Blogs from 2018

The process couldn’t be simpler or more convenient: with just a few clicks of a mouse, a customer can order prescription drugs from an online pharmacy without ever setting foot in a doctor’s office. Sometimes, no prescriptions are needed, and no questions are asked. But the package shipped to the customer’s doorstep may not meet their expectations; in fact, it could be a one-way ticket to the emergency room.

Many illegal, or “rogue,” pharmacy websites commonly sell counterfeit and/or incorrectly prepared prescription medications and controlled substances. According to the National Association of Boards of Pharmacy (NABP), approximately 96% of online pharmacies are noncompliant with federal laws and fail to meet the NABP’s safety and practice standards.

INTERPOL has been working with the federal government to organize operations targeting these illegal pharmacies, particularly because these websites sell drugs that have not been approved by the FDA. George Karavetsos, director of the FDA’s Office of Criminal Investigations, has previously stated, “Preventing illegal Internet sales of dangerous unapproved drugs is critical to protecting consumers’ health.” Back in 2017, Operation Pangea X resulted in 400 arrests, the end of 3,584 websites, and the seizure of more than $51 million worth of dangerous medicines. 

The Penalties

There are various criminal charges associated with operating an illegal pharmacy website. For example, in January 2017, a former police officer, Juan Gallinal, was arrested for being the leader of an online pharmacy that illegally sold narcotic pills and prescription drugs. Gallinal and his coconspirators used physicians’ names and DEA numbers to illegally procure these drugs. He also charged customers nearly 10 times the actual price! Gallinal was charged with: conspiracy to distribute controlled substances by means of the Internet; conspiracy to commit money laundering; conspiracy to introduce misbranded prescription drugs; and destruction, alternation, and concealment of records. Gallinal was ultimately sentenced to 8 years in prison.

If you’ve been arrested for conspiracy to distribute controlled substances, you need to hire an experienced attorney immediately. Otherwise, you could face the following penalties:

• Mandatory prison sentence
• Exorbitant fines
• Denial of federal benefits
• Forfeiture of personal property and real estate related to the crime

Arrested for a Drug Crime? Schedule a Consultation

If you’ve been charged with a drug crime, contact The Law Offices of Daniel J. Miller. Our firm has been able to secure countless charge reductions, acquittals, and dismissals for clients facing life-altering convictions. By thoroughly investigating your case, we can examine your defense options and develop an effective legal strategy that safeguards your freedom.

Contact The Law Offices of Daniel J. Miller at (757) 267-4949">(757) 267-4949 to schedule a free consultation.

A criminal record can have a detrimental impact on your future. Sadly, many people are burdened by the mistakes of their youth and are forced to live with the consequences well into adulthood. A criminal record can impact a person’s ability to get a job, pursue an education, request a loan, and even purchase property.

But should the quality of someone’s life be tarnished by youthful missteps like underage alcohol possession?

New Expungement Opportunities

Fortunately, Lynchburg delegate Mark Peake has filed Senate Bill 1037 in preparation of the 2019 legislative session.

If Senate Bill 1037 is ratified, Virginia residents will be able to pursue expungements for:

• Underage alcohol possession
• Using a false ID to obtain alcohol

When you file a petition for expungement, you’re essentially asking the court to “erase” specific arrests, charges, or convictions that define your criminal record. Legally, it’s as if the offense was never committed. Your prior criminal history won’t even show up on any background checks unless you’re applying for certain caregiving roles or a government position. This can be a complicated legal procedure, so it’s important to retain the services of an aggressive and experienced attorney.

Interested parties will only be able to file petitions under the following conditions:

• The offense occurred prior to the petitioner’s 21^st birthday
• The petitioner is at least 21 years old
• The petitioner has no other alcohol-related convictions
• All court costs, fines, and restitution have been paid

Learn More by Scheduling a Consultation

At The Law Offices of Daniel J. Miller, we don’t believe that the circumstances of your past should define the course of your future. If you’re interested in petitioning for an expungement, contact our attorney to schedule a free consultation. We can review your case and determine if you qualify to have your record expunged.

We also provide legal services for youths facing charges relating to underage possession of alcohol. If your child requires legal representation, we can investigate their case and develop a results-driven strategy that is tailored to their unique circumstances. Our legal team can work relentlessly to protect your child’s freedom and future. 

We have offices located in Virginia Beach, Chesapeake, Norfolk, and more! Contact The Law Offices of Daniel J. Miller at (757) 267-4949 to schedule a free consultation.

