence and arguments from both parties.

This type typically consumes more time, is emotionally taxing, and incurs higher costs than uncontested divorces. It may involve mediation or arbitration to settle disputes outside of court. That said, working with a lawyer to craft settlement strategies is wise.


The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

A lawyer plays a crucial role in securing a fair settlement by guiding you through the available legal avenues. They manage the necessary paperwork, file petitions, and act as your representatives during negotiations or mediation sessions, all aimed at achieving fair and equitable resolutions. These may encompass various issues such as asset division, spousal support, and child custody.

Lawyers serve as staunch advocates for your interests during court proceedings. They skillfully present evidence and arguments on your behalf. Following a settlement, they diligently adhere to court orders and navigate potential challenges.

An experienced attorney adheres to strict ethical standards while prioritizing your interests. Moreover, they can also provide various strategies for achieving a fair settlement while navigating the complexities of divorce proceedings.


The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

The Irving Law Firm Can Help You
Navigating Virginia’s intricate drug laws is critical when facing charges. Seeking legal counsel from The Irving Law Firm is essential for comprehensive guidance and representation. With their skills and knowledge, they craft robust defense strategies, ensuring your rights are vigorously protected throughout the legal process.

From scrutinizing evidence to advocating in court, their dedicated team stands by you, striving for the best possible outcome in your case. Trust in their experience to navigate these complex legal waters with confidence.

Summary
Facing drug charges in Virginia can be daunting, but with the guidance of experienced Drug Charge Lawyers, you can navigate the legal landscape effectively. These attorneys analyze your case, formulate strategic defenses, and advocate your rights throughout the process.

Understanding the classifications of drugs and their corresponding penalties is crucial for crafting a solid defense. Drug crimes encompass possession, distribution, and manufacturing offenses, each carrying severe consequences.

Your Drug Charge Attorney can employ various legal defenses, such as challenging search procedures, police misconduct allegations, and improper drug testing, to combat charges. The Irving Law Firm can provide invaluable support in navigating Virginia’s intricate drug laws and securing the best possible outcome for your case.



The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

In Virginia, drug offenses lead to a quick loss of freedom and future opportunities upon conviction. Navigating the penalties involves complexities such as drug type, quantity, intent to sell, arrest circumstances, and involvement of others.

Virginia’s Drug Control Act classifies substances according to their abuse potential, medical utility, and associated risks, significantly influencing the legal framework for individuals facing allegations. This legislation informs law enforcement, healthcare practices, and public policies, facilitating regulatory measures and substance abuse prevention efforts.

Here are several drug categories that present health hazards and may result in criminal charges when used or possessed.

Schedule I. These drugs pose significant risks to health and society due to their addictive properties and lack of recognized medical uses. Heroin, Lysergic Acid Diethylamide (LSD), and heroin are some of the examples.
Schedule II. These drugs, like fentanyl, PCP, and cocaine, carry high abuse potential despite medical acceptance, often leading to severe dependence.
Schedule III. Here, drugs show lower abuse potential than Schedule II substances. It has a moderate dependency risk and recognized medical use, including anabolic steroids and buprenorphine.
Schedule IV. These pose less potential for abuse compared to Schedule III compounds. It has a limited risk of dependency and is accepted for medical uses. Examples include benzodiazepines like Valium and Xanax, as well as certain sedatives and tranquilizers.
Each schedule has different legal implications regarding manufacture, distribution, and use. Stricter regulations are imposed on drugs with higher abuse potentials. As such, you need a criminal lawyer’s help to understand the charges’ implications and formulate a solid defense strategy.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

The legal system encompasses a broad spectrum of drug crimes. Understanding these offenses and their associated penalties is essential for navigating the state’s legal terrain. Here are the types of drug crimes in Virginia.

Possession
According to the Code of Virginia, this crime involves holding any controlled substance without a valid prescription. Drugs such as cocaine, meth, and heroin are illegal in this state.

Additionally, possession of drug paraphernalia can result in a criminal record and impact various aspects of one’s life, including housing and educational opportunities. Seeking legal counsel is crucial for understanding the full extent of potential consequences and available defenses in such cases.

Sale Or Distribution
This involves the exchange, provision, gift, delivery, or dissemination of a controlled substance. To establish this offense, the prosecution evaluates various factors. It includes the amount of substance possessed and the intent to sell, give, or distribute.

The sale or distribution of drugs within a certain distance of schools, parks, or other designated areas can also lead to enhanced penalties. It can result in substantial fines of up to $2,500 and lengthy prison sentences of up to 10 years.

Manufacturing
It refers to producing a controlled substance without proper authorization under the law. Additionally, if you have chemicals for making drugs and plan to use them, it may qualify as breaking the law.

Engaging in the manufacturing of controlled substances with the intent to distribute can lead to severe legal consequences. It includes significant fines of up to a million dollars and lengthy prison sentences of up to five years.

Individuals convicted of such offenses may also face long-term consequences, such as difficulty obtaining employment and restrictions on certain civil liberties even after serving their sentences. Therefore, you must craft effective defenses when you face these charges.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

Work With The Irving Law Firm
Being accused or convicted of theft charges can have profound negative effects on individuals. Social stigma and damaged reputation often accompany such accusations. Employment opportunities may dwindle as background checks reveal criminal records. Additionally, theft convictions can lead to severe penalties, including hefty fines and incarceration.

In such challenging circumstances, lawyers with extensive background in criminal defense can offer crucial assistance. They provide guidance and representation to mitigate charges or secure favorable outcomes through negotiation or trial. Thus, when facing theft charges, the choice of legal partner can significantly impact the case outcome. The Irving Law Firm stands out as a reputable option.

Its team comprises seasoned attorneys focusing on criminal defense, particularly theft charges. This can help ensure tailored strategies align with your circumstances to maximize favorable results. Additionally, you can expect robust advocacy from the firm.

The Irving Law Firm’s attorneys safeguard your rights and interests throughout negotiations and court proceedings. They also have an established reputation and track record for delivering excellence in legal representation.

Summary
Navigating theft charges in Virginia requires a comprehensive understanding of the legal landscape and strategic defense tactics. Such charges encompass offenses such as larceny, burglary, and robbery, each with penalties and legal implications.

Effectively addressing these charges involves challenging the prosecution’s evidence. It also entails considering tailored defense strategies and exploring options like plea deals or diversion programs.

Hiring an experienced Attorney, such as those at ILF, can significantly strengthen your defense. Their track record of success make them an excellent choice in navigating theft charges.



The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

Dealing with theft charges can be a complex and challenging process. However, there are several strategies that you can employ to handle your legal situation effectively.

Hire An Experienced Attorney For Theft
Perhaps the most critical step is to enlist an experience Attorney. Doing so offers several benefits. A skilled Attorney can guide and represent you throughout the legal process, which begins from the initial investigation and, if necessary, to a trial.

Moreover, an experienced lawyer can assess your case’s strengths and weaknesses. This allows them to advise you on the best possible action and advocate vigorously for your rights and interests in court.

Challenge The Evidence
Your Attorney can also help you thoroughly review and challenge the evidence presented by the prosecution. They may do this by questioning the credibility of witnesses or scrutinizing the chain of custody of the alleged stolen property. Additionally, they may identify any weaknesses or inconsistencies in the prosecution’s case. Doing this can cast doubt on the prosecution’s claims and potentially lead to a favorable outcome for you.

Consider Defense Strategies
An Attorney can also help you analyze the details of your case. From this information, they can help you explore various defense strategies in case of theft accusations. These may include arguing mistaken identity or lack of intent to steal.

Another approach may involve showing that you had permission or a legal right to possess the property. Furthermore, this analysis can help develop a tailored strategy to protect your rights and interests.

Negotiate Plea Deals Or Alternative Sentencing
In some cases, negotiating a plea deal may be a viable option to mitigate the consequences of theft charges. This approach may take two forms. The first option involves pleading guilty to a lesser offense for a lighter sentence. Another option is exploring alternative sentencing options such as probation, community service, or restitution. The assistance of an Attorney For Theft is necessary to consider your circumstances and each option’s potential benefits and drawbacks.

Explore Diversion Programs
Another option your Attorney may suggest is to participate in diversion programs. In Virginia, diversion programs are typically offered for first-time offenders or individuals charged with non-violent crimes such as theft as an alternative to traditional prosecution.

You can complete certain requirements, such as restitution, community service, or educational programs. However, your eligibility for a diversion program and its specific requirements depend on factors such as the nature and severity of the theft offense.

Similar to other criminal offenses, effectively dealing with theft charges requires a strategic and proactive approach. A top-notch lawyer can best help you tackle these tips and strategies.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

Let A Defense Lawyer From The Irving Law Firm Help You
Individuals accused of sexual crimes can find invaluable assistance from criminal lawyers at The Irving Law Firm. With their profound knowledge of sex-related offenses, these attorneys have an extensive grasp of pertinent laws, courtroom protocols, and defense tactics. They meticulously analyze each case, evaluate evidence, prepare witnesses, and consult experts as needed.

Moreover, defense attorneys from The Irving Law Firm go beyond legal matters. They provide emotional support and guidance in navigating the complexities of dealing with sexual misconduct accusations. Recognizing the emotional toll of such charges, they provide compassionate reassurance and practical advice. These alleviate some burdens and help you cope with the stress and uncertainty you may encounter.

Summary
In today’s society, sex allegations can drastically impact your life, leading to reputation damage and legal consequences. Accusations of sex crimes can arise from misunderstandings, mistaken identity, ulterior motives, or societal biases. A conviction carries severe penalties, including mandatory registration as a sex offender and enduring social stigma.

A defense attorney is essential for protecting your rights, navigating legal complexities, and regaining your reputation. To defend yourself, preserve evidence, exercise your right to remain silent, cooperate with legal counsel, stay informed, avoid contact with the accuser, and maintain confidentiality. Having a skilled defense lawyer ensures your rights are protected, and you receive proper representation in court.




The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

Successfully defending against sex crime allegations requires a careful and thorough legal strategy to protect yourself. Below are the key measures to safeguard your rights and innocence if accused.

Preserve Evidence
Gathering and preserving proof that supports your innocence is crucial when facing allegations. This evidence can include various forms such as surveillance footage, text messages, emails, social media posts, or witness testimonies that corroborate your version of events. Act swiftly to secure them, as they may be time-sensitive or subject to alteration or deletion.

Exercise Your Right To Remain Silent
If you’re arrested, remember that anything you say can be used against you in court. Therefore, refrain from making statements without legal representation present to avoid unintentionally incriminating yourself. Politely but firmly affirm your right to remain silent. Always request a counsel’s presence before discussing or interviewing law enforcement.

Cooperate With Legal Counsel
Working closely with your defense lawyer is crucial for crafting a solid defense strategy unique to your situation. Open communication and providing relevant information help your lawyer assess evidence and develop effective defense strategies tailored to your needs. This collaboration ensures your attorney can anticipate and address potential challenges in the prosecution’s case during court proceedings.

Stay Informed
Staying informed about the legal process and your rights as a defendant is vital. This knowledge lets you actively participate in your defense and make well-informed decisions. Failure to do so may result in missed opportunities to promptly provide critical information or address legal issues. With the guidance of your defense lawyer, you can keep abreast of developments in your case, such as court dates, hearings, and evidence proceedings.

Avoid Contact With The Accuser
To protect yourself, it’s essential to avoid contact with the accuser. Engaging with your persecutor, directly or indirectly, could aggravate the situation and may be misconstrued as intimidation or harassment. By refraining from contact, you mitigate the risk of further complications and demonstrate respect for the legal process.

Maintain Confidentiality
Additionally, maintaining confidentiality is crucial. Sharing details of the case or discussing it with others could compromise the investigation’s integrity and your defense. It’s imperative to keep discussions about the case private and restricted to your legal counsel to guarantee the confidentiality and protection of sensitive information.

Understanding your options while facing sex-related criminal allegations empowers you in making informed decisions regarding your legal strategy and options. This showcases your dedication to pursuing a fair and equitable resolution to the accusations you face.

That said, having a skilled defense lawyer by your side ensures your rights are protected, and you receive adequate representation in court. Their skills safeguard your interests, navigating legal complexities to secure a favorable outcome for your case.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

The causes of false accusations of sex crimes are diverse and can stem from different sources.

Misunderstandings. Even with the best intentions, specific interactions or occurrences might be misconstrued as non-consensual or inappropriate. This can occur due to miscommunication or a lack of clarity in your verbal or non-verbal cues.
Mistaken identity. In some cases, the accuser may genuinely believe they were assaulted but have misidentified the perpetrator. This can occur because of factors like poor lighting or trauma-induced memory distortion. It can also result from physical similarities between you and the actual perpetrator.
Ulterior motives. This may involve personal vendettas, revenge, financial gain, or seeking attention. Sometimes, individuals may fabricate allegations to gain sympathy or manipulate others.
Societal biases and stereotypes. Socioeconomic factors can similarly influence the perception of sexual assault allegations. Preconceived notions about gender, race, sexuality, or social status may lead to presumptions of guilt or innocence rather than relying on presented evidence.
You must scrutinize the circumstances surrounding the allegations and identify inconsistencies or discrepancies in the accuser’s account. If you surrender easily without a fight, you leave yourself vulnerable to potential legal repercussions and outcomes.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

Knowing the vital role of a defense lawyer in dealing with sexual allegations is as essential as understanding the different sex crimes in Virginia. Such offenses encompass any non-consensual sexual activity committed against an individual or against someone incapable of providing legal consent. Factors leading to incapacity may include age, physical or mental disabilities, or impairment due to substance use.

