Many clients want to know what makes our firm different. For me, it is empathy.
Empathy em-pa-thy
/empeTHe/
noun
the ability to understand and share the feelings of another.
In my world, that means stepping into my client’s shoes so that I feel what they are going through and speaking from my client’s perspective. One example is when our clients do something wrong that they regret. It is extremely important that we communicate remorse and how this momentary lapse in judgment should not define who our client is.
At the end of the day, you need an attorney who will tirelessly fight to ensure you get the best result possible. If we can help you with this or any other matter, please give us a call. And remember, the right attorney makes all the difference.
In this episode of Legal Minute, Attorney James Weaver of The Law Offices of Daniel J. Miller in Virginia Beach discusses legal custody, particularly when joint legal custody is concerned. Every parent has a fundamental right to make major decisions for their child, such as selecting certain types of medical care and choosing whether or not to raise them with religion. What happens to shared legal custody after divorce or separation, though? Does each parent still get a say in how to raise their child? Get the answer in this brief video.
In this video, Virginia Beach criminal defense lawyer Daniel J. Miller examine domestic violence. Domestic violence may constitute any number of assault and battery crimes that occur between family members. While many people are wary of procuring an attorney for assistance in these matters, it is much safer to hire representation if you have been charged with domestic violence than to face this kind of accusation alone. Ultimately, your fate is going to be in the hands of a judge, and having no idea which way that judge is likely to lean, it is important to hire a skilled lawyer, even if you are innocent of this offense. Under Virginia state law, the commonwealth does not require corroborating evidence to pursue a domestic violence case. This means you can be convicted of domestic violence simply on the word of a family member.
By hiring an attorney, you will be able to document the facts of your case from the very beginning. You will also be able to receive documentary evidence, such as doctor’s records and 911 recordings, that may reveal inconsistencies in the testimony of the alleged victim. Remember, winning a domestic violence case is all about getting credible evidence that favors your account of the events in question. Contact The Law Offices of Daniel J. Miller to begin compiling evidence and documentation that help craft an argument which could win your case today.
The lines as to what constitutes consent are blurred, but a violation of this section carries a mandatory sentence of five years in the penitentiary to life. It is wise to have an experienced criminal law attorney on your side. Read more on our blog:
LEGALDEFENSE.COM
Too Drunk to Consent
Many believe that a dismissed charge automatically falls off their criminal record, but this is not true. Read more on our blog:
LEGALDEFENSE.COM
Virginia Expungment Law
In this video, Virginia Beach criminal defense lawyer Daniel J. Miller explains Miranda Warnings. Miranda Warnings are the notifications police officers legally have to provide you with when you are under arrest. These include, “You have the right to an attorney,” “you have the right to remain silent,” and “anything you say may be held against you.” In some cases, clients believe that because they were not read their Miranda Warnings, this gives them the right to have their case dismissed. However, this assumption is not necessarily correct. If you are placed under arrest and law enforcement does not have any questions for you, Miranda rights do not apply. If you are placed under arrest, and police officers question you without reading the Miranda Warnings, then any answers you provide may be thrown out, and dismissed as evidence against you in your criminal case. While every case is different, it is important to hire an attorney that knows how to defend your rights. Contact The Law Offices of Daniel J. Miller to get started on your defense today.
In this video, Attorney James A. Weaver of The Law Offices of Daniel J. Miller breaks down the process of a “pendente lite hearing.” This is a rush hearing that provides you protection if you are going through a divorce. A spouse may request a pendente lite court order to receive protection from harassment, or to receive financial protection (i.e. preventing one spouse from abruptly emptying a joint bank account, or abruptly cutting off utility or phone payments.) You may also request a pendente lite court order for temporary spousal support, or temporary child custody, support, or visitation. The purpose of these temporary protective orders is to ensure a sense of security and certainty leading up to a final divorce decree. At The Law Offices of Daniel J. Miller, we have extensive experience in pendente lite hearings. Contact our Virginia Beach divorce lawyers now, and we may be able to schedule a pendente lite hearing for you within 7 days.