During the divorce process, you may have agreed to pay spousal support as part of your marital settlement agreement. Unfortunately, Virginia doesn’t offer a statement formula for determining the amount or duration of support. The American Academy of Matrimonial Lawyers recommends this guideline: “the duration of the award is arrived at by multiplying the length of the marriage by the following factors: 0-3 years (.3); 3-10 years (.5); 10-20 years (.75); 25 years permanent alimony.” While this guideline is helpful during the negotiation process, the final determination truly depends on the circumstances of your marriage and the judgment of the court. If the court awarded spousal support to your ex, they may have formulated the amount based on Virginia Code § 20-107.1. 

This answer may depend on the type of spousal support ordered by the court:

• Rehabilitative spousal support only lasts for a specific length of time. These support payments can give your spouse time to find a better-paying job or pursue beneficial educational opportunities. It can also be awarded if your ex is waiting to rejoin the workforce because they are dedicated to raising your children full-time. In certain cases, your ex may have needed to explain their plan to the court to receive rehabilitative spousal support.
• Permanent spousal support continues indefinitely and only ends if the receiving spouse remarries, cohabitates with a romantic partner, or passes away.    

While the idea behind spousal support is sound, the reality is very challenging for paying parties. Some exes even need to rely on their new spouses to make their monthly payments. You can probably imagine how that conversation went! In other circumstances, exes simply aren’t prepared to pay spousal support. For example, even if your former spouse initially agreed to waive spousal support, they may request a modification if their financial situation changes or they face a medical emergency.

Modifications

The amount of time you need to pay spousal support depends on the circumstances of your marriage and the terms set by your marital settlement agreement. Of course, the court understands that providing spousal support each month isn’t easy. In fact, you may need to modify or terminate your order if your personal or financial circumstances significantly change. After all, you can’t reasonably be expected to pay financial support to your ex if you lose your job. This doesn’t, however, mean that you can just stop providing payments. If you need to change the duration or amount of your spousal support order, you need to contact an attorney to discuss your legal options.

Have Question? Need a Modification? Schedule a Consultation

Contact The Law Offices of Daniel J. Miller if you have questions or concerns about your spousal support order or marital settlement agreement. Our lawyer has a comprehensive understanding or divorce and family law. During your consultation, we can assess your case and thoroughly explain your legal options.

Contact The Law Offices of Daniel J. Miller at (757) 267-4949">(757) 267-4949 to schedule a free consultation.
 

November is usually associated with autumn colors, a gentle fall chill, and a festive Thanksgiving dinner. However, state law enforcement agencies are rewriting this narrative by organizing and executing massive drugs busts across the state of Virginia. At present, over 100 state residents have been arrested for crimes relating to drug possession and drug trafficking.

“Operation Appalachian Action”

On November 8, 2018, Wise County’s Sheriff Department collaborated with the Southwest Virginia Regional Drug Task Force to arrest 30 people who are facing charges for 40 drug-related crimes. According to Wise County Commonwealth Attorney Chuck Slemp, “Operation Appalachian Action” was a 15-month endeavor that culminated to “provide hope for citizens of Appalachia and Big Stone Gap, ensure justice for drug offenders, and fight for the safety of this wonderful community by taking dangerous illegal drugs off the street.” Over half the charges filed involve the distribution of Schedule I and Schedule II drugs, including methamphetamine, addictive prescription drugs, and synthetic drugs. Other serious charges involve the distribution of drugs near school, properties.

Operation Thunderstruck

On November 13, 2018, the Norfolk Police Department announced that they completed a 3-month long narcotics investigation called “Operation Thunderstruck.” Throughout the investigation, police issued 159 warrants against drug traffickers and charged 59 people for distributing illegal drugs in Virginia. Chief Larry Boone claimed, “This operation should serve notice that the trafficking of illegal narcotics will not be tolerated in the City of Norfolk. The Norfolk Police Department will continue to run these types of operations and those who deal narcotics on the streets of our city will be targeted and arrested.” At present, 15 suspects are still being pursued by the police.

Operation Valley Fog II

On November 14, 2018, police in Waynesboro began the process of arresting 51 people for drug charges and other associated crimes. According to the Waynesboro Police Department, the purpose of “Operation Valley Fog II” is to disrupt the sale and distribution of methamphetamine and various opiates. By November 15, 2018, the operation ended with 25 of the 51 suspects in custody. However, police are still on the trail for the remaining suspects and are executing warrants as necessary.  