There are many kinds of sex crimes listed in Virginia laws. These range from rape to attempted sexual offense. Rape is the act of engaging in sexual activity with someone against their will. It is typically done through force, threat, or when the individual is mentally incapacitated or physically helpless. Additionally, sexual contact with a child aged 13 to 14 carries severe legal implications.

Other acts punishable include object penetrative sex, aggravated sexual battery, sexual battery, and abuse of a child. The state also imposes penalties for attempted carnal offenses. This means that even if the intended act was not completed, individuals can still be prosecuted and punished for their attempt to commit such an offense.

With this basic understanding of sex crimes in Virginia, you may wonder what factors can contribute to getting falsely accused. The causes of such crimes are more diverse than commonly believed.


The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

Legal representation is crucial when dealing with serious allegations like sex crimes. Such accusations can significantly impact your life, irrespective of your social standing.

Supervisors falsely accused of sexual harassment by a retaliating subordinate for a workplace dispute may need legal counsel. Those wrongly charged with child pornography due to malware or hacking attacks can similarly find themselves in need of legal representation.

A defense attorney is crucial if you find yourself in these dire circumstances. They help safeguard your rights, ensure fair treatment under the law, and ultimately assist in clearing your name.


The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

Seek Legal Guidance From The Irving Law Firm
The Irving Law Firm provides legal counsel and representation for individuals involved in theft-related cases. Based in Manassas, Virginia, the firm’s local knowledge is crucial for navigating theft cases within the state’s legal framework. They take pride in having a seasoned team and offer strategic defense strategies tailored to your unique circumstances.

This legal partner’s track record of success demonstrates their adeptness in navigating legal intricacies and securing favorable results for you. Seeking legal guidance from them for theft-related cases ensures a comprehensive defense strategy.

The firm’s seasoned criminal lawyer’s flexibility and availability reinforce their commitment to providing exceptional legal representation. You can trust them to navigate the difficulties of theft cases and safeguard your rights with dedication and proficiency.

Summary
Understanding the types of theft charges, from larceny to robbery, is vital. Their penalties depend on several factors, like the value of the stolen property and criminal history. While effective defenses exist, such as claiming ownership or lack of intent, you may still be susceptible to common pitfalls.

To successfully face theft charges, avoid speaking to law enforcement alone and underestimating the charge’s seriousness. Instead, seek the guidance of a lawyer for theft from firms like The Irving Law Firm for personalized strategies and legal support.



The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

Individuals convicted of theft charges in Virginia face severe consequences. There is no room for mistakes in such serious cases. Here are some errors to avoid when dealing with theft charges.

Failing To Hire An Experienced Attorney
One of the critical errors to avoid is not hiring an experienced lawyer for theft to represent you. A skilled attorney can safeguard your rights, develop a robust defense strategy, and represent you effectively in court. Additionally, they can offer helpful advice and assistance every step of the way through the legal proceedings. An experienced lawyer is your ally as you face the challenges brought by these criminal charges.

Talking To Law Enforcement Without Legal Representation
Talking to law enforcement in the absence of legal representation can pose risks. Anything you disclose may be used against you in court. Thus, it’s wise to exercise your right to remain silent to safeguard your interests. Then, wait for legal counsel before discussing your case with law enforcement. Your lawyer can walk you through the situation and advise on what to say.

Underestimating The Seriousness Of The Charge
Theft charges can have significant consequences, including fines, probation, and jail time. However, the penalties depend on the circumstances and the value of the stolen property. It is crucial not to underestimate the seriousness of the situation and to take the charges seriously from the beginning.

Pleading Guilty Without Considering Your Options
Pleading guilty without fully understanding your legal options is a mistake. Consider potential defenses and weaknesses in the prosecution’s case that could result in a favorable outcome for you. Consulting with an experienced lawyer for theft is crucial to assess your case and determine the best course of action.

Discussing Your Case On Social Media
Talking about your case on social media can harm your defense. Anything you publish online can be used against you in court. It is essential to avoid discussing the details of your case or making any statements. These could be interpreted negatively by the prosecution.

Avoiding these mistakes can amplify your chances of a favorable outcome when charged with theft in Virginia. Thus, seeking assistance from a criminal law firm can help safeguard your rights during the legal proceedings.



The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

In theft cases, lawyers play a pivotal role in ensuring you receive fair treatment under Virginia law. Their responsibilities encompass conducting thorough investigations, scrutinizing evidence, interviewing witnesses, and reviewing pertinent documentation. Lawyers conduct comprehensive investigations to gather vital evidence and identify potential defenses to strengthen your case.

Beyond investigation and defense strategy, lawyers for theft represent you in court proceedings, such as hearings and trials. They adeptly present arguments, cross-examine witnesses and advocate for you before judges or juries. Lawyers use their knowledge to challenge evidence and win your case.

These legal professionals aim to uphold your rights by carrying out these duties. They will diligently work so you can fully comprehend theft charges and their implications.




The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

Why Seek The Help Of The Irving Law Firm?
Getting legal representation is a crucial step in confronting criminal accusations. Maneuvering through the intricacies of the legal system independently can be daunting. Thus, the skills of an adept criminal defense lawyer can significantly influence the resolution of your case.

By getting representation from The Irving Law Firm, you can leverage their extensive knowledge of the legal system. Other benefits include a personalized approach to each case and a commitment to advocating your rights and interests. Whether you are facing murder charges or any other criminal allegations, having a reputable law firm like The Irving Law Firm can make a significant difference.

Summary
Understanding Virginia’s legal framework is crucial for defending against murder charges. Defense strategies like self-defense, alibi, insanity plea, and lack of intent challenge the prosecution’s case, asserting innocence or mitigating culpability.

You can mount a solid strategy to protect your reputation and future with proper guidance and representation from a criminal defense lawyer. Seeking representation from reputable firms like ILF offers murder defendants the necessary knowledge, advocacy, and support for a fair resolution.

About the Author: The Irving Law Firm - John Irving

John Irving brings a working knowledge of all aspects of the legal process to any case or client with his extensive and eclectic legal background. In 1997, John received his undergraduate bachelor’s degree in criminal justice. Shortly after graduation he began work as a fraud investigator for the City of New York. John handled thousands of cases involving welfare and housing fraud. Following this position, he was recruited to and employed by the Prince William County Police Department where he exhibited his superior abilities and received several commendations and awards.


The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

When facing a murder charge, you have the right to mount a defense against the allegations. Here are common defense strategies allowed under the laws.

Self-Defense
Self-defense is a recognized legal principle that permits individuals to employ appropriate force to safeguard themselves and others from immediate harm or danger. To effectively assert self-defense in a murder case, you must demonstrate that:

You reasonably believed that they or another person was facing an imminent threat of death or severe physical injury.
You used only the amount of force necessary to defend against the threat.
You did not instigate or provoke the confrontation.
Virginia’s self-defense laws differ from those of “stand your ground” states. Residents can stand their ground if in immediate danger and not at fault. They can use force, but not if they start the conflict.

Alibi
An alibi defense argues that you were in a different location when the crime occurred. Therefore, you could not have been involved in the alleged crime. You must provide credible evidence, such as witness testimony, surveillance footage, or documentation, to support your claim of being in a different location at the time of the crime.

Virginia’s criminal procedure allows defendants to notify the prosecution of their intent to rely on an alibi defense. Additionally, they must provide notice of any alibi witnesses they plan to call at trial.

Insanity Plea
To plead insanity, you need to demonstrate that you could not comprehend the nature and consequences of your actions at the time of the offense. You may also argue that you were unable to discern right from wrong due to a mental illness or defect.

Successfully pleading insanity requires expert testimony from mental health professionals to establish the defendant’s mental state during the offense. If the defense prevails, you may not be guilty because of insanity. Instead, you may be subject to involuntary commitment or treatment rather than imprisonment.

Mistaken Identity
Mistaken identity happens when an individual is incorrectly identified as the culprit of a crime. This is often due to flaws in eyewitness accounts, surveillance recordings, or other forms of evidence. It can result in unfounded allegations and convictions if not effectively handled during legal proceedings.

Lack Of Intent
In some cases, you may argue that you did not intend to commit the unlawful act you are charged with. For example, in a murder case, you might say that the killing was accidental or that you lacked the specific intent to kill or cause serious harm. A lack of intent defense may involve presenting evidence of mitigating circumstances or challenging the prosecution’s evidence of intent.

These common defense strategies allow defendants to challenge the prosecution’s case, assert their innocence, or mitigate their culpability. They require careful planning, investigation, and evidence presentation by qualified legal representatives in court.


The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

A legal partner is a steadfast ally who ensures you receive fair treatment throughout the legal process. These legal professionals shine a light on the complexities of the legal system and help you navigate the turbulent waters ahead. They are your advocate, tirelessly protecting your rights and ensuring you receive a fair trial.

Additionally, a criminal defense lawyer investigates every nook and cranny of your case to uncover evidence and build a robust defense strategy. Their skills challenge the prosecution’s narrative, strive to cast doubt and secure the best possible outcome. If you seek legal counsel from a defense attorney, you can understand your situation and effectively deal with a murder charge.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

Why Seek Help From The Irving Law Firm?
Navigating fair division in divorce demands skills and sensitivity. The Irving Law Firm provides invaluable guidance, ensuring equitable outcomes while mitigating emotional strain. Their experienced attorneys offer tailored strategies and advocate for your rights throughout negotiations or court proceedings.

With access to resources like financial professionals, they accurately assess asset values and address complex economic considerations, safeguarding your interests. Moreover, their compassionate support alleviates the burden, fostering a seamless transition to post-divorce life.

Trusting The Irving Law Firm ensures you have the support and knowledge to navigate this challenging process confidently and consistently. With their passion and dedication, they meticulously guide you through each step, ensuring the protection of your rights and interests.

Summary
Navigating fair division in divorce can be emotionally taxing, but with strategic approaches, it becomes manageable. Hiring a competent property division lawyer ensures equitable distribution of marital assets.

These lawyers employ strategies such as accurate valuation, debt responsibility acknowledgment, and consideration of tax implications to ensure fair distribution.

Considering these, ILF provides invaluable guidance, safeguarding your interests and fostering a smoother transition post-divorce. Trusting their skills and commitment ensures confident navigation of this complex process, ensuring you achieve the most favorable results.



The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

In divorce law, equitable distribution aims to fairly allocate assets acquired during the marriage. It considers each spouse’s contributions, financial circumstances, and future needs. This process typically involves identifying and valuing various types of assets. It aims to facilitate an equitable division that reflects the principles of fairness and justice.

Real estate assets. This includes properties such as houses, land, vacation homes, and commercial buildings acquired during the marriage.
Bank deposits. Money held in savings accounts, checking accounts, certificates of deposit (CDs), and other banking instruments are marital assets if acquired during the marriage.

Investment portfolios. Any investments made during the marriage, such as stocks, bonds, mutual funds, and brokerage accounts, fall under this category.

Business holdings. The value of a business can be subject to equitable distribution if either spouse owns a business or has a stake in a business acquired during the marriage. The process may involve appraising the company and determining each spouse’s share.

Intellectual property. Intellectual property assets encompass patents, copyrights, trademarks, and royalties. These are considered marital property if acquired during the marriage.

Courts will assess each asset’s value, contribution to the marriage, and any applicable legal considerations in divorce or separation. Understanding the process of dividing assets is crucial to ensure fair outcomes for both parties.


The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

When navigating property division, it is essential to consider multiple factors to guarantee a just and equitable distribution. Doing so involves navigating intricate legal frameworks and assessing the contributions and needs of each party. These considerations shape the outcome of property settlements.

Length Of Marriage
The duration of the marriage is vital in property division because it reflects the extent to which the spouses’ lives and finances have become intertwined. In longer marriages, the courts often aim for a more equal distribution of assets to ensure that both parties can maintain financial stability.

A longer marriage typically means that one spouse may have sacrificed career opportunities or earning potential to support the household or raise children. That said, an equitable division of assets helps compensate for these contributions and sacrifices.

Contributions To Family Welfare
Beyond financial contributions, courts also consider each spouse’s non-monetary contributions to the household and family. You may also consider non-financial factors, such as caregiving, homemaking, and supporting the other spouse’s career advancement. When determining the equitable distribution of property, the court weighs these contributions alongside financial input.

Income & Earning Potential
Courts analyze each spouse’s income and future earning potential, with disparities influencing property division. They may also consider factors like education, professional qualifications, and career prospects to ensure a fair settlement.

Health & Age Of Parties
The court aims to maintain the standard of living the couple had throughout the marriage. This involves assessing the lifestyle both spouses enjoyed and striving to provide each with a similar standard post-divorce.

Tax Implications
Courts carefully consider the associated consequences when allocating assets. By assessing the tax implications of different assets, it strives to achieve an equitable distribution. This minimizes tax liabilities for both parties involved.

Understanding the factors influencing property division sets the stage for delving into the specifics of assets subject to equitable distribution. Identifying which property is subject to division and how they are valued is crucial in ensuring a fair settlement.



The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

Hiring a lawyer is essential in navigating complex laws and ensuring awareness of your rights and obligations. With their objective advice, they can assist in negotiating a settlement without being influenced by emotions.

Utilizing negotiation skills, they can also advocate for your interests. Lawyers can mediate disputes and protect your rights throughout the process. In cases where negotiations fail, they provide crucial representation in court, present evidence, and argue your case effectively.