We are proud to announce our participation in St. Mary's Home for Disabled Children, Secret Santa 2020! Our office will serve as a donation drop off location for the Secret Santa items, so please stop by and donate a new, unwrapped musical or light-up toy to a severely disabled child. You may also donate through the money pool, Dan Miller will be matching the first $500 that gets donated. Link to donate is below: https://www.paypal.com/pools/c/8tX3WLLAvo
In many cases, couples want to know if they can be legally separated while living in the same house. The short answer is that yes, you can. Although the easiest way to determine the beginning of a separation period is by marking the date when one party moves out of the marital home, the start date may be amended in certain cases. Under Virginia state law, a couple must be separated for a full year before they can officially file for divorce, with certain exceptions applying. With that said, if you and your spouse wish to remain legally separated without one party moving out, there are several factors you must be able to demonstrate to the court to prove your separation is legal, especially if it is likely you will seek a divorce after the one-year waiting period.
In this video, Attorney James A. Weaver of The Law Offices of Daniel J. Miller looks at how long it takes to get divorced. In most cases, the shortest and most cost-effective way to finalize a divorce is to enter into an uncontested divorce with a signed separation agreement. In an uncontested divorce, all matters that could delay proceedings, including spousal support, child support, child custody and visitation, have been settled, allowing for a separation agreement to be drafted and signed. In these types of proceedings, it is possible to finalize a divorce in as little as 6 months, if there are no young children involved, and as little as a year if there are young children involved. In some cases, an uncontested divorce will allow both parties to avoid going to court altogether.
If you don't use your phone while driving, you may be in the minority. According to the National Conference of State Legislatures, over 220 million Americans have wireless phone plans, and as many as 80% of those individuals use their phones while driving.
To combat the use of phones while driving, Virginia recently passed a law that makes any cellphone use while driving illegal. Today, we're exploring phone use while driving and how this new law may change your life. Read more on our blog:
LEGALDEFENSE.COM
New Virginia Law Makes Using Cellphones While Driving Illegal
We are so happy that we were able to get you a great outcome in your Family Law matter. We appreciate your kind words in this review!
Today is a Snow Day! The Law Offices of Daniel J Miller remains open today, January 28th 2021.
Unfortunately with snow comes slippery roads and car crashes. If you are in need of an attorney for your Personal Injury, call our office today at 757 892 5600 for a FREE consultation.
For information regarding court, please click on the link below:
https://www.wtkr.com/weather/closings/
Stay safe out on the roads, and always remember... "The Right Attorney Makes All The Difference".
Understanding charges against you may feel a little overwhelming at times. Here is a quick read on the difference between DUI charges vs. Reckless Driving charges.
https://www.legaldefense.com/blog/2016/december/dui-vs-reckless-driving-what-do-my-charges-mean-/#~35d2e33
LEGALDEFENSE.COM
DUI vs. Reckless Driving: What Do My Charges Mean?
Violating Virginia state laws can have plenty of legal consequences, but in light of some of the more serious penalties, some defendants fail to realize they may lose their driving privileges.
Depending on the crime in question, a person facing criminal charges could have their license suspended or revoked. Find out what could be at stake if you are facing criminal charges and discover the best ways to handle driving penalties
Click to read more on how you may be affected.
https://www.legaldefense.com/blog/2017/june/how-can-a-criminal-charge-impact-my-driving-priv/#~35d2e33
LEGALDEFENSE.COM
How Can a Criminal Charge Impact My Driving Privileges?
Does one have a right to privacy of their facial features or does the use of computers to capture and compare a likeness violate one’s fourth amendment rights?
As AI becomes more prevalent in assisting law enforcement it will be interesting to see how the law will change.
https://www.pilotonline.com/government/virginia/vp-nw-facial-recognition-bill-20210116-qokfgxlcivf3rccvoufdsi2c3e-story.html
PILOTONLINE.COM
Lawmaker looks to rein in law enforcement’s use of facial recognition technology