Retain Experienced Representation & Protect Your Legal Rights

Contact the attorney at The Law Offices of Daniel J. Miller if you require experienced and effective criminal defense representation. A drug crimes conviction can alter the course of your life and leave you with a devastating criminal record that can impact every job interview, housing opportunity, and educational prospect you wish to pursue. If you’ve been charged with drug manufacturing, possession, trafficking, or distribution, it’s essential that you take immediate legal action to protect your future.

Call The Law Offices of Daniel J. Miller at (757) 267-4949">(757) 267-4949 to schedule a free consultation.

The purpose of a domestic violence protective order, or “restraining order,” is to protect a person who is suffering from emotional, physical, or sexual harassment or violence.

Each year, courts across the United States issue millions of protective orders for incidents relating to domestic violence, threats of violence, stalking, and harassment. Unfortunately, it’s estimated that approximately 800,000 of these protective orders are issued based on false allegations. Many people challenge these protective orders just to break free from the social stigma and legal repercussions that could easily ruin their careers and quality of living.

Regardless of jurisdiction, all protective orders establish:

• Who can file for an order
• What protections are granted to the petitioner
• How the order is to be enforced

When a petitioner’s request for a restraining order is granted by the court, they are legally considered a “protected person.” The person they seek protection from is referred to as the “restrained person.” If a restrained person disobeys the court order, they may face severe legal penalties, including exorbitant fines and imprisonment.

As a restrained person, follow these rules to avoid violating your protective order:

• Avoid contacting the protected person (this includes phone calls, texts, emails, social media, etc.)
• Move out if you live with the protected person
• Don’t go near the protected person’s home, work, school, or places they consistently frequent
• Get rid of any firearms you happen to own while the order is in effect
• Do not buy any firearms
• Never threaten the protected person in any way, shape, or form
• Comply with any visitation, child support, or spousal support orders (if applicable)

A violation of a protective order is considered a Class 1 misdemeanor. However, if you’re a repeat offender you could automatically be sentenced to 60 days in prison and be forced to pay costly fines. If these violations occur while you’re in possession of a firearm, you may even be charged with assault.

Retain Experienced Legal Representation

If you’re facing legal charges for violating a protective order, contact The Law Offices of Daniel J Miller. During your free consultation, we can discuss your legal circumstances and evaluate your legal options. Our experienced and trial-tested legal team can defend your rights in court and help you protect your freedom.

We have offices located in Virginia Beach, Chesapeake, Norfolk, and more! Contact The Law Offices of Daniel J. Miller at (757) 267-4949">(757) 267-4949 to schedule a free consultation.

There’s a reason that the divorce rate for military spouses is over 50%. Sustaining a military marriage can be incredibly taxing when active duty spouses are deployed far from home for long periods of time. When a couple has to struggle through long tours of duty and countless anxieties about the future, it’s understandable that they may choose divorce as a solution to their relationship difficulties.

The military divorce process can be surprisingly complicated if a spouse is deployed overseas. Fortunately, the Servicemembers Civil Relief Act (SCRA) can protect servicemembers from coming home to an unfair divorce settlement. However, SCRA can’t make exceptions when it comes to paying spousal support payments. In fact, the United States military has remarkably strict rules when it comes to spousal support and child support obligations.

In Virginia, the court can award the following spousal support orders:

• Temporary spousal support
• Rehabilitative spousal support
• Permanent spousal support

In Virginia, a judge may order a spousal support order if one former spouse is at an economic disadvantage due to the divorce. This order can be rehabilitative or permanent depending on the former spouse’s needs. This financial aid is intended to help the spouse live comfortably as they pursue new educational or career opportunities that may allow them to transition to a single income.

A servicemember can modify or dismiss this spousal support order under the following conditions:

• Once spouse dies
• The receiving spouse starts living with a new romantic partner
• The receiving spouse remarries
• The paying spouse faces a lasting change in their financial circumstances

Temporary Support Orders

Each military branch has unique rules and regulations regarding temporary spousal support payments. Servicemembers are still required to make payments even if a state court order hasn’t been issued. For example, the United States Marine Corps and the United States Navy order their servicemembers to pay their former spouses 1/3 of their gross pay. Likewise, the United States Army requires their soldiers to pay their exes the financial equivalent of their basic housing allowance.