A skilled lawyer protects your interests, ensuring you receive what is rightfully yours at the end of your marriage. This leads to an important question – what determines the division of property? Learn about the factors that typically influence property division in a divorce.


The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

Seek The Assistance Of A Drug Possession Lawyer
The Irving Law Firm in Manassas, Virginia, stands out as a dependable support if you face drug possession charges. Their lawyers ensure you feel informed and empowered throughout the legal process. They approach each case with diligence, compassion, and a commitment to safeguarding your rights.

You can rely on the firm to clearly and concisely explain your rights, legal options, and potential outcomes. The firm ensures your confidence in making decisions by keeping you informed and involved. With their guidance and support, you can face this challenge boldly and strive for a favorable outcome.

Summary
The Irving Law Firm provides legal guidance on your rights, such as receiving counsel, remaining silent, a fair trial, confronting witnesses, and due process. The firm can defend you against drug possession charges by challenging the search’s legality, asserting a lack of possession, and scrutinizing the custody chain.

Additionally, lawyers can strengthen the case by establishing claims of entrapment and contesting the accuracy of testing results. To minimize or dismiss charges, seeking the assistance of a qualified lawyer is crucial in navigating the legal complexities effectively. They can provide guidance, develop strategic defenses, and advocate on your behalf in court.



The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

Let The Irving Law Firm Help You
When considering an equitable distribution during divorce in Manassas, Virginia, contact The Irving Law Firm. Their experienced attorneys deeply understand distribution law and their application in your state. They work tirelessly to safeguard your interests and ensure you achieve a fair distribution of marital property. These attorneys offer advice drawn from their extensive experience with similar cases.

The team effectively classifies your assets and debts as separate or marital property. They consider all relevant factors, including your economic situation, contributions made during the marriage, and any child custody arrangements. The aim is to attain a resolution that provides financial security and peace of mind as you move forward.

Summary
Navigating the legal process alone is impossible. Thus, having a property division attorney by your side is invaluable. They can assist you in navigating equitable distribution and its aspects. These encompass fair asset allocation, recognizing individual contributions, accommodating unique circumstances, and reducing conflict.

Attorneys at The Irving Law Firm offer personalized assistance and support, guiding you through the complex process. These include gathering documentation, communication and transparency, mediating, seeking legal advice, and keeping things civil. The firm ensures clients receive personalized guidance and advocacy to achieve their desired outcomes.



The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

In Virginia, divorces undergo equitable distribution. It recognizes the various contributions spouses make to a marriage, both financial and non-financial. Understanding the process can help you divide marital assets and liabilities fairly. Consider the following key points.

Fair Allocation Of Marital Assets
Fair allocation refers to the equitable division of assets acquired during the marriage between divorcing spouses. This process involves determining how assets such as real estate, vehicles, bank accounts, investments, and personal belongings will be divided. It aims to have a balanced distribution recognizing each spouse’s efforts and sacrifices and does not always end with a 50/50 split.

Consideration Of Individual Contributions
Considering individual contributions involves acknowledging each spouse’s unique efforts and inputs throughout the marriage. It includes financial and non-financial elements like homemaking, childcare, and supporting the partner’s career or education. By doing so, courts can ensure a fair division of properties throughout the marriage.

Flexibility For Unique Circumstances
Courts can customize asset division to suit the unique circumstances of each divorce case. This means that judges have the authority to consider various factors when determining the separation of marital property.

These aspects include the length of the marriage, individual financial situations, and contributions of each spouse. This approach promotes fairness, equity, and, ultimately, justice in the dissolution of marriage.

Minimization Of Conflict
Minimizing conflict means reducing disputes and disagreements between divorcing spouses during asset distribution. This principle encourages cooperation and compromise to facilitate a more amicable resolution. It reduces emotional and financial strain from prolonged legal battles and promotes a constructive post-divorce environment.

Understanding how this process works in Virginia is crucial for anyone going through marriage dissolution. It helps you navigate divorce effectively, ensuring awareness of your rights and responsibilities. With this, you can lay the groundwork for managing asset allocation and explore practical tips for fair distribution.


The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

Marital and separate property represent distinct categories of assets with significant implications for divorce proceedings. Marital assets include those acquired by either spouse during the marriage, regardless of ownership titles. It also encompasses income earned, real estate purchased, investments, and other acquisitions.

Meanwhile, individual property includes assets owned before marriage, inheritances, gifts to one spouse, or those specified in a prenuptial agreement. These properties typically remain with the owning spouse and are not subject to division in divorce. However, it’s essential to maintain clear documentation and separation to prevent disputes when a marriage ends.

Understanding the distinction between marital and individual property lays the foundation for effectively navigating divorce proceedings. From there, recognizing the significance of equitable distribution laws in Virginia becomes important for ensuring a fair division of assets.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

Equitable distribution governs the fair division of marital assets and liabilities during divorce, considering each spouse’s contributions and financial situation. Longer marriages often mean fairer asset division, considering the extended period of mutual contribution and effort.

Courts consider factors like post-divorce financial needs, including earning capacity, health, age, and employability. This ensures both spouses can still enjoy a reasonable living standard after the divorce. The entire process involves legal steps and can result in various complications. Therefore, seeking assistance from a qualified attorney can greatly benefit individuals navigating the complexities of divorce.

These legal professionals are skilled in handling assets division, ensuring your rights are protected. They collaborate closely with clients, tailoring strategies to achieve a fair outcome depending on your unique circumstances and objectives.

Property division lawyers’ skills in family law and negotiating property settlements offer invaluable guidance and representation. They can help you understand the intricate distinction between marital and individual properties during divorce proceedings.


The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

Work With The Irving Law Firm In Manassas
Marriage can be challenging and complicated, but it doesn’t have to be worse when going through a divorce. The team of experienced lawyers from The Irving Law Firm can offer quality legal advice on dividing marital assets and liabilities. They ensure you receive a fair share of the marital property, including real estate, investments, bank assets, retirement accounts, and personal property.

A Manassas divorce lawyer can help you navigate complex financial matters, such as determining the value of assets, assessing tax implications, and identifying hidden or undisclosed assets. By conducting a thorough analysis and investigation, they can uncover any attempts by the other party to conceal assets or manipulate financial information.

The Irving Law Firm can negotiate on your behalf to reach a settlement agreement that protects your financial interests. This may involve negotiating terms to guarantee that your financial needs are fulfilled during and after the divorce. By leveraging their skills and experience in family law, the firm can help you achieve a fair and favorable resolution.

Summary
Divorce can be messy, but dragging financial disputes into the mix only worsens it. Various complications arise, especially when dealing with property division. Some factors that affect its outcome include the length of time you were married and each spouse’s contribution and earning capacity.

You can use several methods to protect your financial interests and mitigate the stress of divorce and its legal implications. Hiring an experienced Manassas divorce lawyer can help you accurately value assets, negotiate settlements, and safeguard business assets. As your legal ally in divorce, ILF provides reliable legal support in seeking an equitable and advantageous settlement.




The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

Protecting your financial interests in a marriage dissolution can be particularly difficult. Employing the right strategies is essential to ensure a fair division of assets and safeguard your financial well-being. Here are some ways to protect your financial interests.

Hire An Experienced Property Division Lawyer
During divorce proceedings, hiring a seasoned Manassas divorce lawyer is crucial. Working with a skilled attorney ensures accurate asset valuation and fair division according to the law. They bring legal knowledge to uncover undisclosed assets and protect your financial interests.

Value Assets Accurately
In high net-worth divorces, the accurate valuation of assets becomes paramount. This valuation process thoroughly examines financial records, property appraisals, and other relevant documentation. By doing so, you can avoid disputes over the distribution of assets and secure your fair share of the marital estate.

Negotiate A Settlement
Rather than engaging in costly litigation, pursuing negotiation for a settlement can often be a more favorable option. Through strategic bargaining, you may be able to reach mutually acceptable terms regarding asset division and spousal support. This approach saves time and allows you to retain greater control over the outcome of your divorce.

Protect Your Business Interests
For individuals with ownership interests in businesses, safeguarding those assets is of utmost importance when dealing with divorce. This may involve a business valuation, asset protection strategies, or buyout negotiations with your spouse. Proactively protecting your business assets minimizes the impact of divorce on your entrepreneurial ventures and financial stability.

These tactics are necessary to guarantee a just and fair allocation of assets with the help of a lawyer. Therefore, relying on an experienced law firm is crucial to protecting your property during divorce, particularly in high net-worth cases.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

A knowledgeable divorce lawyer can provide invaluable support during an emotionally and financially taxing divorce. This legal ally can represent you to guarantee your rights are protected and that you secure a fair settlement. They can assist in safeguarding your finances and achieving an equitable asset division to mitigate the stress of this legal matter.

A Manassas divorce lawyer can help you manage your finances effectively throughout the legal process. They can guide you in creating an inventory of assets and debts to ensure fair division of marital property. Furthermore, a skilled attorney can recommend practical strategies to protect your financial interests during and after the divorce.

For instance, they can assist in analyzing the tax implications of asset division to minimize financial burdens. They may also recommend strategies such as obtaining professional business valuations to ensure an accurate assessment of marital assets. Moreover, they can help negotiate spousal support or alimony to mitigate post-divorce financial disparities.

These professionals will help you establish a financial buffer in case of unforeseen expenses or changes in circumstances. Addressing these aspects enables a smoother transition after the divorce to equip you with resources for a secure financial future. They will diligently assist you in navigating marriage dissolution regardless of the type of divorce you’re going through.


The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

Even when there’s insufficient evidence to prove you were driving or in control of a vehicle, you could still face DUI charges. This situation can arise despite not being behind the wheel during arrest. Jurors weigh various factors to assess whether you pose a risk. Having keys in the ignition or the engine running might not imply actual control.



The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

Law enforcement officers must administer standardized field sobriety tests to be considered reliable indicators of impairment. Tests like the Finger to Nose or Rhomberg-Modified balancing tests may not be recognized or accurate for all individuals. Attorneys can challenge these tests, mainly if no bad driving reports are observed or tests were improperly administered.



The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

Police must have a reasonable basis for stopping a driver. They can exclude evidence acquired through an unlawful stop. Upheld by the Fourth Amendment, this protection shields you from unreasonable searches and seizures. This mandates officers to justify stops with objective reasons rather than mere hunches.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

Accused individuals can utilize this option if they believe there was a violation of their right to legal representation during the legal process. This defense strategy asserts that without access to legal guidance, evidence may be unlawfully obtained. The burden is on the state to prove that the denial did not interfere with the investigation. This defense aims to ensure a fair trial and can lead to the suppression of evidence or the dismissal of charges if the denial significantly impacts the case.



The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

Accused individuals can utilize this option if they believe there was a violation of their right to legal representation during the legal process. This defense strategy asserts that without access to legal guidance, evidence may be unlawfully obtained. The burden is on the state to prove that the denial did not interfere with the investigation. This defense aims to ensure a fair trial and can lead to the suppression of evidence or the dismissal of charges if the denial significantly impacts the case.


The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

In Virginia, charges of driving under the influence can carry severe consequences. It includes license suspension, fines, and even jail time. Therefore, you must understand your rights and available defense strategies. By employing effective legal tactics, you can mitigate the impact of the charges and potentially secure a more favorable outcome.

Challenge The Evidence
DUI cases often rely on evidence such as breathalyzer results, field sobriety tests, and officer observations. Your attorney can scrutinize this evidence for inconsistencies or procedural errors that could weaken the prosecution’s case.

Breathalyzers may not always provide accurate readings of blood alcohol levels. This is due to the difference between alcohol levels, variations in physiology, body temperature, and instrument error. Consulting with a forensic toxicologist and your DUI lawyer can help identify issues with breath testing.



The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

DUI Defense Strategies:
In Virginia, charges of driving under the influence can carry severe consequences. It includes license suspension, fines, and even jail time. Therefore, you must understand your rights and available defense strategies. By employing effective legal tactics, you can mitigate the impact of the charges and potentially secure a more favorable outcome.

Challenge The Evidence
DUI cases often rely on evidence such as breathalyzer results, field sobriety tests, and officer observations. Your attorney can scrutinize this evidence for inconsistencies or procedural errors that could weaken the prosecution’s case.

Breathalyzers may not always provide accurate readings of blood alcohol levels. This is due to the difference between alcohol levels, variations in physiology, body temperature, and instrument error. Consulting with a forensic toxicologist and your DUI lawyer can help identify issues with breath testing.

Argue On The Denial To Legal Counsel
Accused individuals can utilize this option if they believe there was a violation of their right to legal representation during the legal process. This defense strategy asserts that without access to legal guidance, evidence may be unlawfully obtained. The burden is on the state to prove that the denial did not interfere with the investigation. This defense aims to ensure a fair trial and can lead to the suppression of evidence or the dismissal of charges if the denial significantly impacts the case.

Illegal Stop
Police must have a reasonable basis for stopping a driver. They can exclude evidence acquired through an unlawful stop. Upheld by the Fourth Amendment, this protection shields you from unreasonable searches and seizures. This mandates officers to justify stops with objective reasons rather than mere hunches.

Invalidity Of Field Sobriety Tests
Law enforcement officers must administer standardized field sobriety tests to be considered reliable indicators of impairment. Tests like the Finger to Nose or Rhomberg-Modified balancing tests may not be recognized or accurate for all individuals. Attorneys can challenge these tests, mainly if no bad driving reports are observed or tests were improperly administered.

