Posted by Select Law Partners, PLLC | Oct 17, 2023 |
Domestic violence cases are often contentious, adversarial, and lengthy. It can be frustrating for clients to assess how long it takes to resolve a domestic violence case. You may have been charged with a misdemeanor or a felony, and this can have a significant impact on how long the case remains...
Posted by Select Law Partners, PLLC | Oct 17, 2023 |
Cell phones contain access to so much of our lives, and it's frightening to realize how they could be used against us if we're stopped by the police. Whether the police can force you to open your phone during a traffic stop or other arrest can get legally confusing.
Understanding your rights and ...
Posted by Select Law Partners, PLLC | Oct 17, 2023 |
Resisting arrest is a complex topic in criminal law. There are rare circumstances when resisting an arrest is justifiable. Only officers granted the power to arrest citizens can make lawful arrests. Therefore, any arrests made by any person who is not a law enforcement officer will likely be an u...
Posted by Select Law Partners, PLLC | Oct 13, 2023 |
When love and marriage aren't so loving anymore, you may want to protect your assets from going to a spouse in case it's not the right time to divorce. You may wonder if you can disinherit your spouse and what's the process for doing so. However, it isn't easy to cut them out of your will or othe...
Posted by Select Law Partners, PLLC | Oct 11, 2023 |
Estate taxes can be imposed at both the state and federal levels, but neither Virginia nor North Carolina currently impose an estate tax. The federal estate tax applies to estates that are valued above an exemption amount which is adjusted annually for inflation.
For people whose estates may be s...
Posted by Select Law Partners, PLLC | Oct 10, 2023 |
It's common for a person facing a life-changing situation like divorce to want to share what they are going through with their friends and family online. Yet, social media is not the place to vent or even discuss what is occurring in your divorce proceedings, as it could work against you. Social ...
Posted by Select Law Partners, PLLC | Oct 10, 2023 |
When parents are no longer together, there may be valid reasons for one parent to want to change the child's name. While it is possible to change a child's name in Virginia, parents do not have free reign to do it and a court has the discretion to approve or deny a name change petition.
If both o...
Posted by Select Law Partners, PLLC | Sep 28, 2023 |
Under Virginia law there are times when Commonwealth Attorneys (prosecutors) can elect to have a child charged with a criminal offense tried “as an adult.” When a minor is in that situation, the stakes are high, not just for their liberty but for their future. Keep reading for more from our trust...
Posted by Select Law Partners, PLLC | Sep 13, 2023 |
There are many ways for a person to structure their estate plan. Sometimes a Last Will and Testament is sufficient, other times, a Revocable Living Trust is required to ensure that assets are divided pursuant to a person's intent. Regardless of which estate planning vehicle is used in your plan, ...
Posted by Select Law Partners, PLLC | Aug 17, 2023 |
Written by Ben Brasfield, a native Virginia attorney who focuses on criminal law
There's no one specific way to defend against a domestic violence charge. Each case is unique and depends upon the particular facts and circumstances of the relationship. The consequences of a conviction for domestic...
Posted by Select Law Partners, PLLC | Aug 16, 2023 |
If you're facing a charge for driving under the influence of alcohol or drugs, you have the right to a defense. However, the idea of going to court to fight a DUI charge can be intimidating, and many people wonder if it's worth the time, effort, and money.
There's no easy answer here — it depends...
Posted by Select Law Partners, PLLC | Aug 09, 2023 |
Police can detain you for as long as it takes them to conduct an investigation, but every encounter with police is different and can result in a longer detention period. It's important to know your rights and how long you can be detained by the police. Keep reading to learn how long you can legal...
Posted by Select Law Partners, PLLC | Aug 02, 2023 |
Like DUIs, many assume there is no defense against a reckless driving charge. Changing your mindset about this is critical because these charges have severe consequences in Virginia, ranging from significant fines to losing your driver's license and potential jail time. When you face a reckless d...
Posted by Select Law Partners, PLLC | Aug 02, 2023 |
Alimony, also known as spousal support, is a set of court-ordered financial payments made from one spouse to the other during divorce proceedings (called pendente lite spousal support) or after a divorce or both. These payments usually occur on a monthly basis and may be ordered either indefinite...
Posted by Select Law Partners, PLLC | Aug 02, 2023 |
Bringing up a prenuptial agreement (generally called a premarital agreement in Virginia) to your soon-to-be spouse might feel unromantic, but in a state with the 14th highest divorce rate in the country, it should be a consideration for many couples. A Fairfax family lawyer can help you understan...
Posted by Select Law Partners, PLLC | Aug 02, 2023 |
Asset division is a major part of any Virginia divorce. From real estate to investments, nearly everything owned by spouses must be divided between them.
There are two ways in which asset division may be determined during the divorce process: by a mutual agreement between the spouses, or by allow...
Posted by Select Law Partners, PLLC | Jul 12, 2023 |
Estate planning is critical in terms of protecting assets and ensuring your wishes are carried out. Although you may be an adult that has a plan in place, do your parents? The older a person is before getting a plan in place, the greater the risk that they will not have the capacity to sign their...
Posted by Select Law Partners, PLLC | Jun 15, 2023 |
Settling the estate of a loved one after they pass away is complicated and emotional, even when they have a will. For families whose loved one dies without a will, the probate process and allocating their assets becomes even more complex.
Dying without a will
A will outlines how you want your as...
Posted by Select Law Partners, PLLC | Jun 15, 2023 |
Virginia permits spouses to hold property in a number of ways, some of which offer additional creditor protections unique to married couples. However, regardless of how the property is titled during the lifetime of the married couple and the additional protections it may afford, how property is h...
Posted by Select Law Partners, PLLC | Jun 13, 2023 |
You've worked hard to build a secure financial future. Unexpected events can put that security at risk, so it's important to have a plan in place that will help protect your assets and ensure their distribution according to your wishes. One way to do this is with a revocable trust.
A revocable tr...
Posted by Select Law Partners, PLLC | Jun 02, 2023 |
In March of 2023, we published a blog about how to split retirement accounts during a divorce. Because we have offices in Northern Virginia and North Carolina, our family law attorneys work closely with military members and people the government employs. In terms of the divorce process, a civilia...
Posted by Select Law Partners, PLLC | May 03, 2023 |
When most people hear the word “assault,” they think of someone getting physically struck by another person. However, that is NOT the definition of assault in Virginia or many other jurisdictions. Assault means someone has only threatened to hurt another person physically and accompanied that thr...
Posted by Select Law Partners, PLLC | Apr 12, 2023 |
The revocable living trust, sometimes called a living trust, has many attractive qualities that make it a powerful estate planning tool. One of these attributes is the ability to offer you incapacity protection over the assets that are placed into your trust during your lifetime. Incapacity plann...
Posted by Select Law Partners, PLLC | Apr 10, 2023 |
When thinking of estate plans, most people think of wills, trusts, and powers of attorney, however, there are several documents that comprise a complete estate plan. There are different types of trusts and wills, and sometimes the use of one type of will, such as a living trust, will trigger the ...
Posted by Select Law Partners, PLLC | Apr 05, 2023 |
Losing your job may be one of the most serious consequences that can result from an arrest, and it's often completely legal. Virginia and North Carolina are at-will employment states, meaning most employers can terminate an employee for any reason — including an arrest.
However, this doesn't nec...