The Consequences of Not Paying Spousal Support

All divorced military servicemembers are required to fulfill their court-appointed spousal support orders. Any servicemember who fails to provide financial support to their former spouse may face administrative discharge proceedings and wage garnishment.

Have Questions? Schedule a Consultation

Both Virginia law and the military have very complex regulations regarding spousal support. Contact The Law Offices of Daniel J. Miller if you have any concerns about your spousal support order or need to request a modification. Our lawyer can also represent your divorce case and ensure that you attain a beneficial divorce settlement.

Contact The Law Offices of Daniel J. Miller at (757) 267-4949">(757) 267-4949 to schedule a consultation.

The basic structure of a police procedural episode is simple: an incident occurs, the police investigate, the mystery is seemingly solved, and the defendant is slapped with an assault and battery charge right before the credits roll. Real life isn’t so cut and dry, and there are countless legal nuances that must be considered if you’re charged with assault and battery. For example, many defendants who are charged with assault and battery don’t even realize that they may be facing two different court cases.

Defining Assault & Battery

Despite popular misconceptions, “assault” and “battery” are not the same offense. Legally, assault is the intentional threat of violence against another person. Even if a physical attack doesn’t take place, an alleged offender can still be charged with assault so long as the victim reasonably feared for their safety. However, an alleged offender can only be charged with battery if the intended threat is carried out.

A battery offense requires the following:

• The victim was physically touched
• The contact was harmful or offensive
• The victim did not give consent

Criminal Assault & Battery

Criminal cases are prosecuted by the state for the purpose of safeguarding public welfare. In Virginia, assault and battery is considered a Class 1 Misdemeanor which can lead to jail time and a $2,500 fine.  If you’re charged and arrested in Virginia, it’s imperative that you seek legal representation if you want to keep a conviction off your criminal record.

Civil Assault & Battery

Even if a convicted offender pays their dues and serves their time, it doesn’t necessarily mean that they’re off the hook. Per the statute of limitations for assault and battery, a plaintiff has 2 years to file a civil lawsuit against a defendant. The defendant doesn’t have to fear jail time, but they may have to pay compensation that accounts for the plaintiff’s medical expenses, lost wages, and any punitive damages as determined by the court. However, once the statute of limitations passes, the defendant can legally request that the case be dismissed.

Learn More by Scheduling a Consultation

If you’re charged and arrested for a crime, it’s imperative that you have a thorough understanding of your legal rights. Without experienced legal guidance, you may find yourself facing the financial penalties of a criminal conviction and a civil lawsuit. Our lawyer can investigate your assault and battery case and litigate in court on your behalf. Our firm has provided criminal defense representation for over 25 years.

Contact The Law Office of Daniel J. Miller at (757) 267-4949">(757) 267-4949 to schedule a consultation.

Courts issue protective orders, or “Restraining orders,” to provide legal protections to victims of sexual abuse, harassment, stalking, and domestic abuse.

Oftentimes, as intended, these orders can successfully prevent subsequent cases of emotional, physical, and sexual violence. But what happens if an abuse allegation is false?

Protective Orders & False Allegations of Abuse

Each year, it’s estimated that over 700,000 protective orders are issued based on false claims of abuse. The social and legal repercussions of a false allegation can have an extremely detrimental impact on a person’s standard of living.

Unfortunately, it’s not unusual for fighting family members or divorcing spouses to use protective orders as weapons against each other, believing that it will ultimately benefit their personal and legal circumstances. Luckily, there are legal options that allow you to challenge an unjust protective order.

Related Reading

• Domestic Violence
• Falsely Accused of Domestic Violence?
• How Can I Avoid Violating a Protective Order?

Types of Protection Orders

Virginia issues different types of protective orders based on the circumstances of a case and whether it’s a civil or criminal matter.

If you are served a protective order, it can have a severe impact on your personal rights and freedoms. Even accidentally violating an order can lead to expensive fines and a year in jail. Also, a protective order can prevent you from obtaining gainful employment because it shows up on your background check.

Available protective orders include:

• A family abuse protective order is issued by a judge and targeted against a family member
• A preliminary protective order is issued by a judge and lasts 15 days (or until a full hearing)
• A permanent protective order is issued by a judge and can be renewed every 2 years
• An emergency protective order is issued by a judge of magistrate and lasts 72 hours

Challenging an Order of Protection

If you’re planning on challenging a protective order, it’s important to discuss your situation with an attorney who is knowledge about state laws and the overall legal process. The first step is acknowledging which type of protective order you have been served and why it was issued in the first place.