Lack Of Evidence Of Driving Or Control
Even when there’s insufficient evidence to prove you were driving or in control of a vehicle, you could still face DUI charges. This situation can arise despite not being behind the wheel during arrest. Jurors weigh various factors to assess whether you pose a risk. Having keys in the ignition or the engine running might not imply actual control.

Employing effective defense strategies is paramount in facing DUI charges. With The Irving Law Firm attorneys by your side, you can confidently confront your legal challenges. Their dedicated team will tirelessly advocate for your interests, ensuring you have a solid defense to protect your rights.



The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

When dealing with DUI charges, knowing and exercising your rights can significantly affect your case’s result. Your defense lawyer will help you become familiar with these rights to ensure fair treatment.

Right To Remain Silent
With this, you are not obligated to answer any questions related to your drinking, where you were, or your actions before or after being stopped by the police. It’s essential to politely assert this right by clearly stating that you wish to remain silent until you can speak with an attorney.

Right To Legal Representation
From the moment of your arrest, you have the right to consult with an attorney and to have one present during questioning and all legal proceedings. This right ensures that you are fully informed of the law, your rights, and the legal strategies that may be available.

Right To A Public Trial
The Sixth Amendment guarantees your right to a speedy and public trial. This also allows you the right to an impartial jury. Here, a jury will assess the evidence and determine if the prosecution has sufficiently proven your guilt beyond a reasonable doubt.

Right To Confront Witnesses
You have the right to question witnesses who testify against you in court. This cross-examination allows your defense team to challenge the credibility and reliability of the evidence presented against you. It’s a fundamental aspect of the adversarial system, designed to ensure that only valid and thoroughly scrutinized evidence is considered.

Right To Present Evidence
As a defendant, you can introduce your evidence and witnesses. This might include testimony from a witness who was with you at the time, expert witnesses to dispute the accuracy of blood alcohol content (BAC) tests, or evidence that supports your version of events. You also have the right to decide whether or not to testify on your behalf, though choosing to do so could subject you to cross-examination by the prosecution.

Right To Refuse Field Sobriety Tests
Before you are arrested, you can refuse to participate in field sobriety tests without direct legal penalties. However, after arrest, implied consent laws usually require you to submit to official testing, and refusal at this stage can lead to automatic license suspension and other penalties.

Right To Be Presumed Innocent
The presumption of innocence is a cornerstone of the American legal system. You are considered innocent until proven guilty. The prosecution should establish your guilt beyond a reasonable doubt, a demanding standard requiring compelling evidence. This ensures that the burden of proof is on the prosecution, not the defendant.

Understanding these rights can help you deal with the complexities of a DUI case and protect your interests. Consulting with a skilled DUI attorney is crucial in making informed decisions. Also, they can craft defense strategies to ensure a favorable outcome for your case.



The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

DUI in Virginia carries severe consequences and strict enforcement. An individual is deemed driving under the influence if their blood alcohol concentration (BAC) level is 0.08% or higher. You can also be charged with this crime if you are operating a vehicle under the influence of drugs, impairing your ability to safely drive.

The penalties for such conviction in Virginia depend upon the circumstances. First-time offenders face up to one year in jail, a fine of up to $2,500, and a one-year driver’s license suspension. The consequences escalate with subsequent offenses, potentially including longer jail time, higher fines, and extended license suspensions.

Virginia also imposes an implied consent law, meaning drivers automatically consent to BAC testing when driving on Virginia roads. Refusing to comply with a breathalyzer test can incur additional penalties, including license suspension.

Navigating the laws requires understanding these critical details to avoid long-term impacts on one’s life and livelihood. Therefore, it is essential that you know your rights when facing such charges or accusations.

Know Your Rights When Facing Charges
When dealing with DUI charges, knowing and exercising your rights can significantly affect your case’s result. Your defense lawyer will help you become familiar with these rights to ensure fair treatment.



The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

How A DUI Lawyer Helps With Your Case

DUI pertains to driving a motor vehicle under the influence of drugs or alcohol. Being guilty of this charge can lead to strict penalties such as fines, license suspension or revocation, and mandatory education or treatment programs. It can also include jail time for repeat offenders. Additionally, aggravating factors like accidents causing injury or death can lead to enhanced penalties in drunk-driving cases.

A defense lawyer is instrumental in navigating the complexities of such cases and striving for favorable outcomes. They bring profound knowledge of DUI laws and regulations.

Attorneys can formulate potential defenses, negotiate plea bargains, and assess sentencing options. They also carefully examine the circumstances of the arrest, including the traffic stop, field sobriety tests, and chemical tests. This is so they can find weaknesses in the prosecution’s case.

Moreover, they enlighten you on relevant cases in Virginia. Understanding their legalities can help you avoid other situations that can get you into trouble.


The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110

A conviction for a first-offense DUI in Virginia likely will affect both your bank account and your driving privileges.

A DUI – for operating either a motor vehicle, boat or watercraft while under the influence of alcohol or drugs – qualifies as a class 1 misdemeanor in Virginia. A first-offense DUI typically carries a fine ranging from $250 to $2,500 and a license suspension of one year. In order to regain your license after the one-year suspension, you must first complete an alcohol safety and education program, which involves a minimum of 20 hours of education during a 10-week period.

Sometimes, a driver convicted of a DUI will be allowed restricted driving privileges, which allows them to travel for purposes such as work, health care or delivering children to school. In those cases, an ignition interlock device will be installed on their vehicle that tests the driver’s blood-alcohol concentration (BAC) before the vehicle will start.

A conviction can carry additional consequences if there are other components to the incident that heighten its seriousness, such as if the driver had a particularly high BAC level. The legal threshold for DUI in Virginia for a driver over the age of 21 is a BAC of .08. If a DUI first offender measures a BAC of .15, then the punishment will also include a mandatory minimum jail stay of five days. A BAC of .20 or higher will lead to a mandatory minimum incarceration of 10 days. In addition, motorists whose BAC exceeds .15 must use an ignition interlock device once their license is reinstated and they are back behind the wheel.

Another possible piece that can increase the punishment in Virginia is the presence of a minor as a passenger in the vehicle when the DUI offense occurs. If that is the case, the conviction carries a mandatory incarceration of five days and the fine amount is boosted at least $500, though it remains a class 1 misdemeanor and the total fine ultimately cannot exceed $2,500.

A DUI in Virginia charge can be elevated from a class 1 misdemeanor if someone was injured or killed in an accident caused by the driver who was under the influence. In this event, even for a first-time offender, the charge could be a class 6 felony, which carries a possible jail sentence of between one and five years and a maximum fine of $2,500. In addition, the charge carries with it a mandatory license revocation of up to three years. If someone is seriously injured they can charge the person with an additional offense of 1-5 years but if the person is killed they can add an additional charge of 1-10 years or 1-20 years depending on whether the person’s actions showed a reckless disregard for life.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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It is very likely that the birth mother may not live in Virginia. Because people travel between states so frequently, it comes as something of a surprise to many people that this makes a big difference in adoption. Adoption law is almost entirely state law, and differences in the laws between the states are very substantial. The fact that the birth mother lives in another state does not jeopardize the adoption, but it does add a significant layer of additional laws to be complied with.

If you receive a call from a birth mother in another state, you should be prepared to hop on the next flight to go meet her. From my experience, distances createsin themind of the birth motehr a certain doubt about how serious you are. She may find it much easier to change her mind if you are not in her state. By going to meet her, you make it clear to her that distance is not a problem and that you will do whateer it takes to make the adoption work.

Because there are 51 different systems of adoption in the United States, and because it matters a great deal which state is the sending state and which is the receiving state, there are different strategies that can be used. You should be prepared to retain a competenet adoption attorney in the birth mother’s state as soon as possible after a preliminary understanding with the birth mother has been reached. Your Virginia attorney will speak with the attorney in the sending state and a plan will be reached as to how the legal requirements can best be satisfied. Because you need an adoption attorney in both states, interstate adoptions are somewhat more expensive.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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While the primary purpose of your initial conversation with the birth mother is for her to find out about you, there are plenty of things you need to find out about her. It is important to remember, that your attorney should obtain from the birth mother a Social and Medical History form which is very extensive and which will provide many detailed items of medical and genetic information which you and your child’s pediatrician will need to have. It also asks important questions about use of drugs or alcohol during pregnancy. For this reason, you should not press the birth mother if she seems uncomfortable providing any of this information up front. You do not want to alienate her by unnecessary personal questions.

The most important things to find out in the first conversation are the following:

1. How far along in her pregnancy is she?

2. Has she received medical care?

3. How much has she thought about adoption and how committed to it is she?

4. Does her family know about her pregnancy and her adoptive paln, and are they supportive?

5. Would it be helpful to her to receive counseling at this point?

6. Does the birth father know about the pregnancy and the adoptive plan?

7. Is the birth father going to be supportive and willing to consent?

8. Will the birth father’s family be supportive?

9. What immediate needs does she have?

10. In what state and general area does she live?

11. Has she spoken with a lawyer or other adoption professional?

Remember, this should be a conversation which is as relaxed as possible and which is supportive of her emotional needs.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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There is a natural fear of revealing personal information to a stranger. You might feel you should not have to do this. While the feeling is understandable, it is simply something you will have to overcome. A birth mother has a right to know cerain things about you. In fact, she needs to know these things in order to make an informed decision. There are a few rules to remember, however, in deciding what is appropriate to reveal and what is not.

She needs to know generally where you live. She does not need to know the address.

She needs to know you earn a sufficient income to support a child. She does not need to know the exact amount.

She needs to know about your education and what you do for a living. She does not need to know the name or address of your employer.

She needs to know a little bit about your families of origin. She does not need to know their names of addresses.

She needs to know your beliefs. She does not need to know the name of the particular church you attend.

She needs to know what your plans are for the child and that you have sufficient assets to provide for those plans. She does not need to know who much money have have in the bank.

She needs to know that you are healthy. She does not need to know your medical history.

She needs to know that you are morally fit. She does not need to know if you were ever arrested for a misdemeanor or a traffic offense.

She may want to know if you are willing to have continuing contact with her in some manner in the future. (See later blog on Open Adoptions). She does not at this time need a commitment to any particulars.

Keeping the above in mind, you should be able to determine what is appropriate to reveal with respect to other questions that might arise.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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Perhaps the most important thing which you must accomplish in your first conversation with the birth mother is to make her feel that you really care about her. You will find this hard to do if you do not really mean it.

Remember, she is a young woman going through a crisis in her life. She does not need anyone to tell her that she really messed things up; she already knows this. She is probably feeling very bad about herself and her circumstances and may even be depressed. She may feel abandoned by her family have no one to turn to. she is probably afraid and may not know how she is going to pay her bills. She may even be desperate. What she wants to know more than anything is that you really care about her and that you really want to help her. She isn’t looking for you to be her best friend. She just wants you to convince her that you are ready and willing to help her through her crisis.

But she also wants to know that you really want to be parents and that you really want to love and provide for her child.

A compassionate person is a good listener. Let her complete everything she needs to say. Don’t cut her off because of your agenda for the conversation. Be prepared to ask questions which help her to say what she needs to say. You might ask her if her family is aware of the pregnancy, and if she has anyone to help her. Ask her what her greatest needs are.

Be wise to the fact that some birth mothers may try to get you to pay for things you are not allowed to pay for under the law. There are people who are simply trying to faudulently obtain money, but in my experience these people represent a very small percentage of birth mothers. It is far more likely that a birth mother may simply not understand what is appropriate and be driven by a sense of desperate need. She may see nothing wrong with asking you to make her car payment or pay her telephone bill. You must be able to gently explain to her that you are familiar with satate adoption law and that your attorney has advised you that there are only a few things you are allowed to pay for. You may want to tell her that you will have to check with your attorney, in order to avoid cutting her off.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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As your conversations with the birth mother continue, you will want to work through several important issues.

First, you will want to be sure that the birth mother receives appropriate prenatal care. This is one of several things which adoptive parents are allowed to pay for. If the birth mother has health insurance coverage or is eligible for Medicaid, assistance may not be an issue. If the birth motehr has had no care up to the time when you meet with her, you may have the opportunity to choose a physician in whom you have particular confidence. In some cases, the birth mother may need help with transportation for medical appointments. It is perfectly appropriate for you to drive her there. Some birth mothers may allow the adoptive mother to participate in her discussion with the physician.

Second, you will need to address the issue of the birth mother’s need for housing and food prior to and subsequent to her delivery. Virginia allows you to pay for room and board only during the period of time covered by a written statement from the birth mother’s physician to the effect that she is unable to work because of the pregnancy. In my experience, doctors are generally willing to make such a written statement covering approximately four to six weeks prior to and subsequent to delivery.

Third, you should ask the birth mother if she would like to receive counseling concerning her decision, and you should be willing to pay for it if necessary. She will receive some limited counseling from the social worker who conducts the Home Study, but she may need a good deal more than this. Far more birth mothers accept counseling after delviery of the child and placement with the adoptive family, than receive counseling prior to delivery. Many birth mothers go through very difficult post partum and grieving issues after delivery and placement.

It is important to realize that not every professional counselor is qualified to deal with unique adoption issues. Your adoption attorney is your best source of referral for counselors who are qualified in this area.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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In your initial discussions with the birth mother, it is probable that at some point you will talk about what contact or information she would like to have in the future. You should be prepared for this discussion.

People’s attitudes about future contact with birth parents vary a great deal. There are those who still want no contact at all, and there are those who think that frequent visits with birth parents is always a good thing. The truth is that there is no right answer for everybody. You have to decide what you are genuinely comfortable with. Some birth parents are easier to work with than others.

It is not required that whatever future arrangement is agreed to be made legally binding. But what is important to understand, is that unless a Post Adoption Contact and Communication Agreement (PACCA) is agreed to, all adoptions in Virginia are legally closed adoptions. That does not mean that you cannot have an agreement. It just means that it is not enforceable.

A PACCA is an agreement which must meet certains specific statutory requirements. Once it is properly drafted and signed, it will be incorporated into the Final Order of Adoption which makes it both modifiable and enforceable by the Circuit Court. For this reason, most adoptive parents should not enter into such an agreement casually. Other states which have had such agreements longer than Virginia have many cases which have been filed by birth parents seeking to modify or enforce visitation. You may not want to expose yourself to this.

However, if the agreement is not reduced to writing and is not legally enforceable, it may still be something you want to consider. The real issue is whether or not the agreement is in the best interests of the child, and that may be quite different from case to case.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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Early on in your discussions with the birth mother, you will need to come to a point where you and she have a preliminary understanding that she intends to place her child with you and that you intend to proceed with the adoption of that child. You should not be pushy about this. She will need some time before she comes to that point. Because you are undertaking both a financial and an emotional burden, however, in your conversation you want to be very clear about the fact that you cannot proceed to the next steps until this understanding is reached.

Perhaps the best way to put it is this: the birth mother needs to be as sure as she can be that she intends to proceed. That is to say, she knows she can change her mind and you also know this. But she must understand that it is not fair to you to allow you to poceed further unless she is as sure as she can be. She needs to say to you that she has had all her questions about you answered and that she is pleased with the decision to place her child with you. Do not go forward without that assurance and do not make the mistake of assuming al will be well. You do not want the birth motehr to say to you, “Oh, I never said I would place my child with you. I only said I’d think about it.” She needs to say to you in some fairly clear statement, “I have decided that, barring some unforeseen circumstance, I will place my child with you for adoption. I feel good about this decision. I have decided.”

You should understand that this does not mean you have a legal cause of action against her if she changes her mind. You cannot get your money back. In parental placement adoptions, you always understake a certain amount of risk. You merely need to keep that risk under control as much as possible.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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In Virginia, those accused of taking indecent liberties with a minor typically face a class 5 felony, though the charges can vary depending on the circumstances of the alleged crime and the accused’s legal history.

In most cases, taking indecent liberties with a minor is considered a class 5 felony in Virginia. A class 5 felony carries a prison term of anywhere from 1 to 10 years and a maximum fine of $2,500. This charge will typically be used for a first offender whose alleged crime involves either exposing themselves to a child or asking a child to do the same, suggesting that a child feel one’s sexual parts, proposing sex to a child, or attempting to lure a child somewhere for the purposes of committing one of these acts. For these crimes, a child is defined as a minor who is younger than 15.

Subsequent Acts Of Indecent Liberties
If someone is convicted for subsequent acts of taking indecent liberties with a child, they could be charged with the more severe class 4 felony, which carries a prison term of between two and 10 years and a maximum fine of $100,000. For the charge to rise to a class 4 felony, the offense must be distinctive from previous charges — not part of the same act that led to other indecent liberties charges — and the accused must have been free between the two convictions.

In addition, the charges can depend on the relationship between the accused and the victim. Adults face class 4 felony charges if they commit any of these violations against their child, step-child, grandchild or step-grandchild who is under the age of 15. They face class 5 felony charges if the child in question is 15 or older but not yet 18.

Taking indecent liberties with a child in Virginia also encompasses when an adult receives compensation to convince anyone under 18 to appear in sexually explicit material. This crime is considered a class 5 felony.

Contact an Indecent Liberties Lawyer?

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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In Virginia, the charge of taking indecent liberties with a child primarily targets certain acts of a sexual nature when they are performed by an adult with a child under the age of 15 years old, though it also can concern adults participating in certain ways in the creation of pornography for anyone under 18. Most of the crimes are considered class 5 felonies, though the charges can be harsher under certain circumstances.

Virginia code considers an adult to be any person 18 or older. For the charge of taking indecent liberties with a child, the law says the perpetrator must commit the act “with lascivious intent, knowingly and intentionally,” for it to qualify as a crime. “Lascivious intent” refers to a state of mind that is desirous of sexual indulgence or inciting sexual desire. “Knowingly and intentionally” means the defendant knows and desires the consequences of the act in question. Whether the defendant knew or had reason to know the age of the child may also be relevant to whether he “knowingly and intentionally” committed the act. Finally, if the adult and the minor are married, there will be no crime under this particular code section.

Indecent Liberties Acts
Acts that qualify in Virginia as taking indecent liberties with a child – when the child is under the age of 15 – include:

· Either exposing one’s sexual or genital parts to a child or proposing that a child show those parts to an adult.

·Suggesting that a child feel or fondle one’s sexual or genital parts or that one do the same to the child.

· Proposing sexual intercourse to a child.

· Trying to get a child to enter some place, such as a home or car, for the purposes of committing one of these acts.

If these acts go beyond suggestions or enticements to sexual physical contact, such as intercourse, then the charges will be more severe than indecent liberties for the adult.

In addition, the set of indecent liberties charges in Virginia encompasses instances when an adult receives money or some other form of payment to allow, encourage or convince someone under 18 to appear in sexually explicit visual material, either performing an act or simply being the subject of the material.

Contact an Indecent Liberties Lawyer?

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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The most important thing to remember about birth fathers is that in Virginia they have exactly the same rights as birth mothers. This is not true in many other states, and it surprises people who do not think that it should be the case. Parental rights follow biology. A man who fathers a child during a one night stand has full parental rights. But a man who takes care of a child, not knowing that he is not the biological father, has very few rights with respect to the child. So, the birth father must be treated with the same concern as the birth mother.

The law of parental placement adoptions requires that both birth parents consent to the adoption. While in the vast majority of cases only the birth mother appears at the Consent Hearing, the birth father’s consent must be obtained. It is usually obtained out of court.

It is important that adoptive parents have as much reliable information about the birth father as they can obtain. A Medical and Social History form should be filled out by the birth father if he is willing to cooperate. If he is not, the adoptive parents should get as much information about him as possible from the birth mother.

Because the identity and consent of the birth father is so important, adoptive parents should be aware that some birth mothers are not truthful about the identity of the birth father. They may lie because they are afraid of the birth father. They may lie because they are ashamed and do not want the birth father’s family and friends to find out about the pregnancy. And they may lie because they are trying to make the process easier. We do not know for sure what percentage of birth fathers are incorrectly identified by birth mothers, because paternity tests are not standard procedure. The statement of the birth mother under oath as to the birth father’s identity will be accepted by the court. The law requires that the birth mother be informed that it is a felony to give false information in connection with an adoption.

A birth father may also reflect attitudes which are common in our society and which cause him not to consent. There are many people in our society who believe that adoption is always a bad thing because it terminates the legal relationship between a child and a birth parent. They believe that this relationship is somehow always a good thing for the child. Also, a growing percentage of our population are comfortable with out of wedlock births and children being raised by relatives other than parents. That may have been their own experience and the experience of other friends and family members.

Many birth fathers claim an intention to parent, but never follow through. Many refuse to execute the Consent due to an internal struggle. This struggle may be irrational, but that does not mean that it is not real. They just cannot bring themselfes to do it. They cannot think rationally about what is best for the child because of their own emotional needs. I have known many birth fathers who thought that the law should force the birth mother to raise their child, even though they have no intention of helping her in any way.

An experienced adoption attorney will be familiar with the various behaviors of birth fathers and know how to approach them on behalf of their clients. It is important to treat them with courtesy and respect, despite their behavior.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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It should be remembered that the birth father is going through his own struggles concerning the pregnancy. While those struggles may be different in many respects from the struggles the birth mother is going through, they are nonetheless real.

Some birth fathers take the pregnancy very seriously and really do want to parent the child. If the birth father can demonstrate that he is capable of being a reasonably good parent and seeks custody early, he will probably prevail. It is therefore important that he not be ignored. The last thing prospective adoptive parents want to have happen is to receive the child into their homes and bond with the child, only to have the birth father file for custody. For this reason, the birth father should be sought out and approached just as soon as possible. He also has a right to receive counseling about his decision. His consent is legally just as important as that of the birth mother. He should be treated with respect, even if his actions don’t deserve it.

A birth father might deny paternity or demand a paternity test even when he knows he could have fathered the child, and even if he has no intention of parenting. He may be suspicious and not willing to sign a Consent Form which acknowledges paternity. Fortunately, he does not have to. The Consent can be written to state that he hs been named as the birth father and that while he does not acknowledge paternity, he nonetheless consents.

A birth father may take pride in the fact that he has a child even though he has no intention of parenting. He may oppose the adoption even though he is not capable of providing what the child needs nor has any intention to pay child support. The birth father may have a vague idea that his own mother will raise the child until he becomes able to, at some undefined future time. Or, he may insist that the birth mother raise the child just so that he can visit the child in the future if he wants to. These ideas may be reinforced by members of his family, or often, by a new girlfriend.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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Because of the important ethical concern that babies not be bought and sold, each state has adopted certain laws to govern what types of payments may be made in connection with an adoption.

In Virginia it is a felony to charge, pay, give, or agree to give or accept any money, property, service or other thing of value in connection with a placement or adoption, except for six specific things. The social worker who prepares the Home Study is required to report to the court all payments made by the adoptive parents. It is, therefore, extremely important to be sure that nothing is given to a birth mother or for her benefit without first seeking counsel from your adoption attorney. Any payment made in violation of the law may result in criminal prosecution and may result in voiding the adoptive placement.

The six allowable payments are as follows:

1. Adoption Agency Fees and Costs: Payment may be made for reasonable and customaary services provided by a licensed or duly authorized child-placing agency.

2. Medical Expenses: Payment may be made for medical expenses and insurance premiums that are directly related to the birth mother’s pregnancy and hospitalization for the birth of the child who is the subject of the adoption proceedings. These payments may include mental health counseling received by the birth mother or the birth father related to the adoption. They may also include expenses incurred for medical care for the child.

3. Food, Clothing and Shelter: Payment may be made for reasonable and necessary expenses for food, clothing and shelter. But these payments may only be made when the physician for the birth mother has stated in writing that she is unable to wrok or otherwise support herself due to medical reasons or complications associated with the pregnancy or birth of the child.

4. Travel to Attend the Consent Hearing: Payment may be made for reasonable expenses incurred incidental to any required court appearance. These may include transportation, food and lodging.

5. Legal Fees: Payment may be made for usual and customary fees for legal services in adoption proceedings.

6. Other Necessary Transportation: Payment may be made for transportation for any of the above five allowable purposes or for inter country placements.

After stating that the above are the only allowable payments, the statute ends with an additional prohibition: It is specifically prohibited to advertise or solicit to perform any activity in connection with an adoption which is not specifically allowed. This is one reason facilitation and similar services are illegal in Virginia.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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It is important for the birth mother to complete a Social and Medical History form. If it is possible, the birth father should complete one as well. These forms are designed to give you as much information as possible about the genetic and medical history of the birth parents. They are also designed to enable the birth parents to disclose any substances which they ingested that may affect the child. These substances include alcohol, tobacco and illegal drugs. The doctor may want to review these forms prior to delivery. You will want to keep them on file, as you may need this information later in your child’s life to enable his or her pediatrican to give proper treatment.

Be aware of the question contained in these forms concerning any possible Native American heritage. There is a federal law called the Indian Child Welfare Act which states that if the child has a certain amount of Native American heritage, the permission of the tribe is necessary before the child may be placed for adoption. You need to know as soon as possible whether or not this will be an issue.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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Sometimes the birth mother will state that she does not know the identity of the birth father. This may or may not be true. If the birth mother gives a reasonable explanation of the facts and does so under oath, her statement will be accepted by the court. The court will not ask for embarrasing details. There are, after all, only a few ways in which it is possible for a birth mother not to know the ientity of the birth father. Perhaps she met him at a bar, only knew him one night, and only had his first name. This happens a lot. Also, there may be several men involved. If this is the case and they may be identified, then each one must be either served with notice of the adoption proceeding, consent, or receive notice pursuant to the Putative Father Registry.

Virginia’s adoption statutes specifically provide that a birth mother may sign an affidavit, which is a statement under oath, that she does not know the identity of the birth father. If she does so, the affidavit will be made a part of the court file and no further notice to a birth father will be necessary.

There have been cases in which a birth mother fraudulently withheld the identity of the birth father, because of fear or other reasons, and the true birth father sought to attack the adoption because his rights were violated. This is why it is so important that a qualified adoption attorney take every necessary legal step to protect against such a case.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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As the weather begins to warm up, local concert venues begin to open their doors. While thousands in the Northern Virginia area responsibly enjoy concerts at venues such as Jiffy Lube Live, Wolftrap, and Jammin Java, inevitably many young people will consume alcohol while enjoying music at these venues.

One of the most common issues that officers encounter at Manassas and eldairfax music venues is underage patrons drinking alcohol. Officers monitor both the venues and the parking lots outside of these concert venues to prevent and arrest underage drinkers.

In Virginia, the legal age for purchasing, possessing, or consuming alcohol is 21. While the age limit for legally possessing alcohol is 21, there are some differences in how an underage possession of alcohol charge is handled depending on whether the person arrested is under 18 years old or over 18 years old.

A person who is caught drinking underage, such as at a concert venue, will be arrested or issued a summons for underage possession of alcohol and, if they are 17 years of age or younger, they will have to appear in the Juvenile and Domestic Relations Court. A juvenile charged with underage possession of alcohol faces a possible sentence of up to 30 days in juvenile detention, imposition of community service, probation and a mandatory six month loss of license.