Petitioners usually file because they’ve experienced:

• Violence
• Threats of violence or death
• Sexual assault
• Stalking
• Physical assault

How to Prove & Fight a False Order of Protection

A protective order is intended to protect a petitioner from future acts of violence. If you believe the charges are false, then you have the legal right to present your case in court.

However, you still need to respect and observe the restrictions of the protective order until a court dismisses it. You don’t want to face criminal charges and penalties for disobeying a court order.

When you’re served a protective order, you are also granted the following individuals rights:

1. Notice of a court hearing regarding the charges being made against you
2. The legal right to defend yourself against these charges

Secure Evidence

Your case depends on your ability to compile applicable evidence that can be utilized in your lawyer’s defense strategy. The court has already been influenced by one picture painted by the petitioner.

This court hearing is your chance to share your side of the story. For this reason, it’s equally important that you don’t intentionally or accidentally dispose of any evidence the court may request. This looks suspicious and won’t work in your favor.

Beneficial evidence includes:

• Your written account of the events in question
• Witness statements
• Pictures and videos
• Witness statements
• Relevant documents or text messages from the petitioner
• Phone records
• GPS records
• Applicable social media posts
• Security footage

Contact an attorney as soon as possible if you’re unable to assemble this evidence because you’ve been arrested.

Retain Legal Representation

Hiring an experienced and aggressive domestic violence lawyer is the only way to successfully challenge a protective order.

Contact The Law Offices of Daniel J. Miller if you’re ready to fight for your innocence. We can help you prepare for your trial, develop a defense strategy based on your evidence, subpoena relevant witnesses, and litigate on your behalf in court.

Clear your record today. Contact The Law Offices of Daniel J. Miller at (757) 267-4949">(757) 267-4949 to schedule a free consultation.

Before a divorce can be finalized, separating spouses need to split assets, allocate debts, determine child custody, and, if applicable, establish spousal support payments. If couples can’t make these decisions on their own, they can ask the court to intervene and make determinations on their behalf. In Virginia, spousal support is depending on many factors, including the duration of the marriage and the present and future earning capacity of both parties.

Virginia law currently offers the following spousal support orders:

• Temporary spousal support
• Rehabilitative spousal support
• Permanent spousal support

However, three new bills are significantly changing how alimony can be taxed and modified.

Senate Bill 614

Senate Bill 614 amended Virginia Code § 20-109(C) to state that unless a marital settlement agreement states otherwise, the court can modify spousal support based on a material change in circumstances. Per the bill, “No request for modification of spousal support based on a material change in circumstances or the terms of stipulation or contract shall be denied solely on the basis of the terms of any stipulation or contract that is executed on or after July 1, 2018, unless such stipulation or contract contains the following language: ‘The amount or duration of spousal support contained in this [AGREEMENT] is not modifiable except as specifically set forth in this [AGREEMENT].’”

Senate Bill 540

Per this bill, retirement at the age of 67 (maximum social security age) can be considered a material change that warrants a spousal support modification. Senate Bill 549 thoroughly amends Virginia Code § 20-107.1(F) by requiring, “any order of support granting or reserving any request for spousal support shall state whether the retirement of either party was contemplated by the court and specifically considered by the court in making its award, and if so, the order shall state the facts the court contemplated and specifically considered as to the retirement of the party.”

This bill also requires that any party requesting a spousal support modification under Senate Bill 540 also allow the court to review their financial asset and properties. Because spousal support was established by reviewing this information in the past, it’s only fair that the financial situation of both spouses be reviewed before agreeing to a modification.

Tax Cuts and Jobs Act (TCJA)

On December 22, 2017, President Trump signed the Tax Cuts and Jobs Act into law. The TCJA’s sweeping tax changes have completely transformed numerous guidelines and standards relating to divorce and family law. For example, after December 31, 2018, all spousal support payments will be nondeductible to the payor, and tax-free to the recipient.  It also suspends personal exemptions while increasing standard deductions.

Seek Legal Guidance

Contact The Law Offices of Daniel J. Miller if you have any concerns about these bills or are interested in a spousal support modification. Virginia has very complex tax laws and the court is very particular when it comes to modifying spousal support. Schedule a free consultation today to explore your legal options with an experienced lawyer.

Contact The Law Offices of Daniel J. Miller at (757) 267-4949">(757) 267-4949 to schedule a free consultation.