If the charge is a juvenile’s first offense for underage possession of alcohol, the court may find facts sufficient to find the accused guilty but defer the matter for possible dismissal upon successful completion of certain conditions such as alcohol treatment, community service and/or compliance with probation.

An adult, a person over eighteen, who is charged with underage possession of alcohol will face charges in the General District Court. An underage possession of alcohol charge for an adult is punishable as a class one misdemeanor with a possible penalty of up to one year in jail and/or a $2,500 fine. The person will also be required to pay a fine of at least $500 or perform 50 hours of community service. The license of the person charged for underage possession will be suspended for a period of six months to one year. An adult conviction for underage possession of alcohol will remain on a person’s criminal record for the rest of their life.

However, if this is the first offense of underage possession of alcohol for the person charged, they may be eligible for a first offender disposition. This means that the Court may accept a guilty plea from the accused but defer the case for a period, place the accused on probation, and have the person enter a substance abuse program or class. The Court may also impose community service and/or the license suspension. Upon successful completion of the terms of probation the Court may dismiss the charge against the accused.

If you or a friend or family member has been charged with the offense of Underage Possession of Alcohol contact the experienced criminal defense attorneys at the firm of The Irving Law Firm for a free consultation.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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If the birth father does not sign an Out of Court Consent, then he must be given notice of the adoption proceeding and have an opportunity to appear in court. This is a fundamental aspect of the constitutional right to “due process of law;” the right to notice and the opportunity to appear.

There are three basic ways in which this notice may be given, actual process, substituted process or compliance with the Putative Father Registry, which will be discussed in the next blog.

If the address of the birth father is known, it is always my practice to approach him courteously and ask if he will Consent. If he will not speak to me, or if he is not willing to consent and the adoptive parents reasonably believe that the adoption should occur anyway, then the next step is service of process. Either a Sheriff or a private process server will take Notice of the filing of the Petition and hand it to him, if possible, and post it on the door if personal service cannot be obtained.

He will likely have to be served a second time with notice of an actual court date.

The Notice of the filing of the Petition must include a copy of the Petition and must inform him of his statutory right to counsel. It must also inform him that if he cannot afford counsel, he may ask the court to appoint an attorney for him. However, he will have to prove that he is indigent in order to qualify for court appointed counsel.

If the location of the birth father is not known, then it is my practice to do an Order of Publication, which is a notice in a local newspaper. In the eyes of the law, this is sufficient notice.

The provisions of the Putative Father Registry are an alternative to publication, however, because of litigation currently pending, I believe that publication should be done even if the registry provisions are fully complied with.

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9253 Mosby St., 2nd Floor
Manassas, VA 20110
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The ideal way to deal with birth father rights is for the birth mother to speak with him about what is best for their child. Unfortunately, this does not happen very often because communication has broken down for various reasons.

The next best option is for the adoption attorney to approach him directy and have a straight forward discussion with him about the legal process and the options avaiable to him. The birth father has a right to seek independent legal counsel, and this should be encouraged. This discussion should occur before the birth of the child so that no bonding or attachment has occurred before the birth father makes his decision.

If the birth father decides to consent to the adoption, he will be asked to sign a Birth Father Consent to Adoption form. This is a very specific document which must be prepared by the adoption attorney. The Consent may be signed prior to the birth of the child. The Consent must be signed under oath, and notarized.

It should be noted that sometimes the birth mother is married to a man other than the birth father. When this occurs, the legal husband must also consent to the adoption because the law presumes that he is the father of the child until it is proven that he is not.

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9253 Mosby St., 2nd Floor
Manassas, VA 20110
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DNA paternity tests have in recent years become relatively easy and inexpensive to obtain. Virginia has a paternity statute which states that if any party to a custody proceeding petitions the court to order a paternity test, the court is required to do so. An adoption case falls under the category of a custody proceeding because the Juvenile & Domestic Relations District Court must enter a custody order upon acceptance of the birth mother’s consent. So, why isn’t a DNA test routinely done?

The answer is that usually neither the birth mother, the birth father nor the adoptive parents want it to be done.

The birth mother wants everyone to accept her statement. She may be hiding something. She may be afraid the birth father will seek custody if he is forced to go to a clinic and give a blood sample. Remember, if he seeks either custody or visitation rights, this may force the birth mother to retain custody or accept visitation. And she has already made the extremely difficult decision not to do so. Aso, if the birth father gets custody, then the birth mother will have to pay him child support.

Named birth fathers have no reason to seek a paternity test unless they want to parent. Although some birth fathers will say that they want a test just because of their desire to know if they have fathered a child, even if they do not intend to parent. Most of these birth fathers however, do not follow through. Birth fathers who don’t want the world to know about the pregnancy try to avoid the situation, and don’t try to make it more difficult.

Adoptive parents usually do not seek a paternity test because their primary motive is to reach the point of termination of parental rights as fast as possible. Since blood tests are done after birth, the child is usually already with the adoptive parents. They have already bonded with the child. The last thing they want to learn is that someone else might be the birth father, and that he might step forward and seek custody. Getting a court order requiring a paternity test is problematic because the case must be filed and a court date set. Then the order must be entered and a reasonable amount of time allowed to conduct the test and for the results to be reported back to the court. By the time all this can be done, the chld may have been with the adoptive parents for several months. By that time separation would be devastating for both the child and the adoptive parents.

It could certainly be argued that blood tests should be required in every case. But it should be pointed out that there have been a very large number of adoptions in Virginia with very few serious problems. Statutory changes are usually the result of something going wrong.

Also, it is probably still true that most people don’t have a lot of sympathy for a man who fathers a child and then fails to take responsibility for either the birth mother or the child.

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9253 Mosby St., 2nd Floor
Manassas, VA 20110
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After the birth mother has recovered from the delivery, a social worker for the hospital will normally meet with her alone in her room. It is the job of the social worker to discuss the situation with the birth mother in a sensitive and professional manner, and to determine whether she still intends to place the child for adoption. she is given the opportunity to change her mind. This is why no one else is allowed in the room. There should be no pressure placed upon the birth mother one way or the other.

If the birth mother indicates she does still want to place, she will be asked to sign a form called a “Release of Baby” form. this form is generated by the hospital and cannot be prepared by the adoption attorney. The form authorizes the adoptive couple to have complete access to the child in the hospital and take the baby home from the hospital. The form is made a part of the birth mother’s chart.

From the time the birth mother signs the form, the hospital will treat the adoptive parents as the parents of the child. They will be free to go to the nursery and hold the child, bond with the child and feed the child. They will not, however, have freedom to make medical decisions for the child. This authority remains with the birth mother as long as she is still in the hospital.

In most cases, the birth mother will be in the hospital from one to three days. During this time, she may want to spend time with the baby. The amount of contact a birth mother wants with the child varies considerably. Some want no contact at all, because they know they cannot handle the emotions involved. They may be afraid that if they hold the baby they will change their minds, and they want to prevent that from happening.

Other birth mothers want time with the baby, and it does not affect their decision. For many, it is a necessary emotional step in parting and in grieving. For others, it is simply part of the process of making the placement. Usually the birth mother will welcome the adoptive parents into her room and they will participate in the process which she is going through.

The important thing for adoptive parents to understand is that the birth mother is the one who decides how much contact she will have. The hospital will honor any request she makes to have the baby with her consistent with the health needs of the child. The adoptive parents need simply be sensitive and compassionate. These times usually go very smoothly.

The birth mother may be released from the hospital before the child. If so, the hospital will look to the adoptive parents for medical decisions after the birth mother has left. A Voluntary Transfer of Custody and Medical Authorization form should be prepared by the attorney and signed by the birth mother before she leaves the hospital.

When the baby is discharged, the adoptive parents will take the child home with them, just as if they were the biological parents.

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9253 Mosby St., 2nd Floor
Manassas, VA 20110
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gHospital policies concerning adoptions of children born in the hospital are not uniform. Much improvement in these policies has taken place in recent years, and most Virginia hospitals now have simple and straight forward procedures. There are some hospitals, however, that have policies making adoption situations very difficult. It is important to understand the policy and to communicate with the appropriate staff in advance of the birth whenever possible.

In most cases, the adoption attorney will call or write the hospital’s social services office or the charge nurse of the Labor and Delivery ward to make sure that the hospital has advance notice. he will inform the appropriate person that the birth mother will be admitted for delivery within a certain time frame and that this will be an anticipted adoption placement. The staff of the hospital will make sure that notice is posted for any personnel who need to be aware of the situation.

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9253 Mosby St., 2nd Floor
Manassas, VA 20110
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One of the more recent developments in Adoption Law in Virginia is the Putative Father Registry. The idea behind it is simple, but there are many difficult issues involved in how it is used.

The basic idea is that a man who has had sexual intercourse with a woman is on notice that a pregnancy might occur. For this reason, the responsibility is upon him to protect his rights with respect to the child, and not upon the woman to track him down. He must register with the Putative Father Registry in order to ensure that the adoption cannot take place without his being notified.

If his location is not reasonably ascertainable, the adoption attorney may cause a search to be made of the Putative Father Registry. If he has not registered, then his consent to the adoption is not required. The Certificate of Search issued by the Registry showing that no one has registered as the father of the child is sufficient in terms of notice for the adoption to proceed.

If his location is known, the statute allows the attorney to serve notice upon him of his duty and right to register, and if he still fails to do so, then the adoption may proceed without serving him with formal notice.

It is my opinion, however, that any time the location of the birth father is known, he should be served with notice. There have been cases in Virginia which have raised issues concerning the Constitutional Right of Due Process, which includes the right to receive notice and an opportunity to be heard before anything may be done to prejudice one’s rights. In my mind, these issues are not fully resolved, and I always serve any birth father I can find. I also always serve him by publication, if he cannot be found. Some adoption attorneys do not take this position and rely only on the provisions of the Registry.

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9253 Mosby St., 2nd Floor
Manassas, VA 20110
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Reckless driving in Virginia is a criminal offense rather than a traffic offense and therefore carries severe consequences. A Class 1 misdemeanor, reckless driving triggers a maximum fine of $2,500 or a jail sentence of up to 12 months in Virginia – or some combination of the two. In addition, you will receive six points on your DMV record and the conviction will remain on your DMV record for 11 years. Because of the harshness of the penalty, you will want to do your best to fight the charge.

Speeding is a common cause for reckless driving. Your best bet to challenge a reckless driving charge for speeding may be to attempt to get the charge reduced rather than to try to escape any kind of a penalty completely, depending on the circumstances of your particular case. In Virginia, you can draw a reckless driving charge for speeding more than 20 miles per hour over the speed limit. You also can be charged with reckless driving if you were traveling more than 80 miles per hour, no matter the speed limit – even if the speed limit is 70 miles per hour on the highway.

When you are charged with reckless driving, you receive a summons to General District Court. The first thing you will want to do if you plan to confront the charge is to enlist an attorney who has experience and a record of success with reckless driving defenses.

An reckless driving attorney can examine the specifics of your case and search for possible holes in the prosecution’s case, such as an improperly maintained radar gun or a police officer failing to follow proper procedure. They also can search for reasons to convince a judge or prosecutor to agree to negotiate your charge down from reckless driving to a speeding or improper driving charge. Both of these are traffic offenses that carry much lighter penalties and do not leave you with a criminal record – while also leading to a lesser impact on your insurance rate. Prosecutors and judges have the discretion to reduce your charge or even to offer to eliminate the charge altogether, perhaps after you complete driving school.

Among the arguments you and your attorney could pursue to seek a lesser charge is your existing record. If you have a strong driving record, it could be put forward as a reason to reduce your charge in recognition that the speeding was out of character. Another possible argument that could lead to a reduced charge is that you had a convincing reason for speeding, such as you were rushing as part of an emergency. Finally, it may be worth checking your speedometer to confirm that it is operating properly, especially if the speed the police officer suggested you were traveling did not match the speed you thought you were driving.

Even if you were caught speeding in a range that triggers a reckless driving charge, do not give up hope. Consult with an experienced attorney and consider the ways your case can end without a criminal conviction.

Contact us today by calling.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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Child custody cases can be complex and emotionally grueling experiences for those involved, no matter the financial circumstances. For the most part, the issues that high net worth individuals must confront in custody decisions are similar to the ones faced by others working through the process, but there are some characteristics that can further complicate the undertaking.

Virginia divorce cases involve both legal custody, which is the right of parents to make legal decisions about their child, and physical custody, which refers to where the child resides and who has responsibility for them during set periods of time. Virginia divorces often result in joint legal custody, so that both parents have a say in legal decisions. For physical custody, either the parents themselves, such as through mediation, or the court, such as through litigation, will decide where and when children reside, resulting in either joint custody or sole custody arrangements.

One of the issues that arises occasionally with high-income individuals is that they sometimes are required to travel frequently for their work, and their travel schedules might not be fully predictable. Another related factor is that they might work long hours that are not always foreseeable or easy to project. This can make it difficult in a divorce to structure custody and a parental visitation schedule as it is unrealistic sometimes to forecast when the parent or parents with the robust work slate will be available to be with their children.

What makes divorces with high net worth couples so complex is the finances involved. Custody decisions can be part of that complexity because custody can influence the financial support one parent provides to the other, potentially involving a large amount of money when high net worth individuals are involved. In particular, a parent who gains sole custody of a child would be due child support from the other parent and that support is based in part on the non-custodial parent’s gross income. If the child is spending the bulk of its time with one parent, the child support responsibilities of the non-custodial parent would be higher than in a joint custody. This could lead some parents with a lower income to fight for sole custody or spur others with a high income to push for joint custody.

As with any divorce, it is also crucial to remember that both sides should be keeping the best interests of the children foremost in their minds. Their legal strategy and the strategy of their lawyers should reflect that determination.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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In Virginia, a parent of a child has legal authority to formally grant custody of that child to another person without the need for a court order. It is remarkable, however, how few people know this. Neither hospitals nor insurance companies will acknowledge the validity of a simple parental Transfer of Custody document. When the hospital allows the adoptive parents to make medical decisions and to take the baby home with them, it does this because the birth mother has transferred authority to them. This does not mean that the hospital acknowledges that the adoptive parents have legal custody.

Nevertheless, it is a good practice to ask the birth mother to sign a Transfer of Custody and Medical Authorization as soon as reasonably possible after delivery. This form accomplishes two things. First, it transfers legal custody. Situations can arise in which a birth mother may become irrational or want to accomplish something that is not in the best interests of the child. For example, she may have a continuing relationship with the birth father, or even have a new boyfriend, and have convinced herself that life will be rosey if she can take the baby back and go live with this man in some temporary and unsafe situation. In such a case, the adoptive parents might very well decide not to return the child and to proceed toward a contested adoption hearing. If they have a Voluntary Transfer of Custody document, and have prompltly filed the necessary Petition in court, it is unlikely that police will force them to turn over the child. If they do not have such a document, however, they have nothing to stand upon. They probably would have to turn over the child, regardless of the circumstances the child would be going into.

Second, the document the birth mother should sign after delivery grants the adoptive parents legal authority to make all medical decisions concerning the child from that moment until the time when the court grants formal custody to them.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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In an adoption case, extremely important rights and responsibilities are being determined. The parental rights of the birth parents are being terminated. A new parent child relationship is being recognized. And most importantly, the entire direction of the child’s life is being altered. All of the various laws Virginia has established to govern adoption procedures are intended to recognize these serious matters and to make every effort to ensure that the adults understand exactly what they are doing. It is the intent of the law to make sure that the adoptive parents and the birth parents take these important legal steps in an informed and uncoerced manner soley because they believe it to be in the right thing to do for the child and for themselves.

It is a fundamental concept of due process that parties to important legal proceedings have independent legal counsel. This means that they have the opportunity to meet privately with an attorney whose sole interest is to look after that person’s rights, to explain all applicable legal concepts, to answer all questions privately and to offer any appropriate legal advice; as well as to represent them in court.

It is important not to look at the legal process of adoption as merely some steps a single attorney may be hired to take. Because of the extreme importance of what is going on, various aspects of the case will be carefully reviewed by at least two, and probably three attorneys, by the judge, and by the social worker making the investigation and report. In addition to this, the Commisioner of Public Welfare will review all reports filed.

Each attorney involved has a separate role.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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Child custody cases can be complex and emotionally grueling experiences for those involved, no matter the financial circumstances. For the most part, the issues that high net worth individuals must confront in custody decisions are similar to the ones faced by others working through the process, but there are some characteristics that can further complicate the undertaking.

Virginia divorce cases involve both legal custody, which is the right of parents to make legal decisions about their child, and physical custody, which refers to where the child resides and who has responsibility for them during set periods of time. Virginia divorces often result in joint legal custody, so that both parents have a say in legal decisions. For physical custody, either the parents themselves, such as through mediation, or the court, such as through litigation, will decide where and when children reside, resulting in either joint custody or sole custody arrangements.

One of the issues that arises occasionally with high-income individuals is that they sometimes are required to travel frequently for their work, and their travel schedules might not be fully predictable. Another related factor is that they might work long hours that are not always foreseeable or easy to project. This can make it difficult in a divorce to structure custody and a parental visitation schedule as it is unrealistic sometimes to forecast when the parent or parents with the robust work slate will be available to be with their children.

What makes divorces with high net worth couples so complex is the finances involved. Custody decisions can be part of that complexity because custody can influence the financial support one parent provides to the other, potentially involving a large amount of money when high net worth individuals are involved. In particular, a parent who gains sole custody of a child would be due child support from the other parent and that support is based in part on the non-custodial parent’s gross income. If the child is spending the bulk of its time with one parent, the child support responsibilities of the non-custodial parent would be higher than in a joint custody. This could lead some parents with a lower income to fight for sole custody or spur others with a high income to push for joint custody.

As with any divorce, it is also crucial to remember that both sides should be keeping the best interests of the children foremost in their minds. Their legal strategy and the strategy of their lawyers should reflect that determination.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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While health insurance plans vary considerably, most plans will not provide coverage for a child prior to the entry of a formal Custody Order at the conclusion of the Consent Hearing. The voluntary Transfer of Custody signed by the birth mother is almost never acknowledge by health insurance companies for the purposes of providing coverage.

Therefore, adoptive parents should be prepared for the fact that they will likely have to pay medical bills for the child which are not covered by their health insurance paln. In most cases, however, these are minor expenses.

If the child is born with serious medical problems, it may be necessary to use whatever coverage the birth mother herself has. And, of course, you will want to use this coverage for the costs of the birth if at all possible. If the birth mother does not have her own policy and is not covered under her parents’ policy, then she may well qualify for Medicaid. Because it takes an application to arrange for Medicaid, adoptive parents should determine well before the birth what the status of the birth mother’s insurance coverage is, if it is possible to do so.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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Virginia does not require that an attorney be retained to represent the birth parents. It is not unusual for a parental placement adoption to proceed without one. It is recommended, however, that the adoptive parents retain an attorney to represent the birth parents. Independent legal counsel is the best method we have to ensure that persons enter into commitments in an informed and fair manner. Also, the very presence of an attorney for the birth parents adds security to the adoption itself.

This is because there are only two ways in which an adoption can be set aside after it has occurred. The first reason is that fraud has occurred. The second reason is that the birth parents were under duress at the time they consented. It is virtually impossible that either case could ever be made if the birth parents were represented by competent counsel during the process. It is therefore well worth the cost to the adoptive parents of paying for such counsel.

Some adoptive parents think that if they hire a lawyer for the birth mother, he may talk the mother out of going through with the placement. However, no competent and ethical adoption attorney would ever do that. If the birth mother does change her mind after consulting with the lawyer, then she was not sure of her decision to begin with. No adoption should go forward unless the birth mother is confident that she is doing the right thing and is sure of her decision. If she is not, the sooner everyone knows that the better.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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The attorney with the greatest responsibility is the attorney retained by the adoptive parents. He or she will be the person who moves the case forward from start to finish. This role is not merely a legal role, because much of what the attorney does is management of the entire process. Often, he will assist couples from the very beginning of their search process. He will asst them in preparing their profile, in distributing those profiles, in posting an internet profile, and in deciding which type of adoption to pursue.

When possible situations become known, counsel for the prospective adoptive parents will help review the situation, speakwith the birth parents or their counsel and will help his clients to understand all aspecvts of the possible adoptions.

Counsel for the adoptive parents may want to meet with the birth mother, if she is not represented, as soon as she is identified. If so, he will disclose to her that he is not her attorney and cannot give her legal advice, but that he is speaking with her as the representative of the adoptive parents. He will then find out as much information as possible about her particular circumstances, including the facts about the birth father. He will explain the process to her and what she will be required to do. He will answer her questions, both about legal rights and procedures, and about other concerns, like her financial situation and what can be done to help. He will offer her counseling with an experience social worker or even with another birth mother who has gone through the process. And he will refer her to a qualified adoption attorney who can represent her interests alone and offer her appropriate legal advice.

The attorney for the adoptive parents will assist the parties in obtaining prenatal care, if that has not already been done. He will contact the hospital staff to make sure that everyone understands that this will be an adoptive placement and that the hospital’s policies are complied with.

After the birth, the attorney will prepare all necessary legal documents and obtain the court date for the Consent Hearing. When possible, he will select the attorneys to represent the birth mother and to serve as guardian ad litem for the child. He will communicate with the agency preparing the Home Study Report and carefully review that report in order to make sure that it comlies with all legal requirements.

There are many very specific requirements which must be carefully complied with. If even one is missed, it can cause serious problems with the adoption. This is why it is so important that adoptive parents select a qualified and experienced adoption attorney. The best way to do this is to retain a member of the American Academy of Adoption Attorneys. This is the premier organization of adoption attorneys in the United States.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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In an unpublished decision recently rendered by the Court of Appeals of Virginia, Virginia’s standards of proof in contested adoption cases was again addressed.

In the case of Gregory v. Martin, the Court considered an appeal from a Circuit Court ruling which limited the evidence to that which occurred after the date when the Petitioner received custody of the child. If it had been a custody case, this would have been appropriate, for it is well settled law in Virginia, that relevant evidence in custody cases is limited to what as occurred since the last custody order.

However, the evidence in a contested adoption case is governed by its own standards of proof, contained in Code Section 63.2-1205, and is not governed by standards of proof used in custody cases. In a contested adoption case, the court is required to consider the quality of any previous relationship between the parent and the child, including the relationship which existed prior to the last custody order.

Quoting also the requirements for the Home Study Investigation and Report contained in Section 63.2-1208, the Court of Appeals correctly stated that a more expansive analysis of the best interests of a child is required in an adoption case than is required in a custody case. The reason for this should be clear. An adoption involves termination of parental rights and cannot be reversed, whereas a custody case is by definition temporary, in that custody issues can always be brought back before the court upon a showing of a material change in circumstances.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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The IRS has announced the rates for the 2017 Adoption Tax Credit.

For taxable years beginning in 2017, under Section 23 (a) (3) the credit allowed for an adoption of a chld with special needs is $13,570.00. For taxable years beginning in 2017, under Section 23 (b) (1) the maximum credit allowed for other adoptions is the amount of qualified adoption expenses up to $13,570.00. The available adoption credit begins to phase out under Section 23 (b) (2) (A) for taxpayers with modified adjusted gross income in excess of $203,540.00 and is completely phased out for taxpayers with $243,540.00 or more.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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If a child is being placed across state lines, then another attorney will be necessary. All fifty states and the District of Columbia have adopted the Interstate Compact on the Placement of Children. Among the requirements of that law is a provision which makes it a crime to place a child across state lines for the purpose of adoption unless both states have given their prior approval. This approval is obtained by filing substantial documentation with the Interstate Compact offices in both states. In order to accomplish this, the adoptive parents will usually need competent adoption counsel in both states.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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The law requires that an attorney be appointed by the court to serve as guardian ad litem for the child. This attorney’s job is to investigate and report to the court whether the adoption is in the best interests of the child. This requires the guardain to interview the adoptive parents and the birth parents and to read the Home Study Report.

In most cases, if things are proceeding normally, the guardian ad litem appears on the date of the Consent Hearing and is not involved either before or after that date. Since the adoptive parents have already been approved by the agency that did the Home Study, it is unlikely that the guardian will have any concerns about the adoptive parents. He will want to be assured that the birth mother is making an informed and appropriate decision. If the birth mother is represented by counsel, then the guardian most likely will not feel it necessary to interview her to any great extent.

There are situations where unusual circumstances exist which may lead a guardian ad ltem to paly a much more significant role. Certainly this is true in contested adoptions.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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The law requires that a Home Study investigation of the prospective adoptive home be made by a licensed child placing agency. This report will be filed with the court and reviewed by the attorneys and the judge. The birth parents have a right to read the report, but they rarely do.

Accepting that the Home Study is an important part of the process is difficult for some adoptive parents. Nobody wants his privacy disturbed and his confidential information reviewed by other persons. Adoptive parents have to accept the fact that courts have a need to know many important things about them in order to fulfill their responsibility to ensure that children are placed in good homes. These reports do remain highly confidential. Virginia has a statute that prohibits photocopying these reports. That statute also requires that the attorneys return to the clerk all copies of the report in their possesseion before the Final Order of Adoption may be entered.

In addition to this, adoption files are sealed, and unlike many other types of court records, cannot be reviewed by the public. Even the parties to the adoption themselves may not review the court file once it has been sealed. If the adoptive parents want to review the Home Study, they will have to go to the agency office or to the attorney’s office to do so.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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While Circuit Courts in Virginia have long had the authority to grant an adoption without the Consents of the Birth Parents of the child, in 1995 the General Assembly adopted Section 63.2-1205 of the Code of Virginia, which establishes standards of proof which the Court is directed to consider in making this extremely important decision. Because granting an adoption over the objection of parents means terminating their parental rights, many judges have commented that this is one of the hardest decisions which they are ever called upon to make. It is therefore essential that the standards of proof be properly understood, not just with respect to their meaning, but also with respect to their purpose.

The standards of proof can only be understood in the context of the psychology of child development. While it is not required to have an expert witness in these cases, it is often helpful for a qualified child psychologist withknowledge of the principles of attachement and bonding to evaluate the child, and his or her relationship with both the prospective adoptive parents and the birth parents. Before addressing the standards themselves, it is important to understand the general principles of attachment and bonding.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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The agency you select to prepare the Home Study will be primarily concerned about complying with requirements from both the Code of Virginia and regulations issued by the state Department of Social Services.

It should be noted that the Home Study may come in two parts. In the search phase, the Home Study will address only the adoptive family and whether the agency finds them suitable to adopt. At the state of preparing for the Consent Hearing, the agency will conduct a joint interview with the adoptive parents and the birth parents and will address issues concerning all parties, as well as certain other specific requirements for the court appearance itself.

The social worker will make a home inspection, but this is nothing to worry about. The worker will call first and make an appointment. All that is necessary is that the home be safe and appropriate.

Generally, the statory requirements for the Home Study are to investgate and report on the following matters:

1. Are the Petitioners financially able to provide for the child?

2. Are the Petitioners morally suitable to care for and to train the child?

3. Are the Petitioners in satisfactory physical and mental health to care for the child?

4. What is the physical and mental condition of the child?

5. Why do the birth parents, if living, desire to be relieved of the responsibility for the custody, care and maintenance of the child?

6. What is the attitude of the bith parents toward the proposed adoption?

7. Have the birth parents abandoned the child?

8. Are the birth parents morally unfit to have custody of the child?

9. What are the circumstances under which the child came to live, and is living in the home of the petitioners?

10. Is the child suitable for adoption by the petitioners?

11. What fees have been paid by the petitioners or on their behalf to persons or agencies that have assisted them in obtaining the child?

12. What action does the agency recommend with respect to the petition?

13. Are the birth parents aware of alternatives to adoption, adoption procedures, and opportunities for placement with other adoptive families?

14. Is the consent of the birth parents informed and uncoerced?

15. Has a licensed child placing agency counseled the prospective adoptive parents with regard to alternatives to adoption and adoption procedures, including the need to address the parental rights of birth parents, the procedures for terminating such rights and opportunities for adoption of other chldren?

16. Is the decision of the prospective adoptive parents informed and uncoerced?

17. Do the prospective adoptive parents intend to file an adoption Petition and proceed to a Final Order of Adoption?

18. Have the birth parents and the adoptive parents exchanged identifying information including but not limited to full names, addresses, physical, mental, social and psychological information and any other information necessary to promote the welfare of the chld?

19. What financial agreements or exchanges of property have there been between the parties, and what fees have been charged or paid for services related to the placement of adoption of the child?

20. Do the parties understand that no binding contract exists regarding placement of adoption of the child?

21. Has there been a violationof the statute prohibiting payments in connection with an adoption other than those listed?

22.Has a licensed child placing agency conducted a Home Inspection of the home of the prospective adoptive parents and found it suitable in accordance with regulations established by the Board of Social Services?

and

23. Have the birth parents been informed of their opportunity to be represented by legal counsel?

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9253 Mosby St., 2nd Floor
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There are many excellent child placing agencies in Virginia which you may contract with to prepare the Home Study. It will make a difference, however, which one you choose.

You will want to choose an agency relatively close to your home, because you may meet with the social worker at the agency office on more than one occasion. You may want to compare prices, but you probably will find that they do not differ very much.

The most important difference between agencies has to do with whether they are a secular agency or an agency associated with a church group. Some agencies will only do Home Studies for families who are members of their denomination. There are agencies affiliated with the Catholic Church, the Methodist Church, the Luteran Church, the Church of Christ, the Church of Latter Day Saints, Jewish Congregations and others. There are also broadly based Christian agencies not affiliated with a particular denomination. And there are secular agencies that care very little about your religious beliefts.

Some agencies, such as Chatholic Charities, for example, have many requirements not contained in the law, but which come from church doctrine and which definely make the processmore difficult.

Your adoption attorney is the best source of infomation concerning the agencies which exist in your part of the state. You should look to him or her for advice before selecting the agency.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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The Constitutional Rights of Birth Parents are extremely important. Parental Rights are recognized as fundamental rights under the Due Process Clause of the 14th Amendment to the United State Constitution. Whenever a Court must consider whether the best interests of a child require an adoption which is objected to by a birth parent, this would appear to conflict with those important constitutional rights. For this reason, the standards of proof which a court must consider before it can grant an adoption over the objection of a birth parent are very important.

Those standards of proof are totally different than the standards of proof which a court considers in a custody case. Those custody standards must be disregarded as they have no relevance whatsoever to a contested adoption case.

The Supreme Court of Virginia stated in the leading case of Copeland v. Todd, that “the meaning of ‘the best interests of the child’ is different in the context of adoptions, and must be read in light of the biological parent’s due process rights in his or her relationship to the child. Therefore, although the Code of Virginia uses the same phrase as our custody statutes, its definition is much more demanding.”

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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The terms “attachment” and “bonding” are often confused. Attachment refers to a child’s emotional connection to caregivers. Bonding refers to the caregivers’ feelings and connection to the child. Both are relevant under 63.2-1205, but attachment is of primary concern as it relates more directly to the best interests of the child. It addresses crucial relationships from the point of view of the child’s needs and experiences.

In a normal intact family with competent parents, a child begins to attach to his or her primary caregiver immediately after birth, if not before birth. Extensive studies have established phases of attachment which reach a critical stage at about age two and are fully developed by age five. A secure attachment is an essential element of healthy human development, because it provides the safety, security and nourishing which a child needs in order to avoid anxiety and to have the freedom to learn and to grow. A child with a healthy attachment may explore, which is how the child learns, but a child who does not have a secure attachment is distressed and frightened and is not able to explore, because attention is otherwise directed to insecurities and fears. It is important to understand that biology means nothing whatsoever to a child. In the eyes of the child, the parent is the one who is there, and who provides what the child needs. And in a healthy parent-child relationship, attachment behavior is a two way process. The parent perceives the child’s needs from subtle cues and responds sensitively and appropriately.

Attachment is characterized by specific behaviors in children, such as seeking proximity to the attachment figure for comfort, safety and security and to have basic needs met. These behaviors may be clinically observed and measured.

Some people ask why adoption is necessary. Why, they ask, cannot there be some continuing visitation with birthparents? The answer is that there can be in some situations and not in others, and that the decision should be made by the adoptive parents, who are the only ones sufficiently attuned to the individual needs of the child to be able to make that decision in a manner which is responsive to the particular needs of the particular child. Judges usually cannot adequately make that determination.

Also, children are so very much more perceptive than many adults tend to think that they are. When a birth parent has an inconsistent presence in a child’s life, the child may very well sense a risk that he or she may be forced to go with the birth parents and be separated from the perceived parents. The anxiety and fear which this creates can cause great harm to the child. It can prevent learning and healthy development. But if permanency has been achieved through adoption, the child senses no risk, and may be able to have successful visitation with the birth parent. (Terms of post adoption visitation may now be negotiated and incorporated into the Final Order of Adoption through the use of a Post Adoption Contact and Communication Agreement. Sections 63.2-1220.2 to 63.2-1220.4 of the Code of Virginia). If the adoption is not granted, then the child remains in legal danger of custody and visitation proceedings being brought up repeatedly. It is hard for the custodians to hide these proceedings from the child, and a perceptive child will sense the fear and anxiety which is caused to the perceived parents.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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There is good news for families pursuing adoption. The final version of the tax reform bill before Congress has preserved the adoption tax credit!

Also, the employer provided benefits have been preserved.

This means that the commitment of Congress to promote adoption has survived the legislative sausage factory.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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In Copeland v. Todd, the Supreme Court of Virginia pointed out that the standards of proof in contested adoption cases must be read along with eight other factors which the Department of Social Services, or private agency, must investigate and report upon pursuant to Code Section 63.2-1208.

Factors Regaring Home Study Requirements
1. Whether the petitioner is financially able, morally suitable, in satisfactory physical and mental health and a proper person to care for and train the child.

2. What the physical and mental condition of the child is.

3. Why the parents, if living, desire to be relieved of the responsibility for the custody, care, and maintenance of the chld, and what their attitude is toward the proposed adoption.

4. Whether the parents have abandoned the child or are morally unfit to have custody over him.

5. The circumstances under which the child came to live, and is living, in the physical custody of the petitioner.

6.Whether the child is a suitable child for adoption by the petitioner.

7. What fees have been paid by the petitioners or on their behalf to persons or agencies that have assisted them in obtaining the child.

8. Relevant physical and mental history of the birth parents if known, and whether all reasonably ascertainable background, medical, and psychological records of the child have been provided to the prospective adoptive parents.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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In the important 2011 case of Copeland v. Todd, the Supreme Court of Virginia upheld the constitutionality of Section 63.2-1205 of the Code of Virginia, which sets out the standards which a court must consider in making the determination that the consents of birth parents to a proposed adoption are being withheld contrary to the best interests of the child.

In that case, the Court quoted the 1981 Supreme Court of Virginia case of Doe v. Doe. In Doe, the Court said, “We must determine whether the consequences of harm to the child of allowing the parent-child relationship to continue are more severe than the consequences of its termination.” That is a misleading sentence.

In a contested adoption case, it is not necessary to prove that the relationship between birth parents and the child is harmful to the child. In fact, since we now have Post Adoption Contact and Communication Agreements, birth parents may have a meaningful and beneficial relationship with the child even after an adoption has taken place, and have those rights preserved. So called “open adoptions” are common, whether or not a PACCA exists. And whether or not some contact should occur is really not an issue in a contested adoption case. Frequently, however, adoptive parents testify that it is their intent to allow visits in some form.

The legal issue to be decided by the court is whether the withholding of consent is contrary to the best interests of the child as defined in Section 63.2-1205, which I will explain in upcoming blogs.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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More than 1,200 bills cleared the legislature, and were signed by Gov. Ralph Northam, with most taking effect Wednesday, July 1, 2020.

Some of the most notable updates affecting criminal and traffic laws include, but are not limited to:

Driver’s License Suspensions:
Drivers will no longer have their licenses suspended for unpaid fines and court costs.

Firearm Laws:
-Universal background checks are required for all firearm purchases in Virginia
-Authorities may temporarily take guns away from people deemed to be dangerous to themselves or others
-You may only purchase one handgun a month in Virginia
-Gun owners are required to report their lost or stolen firearms to law enforcement within 48 hours or face a civil penalty.
-Penalties are now harsher for leaving a loaded, unsecured firearm in a reckless manner that endangers a child.
-Local governments have expanded authority to ban guns in public spaces, like public buildings, parks, recreation centers, and during permitted events.
-People with protective orders against them from may not possess firearms and are required to turn over their guns within 24 hours

Marijuana Possession:
-People found in possession of under 1 ounce of marijuana will face a $25 civil fine.
-There will no longer be jail time or a criminal conviction for those found to be in possession of under 1 ounce of marijuana.
-no person may be arrested, prosecuted, or denied any right or privilege for participating in the state’s medical cannabis program.
-Criminal records of simple possession will be sealed, and employers and schools will be banned from asking about prior simple possession convictions.

Larceny:
-There will be an increase the felony larceny threshold from $500 to $1,000.

Trying Juveniles As Adults:
-The age when a Commonwealth’s Attorney can transfer a juvenile to be tried as an adult without court approval has been raised from 14 to 16.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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When Section 63.2-1205 was enacted in 1995, it included language requiring the trial court to consider whether failure to grant the Petition for Adoption would be detrimental to the child. In 2006, the General Assembly removed this language from the statute, and substituted for it the requirement that the court determine whether consent is withheld contrary to the best interests of the child.

In the case appealed from in Copeland v. Todd, the Court of Appeals held that the trial court must “consider whether a continuing relationship between Todd and the child would be detrimental to the child’s welfare.” But the Supreme Court pointed out that the eight standards of proof were not changed, and concluded that the concept of detriment is included within the eight standards, and within the meaning of best interests as used in the statute, and that therefore it is not required to prove detriment to the child as a separate requirement in addition to the eight listed factors.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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Virginia Passes Law To Release People From Prison: Conditions And Exceptions Apply
In response to COVID-19, Virginia passed a law allowing the release of people in custody of the Department of Corrections (DOC). While this budget amendment does allow for the release of additional people from DOC during the pandemic, it is not necessarily all that the media makes it out to be. So, what exactly does it do?

This new law gives the Director of Corrections the authority to release or place into a lower supervision level anyone with less than a year of their sentence remaining to be served, but only if the Director determines that (1) the release “will assist in maintaining the health, safety, and welfare” of the person released or the other persons in state prisons, AND (2) the release is “compatible with the interests of society and public safety.”[i]

Essentially, the Director of Corrections has complete control over who will get released and who will not, but the Director has at least issued further guidance as to how this legislation will be implemented by DOC. The Director’s “Early Release Plan” lays out specific limitations, conditions, and priorities as to who will be released.

Before the plan addresses those specifics, it states that the DOC has the necessary resources to protect its population from the virus, despite the fact that DOC has already reported numerous confirmed cases as well as COVID-19 deaths in Virginia DOC facilities.

The Early Release Plan goes on to set out the following criteria for release:
Release date must be calculated and verified.
Person’s medical condition will be considered.
Consideration will be based on seriousness of the current offense as follows:
Non-violent
Felony weapons
Involuntary manslaughter
Voluntary manslaughter
Robbery
Felony Assault
Abduction
Murder
Sex offense
Person must have documented approved home plan.
Current good time earning level of I or II.
No active detainers.
No Sexually Violent Predator predicate offenses.
Low or medium recidivism risk.

The Early Release Plan includes procedures for implementation, re-entry planning, and appeal regarding the application of the plan.
Thus far, few people have been released under this new law, but the authority remains in place throughout the duration of the public health emergency. You may want to consult with a Virginia criminal defense attorney if you think you or a loved one may be eligible for release under this provision or if you want to appeal an adverse decision as to the application of the Director’s plan.

Let us provide you advice, both legal and practical, to help you protect your loved one as much as possible under difficult circumstances such as these. Contact the Criminal Law attorneys at The Irving Law Firm today to help coordinate services for your family.

The Irving Law Firm
9253 Mosby St., 2nd Floor
Manassas, VA 20110
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