Blogs from 2020

Recently, a physician in northern Virginia received a 7-year jail sentence for running what prosecutors referred to as a "pill mill," illegally prescribing at least $1.2 million worth of drugs to clients.

The case is yet another example of the ongoing opioid crisis so many states across the US have battled for years. Today, we're exploring opioid use in Virginia and how the Virginia government has reacted to the ongoing issue of overly or illegally prescribed pain medication in our state.

At The Law Offices of Daniel J. Miller, we handle drug crimes and personal injury cases for clients. We'll work with you to find the best path forward in your case.

To schedule a consultation with our team or learn more about our services, contact us online or via phone at (757) 267-4949">(757) 267-4949.

What's the Story Behind Opioids in the US?

Awareness among the public of an opioid crisis sweeping the US first began to grow around 2014 or 2015. By 2016, the widespread abuse of prescription pain killers—primarily prescription opioids, such as oxycodone, codeine, and hydrocodone—was a talking point across the nation.

Then-President-Elect Donald Trump made combatting the opioid crisis a key issue of his early administration, pointing towards the abuse of prescription opioids as a potential reason to repeal the Affordable Care Act instituted by former President Barack Obama.

In 2017, under President Trump, the US Department of Health and Human Services (HHS) officially declared the opioid crisis a public health emergency.

In 2018 alone, 10.3 million Americans misused prescription opioids, 47,600 people died from overdosing on them, and 2 million Americans had an opioid use disorder (more commonly known as an addiction to opioids).

Those statistics were considered more than enough justification for the public health emergency order. It also coincided with the rise of fentanyl, an opioid commonly used to treat individuals with painful and terminal illnesses, as a cutting agent in other drugs, such as heroin. Fentanyl is incredibly dangerous even in small doses, and its appearance in illegal substances as a cutting agent dramatically increased overdose-related deaths across the US.

How Is Virginia Combatting the Opioid Crisis?

Cities across Virginia, such as Alexandria, responded to the opioid crisis by aggressively expanding treatment programs for opioid addiction and treatment. Encouraging opioid users to seek help at official treatment facilities enabled states across the US to tamp down on the opioid crisis and meaningfully expand treatment programs.

It appears to be working. In 2018, drug overdose deaths involving opioids in West Virginia fell from 833 in 2017 to 702 in 2018. Additionally, the number of deaths involving prescription opioids fell from 14,996 to 14,975.

However, the opioid crisis in Virginia and West Virginia is far from over. Deaths involving synthetic opioids, including fentanyl, rose—more than 24,800 individuals overdosed on fentanyl or similar drugs in 2018. Almost 70% of overdose deaths in West Virginia involved opioids.

In Virginia, the abuse or selling of Schedule II substances, such as prescription opioids and illegal substances, including methamphetamine, is penalized by a prison sentence of up to 10 years and a fine of up to $2,500.

At The Law Offices of Daniel J. Miller, we'll work with you to pursue an optimal outcome in your drug crimes case.

To schedule a consultation with our team or learn more about our services, contact us online or via phone at (757) 267-4949">(757) 267-4949.

Ask anyone, "what's the most dangerous holiday for drivers?" and New Year’s will probably be at the top of their list. The partying and drinking that accompanies New Year’s increases the chances of drunk drivers getting on the road, putting others' lives in jeopardy.

Today, we're taking a look at why exactly there are so many DUIs on New Year’s, and how drivers can stay safe over the holidays.

For help with your DUI case, contact us online or via phone at (757) 267-4949">(757) 267-4949. Our experienced DUI attorneys can help you defend your rights and pursue the best outcome in your case.

Why Is New Year's Eve So Dangeous?

Every year, police offices make hundreds of arrests on New Year's Eve related to drunk drivers. In Virginia alone, 34% of all traffic fatalities in 2018 were alcohol-related, and 19,790 people were convicted of DUI throughout the year.

There are a few factors that play into why New Year's Eve is so dangerous for drivers:

• People are drinking. A whopping 47% of men and 40% of women admit to binge drinking during the New Year, and that figure doesn't factor in the number of people who aren't binge drinking but still consume too much alcohol to drive safely. It's one of the most popular holidays to drink over, which makes DUIs more likely to occur.
• People are driving late at night. Driving while impaired is never safe, but it becomes even more dangerous late at night. When many people drive on New Year's, it's after midnight—often around two or three in the morning. Driving at that hour while tired and intoxicated is a recipe for disaster.
• Weather conditions aren't always good. Last but not least, snow is falling on or around New Year's in many states in the US. Accidents are more likely to happen on icy roads or when it's raining, sleeting, or snowing.

How Can I Stay Safe During New Year's?

Fortunately, there are several measures you can take to stay safe during New Year's:

• Host a party yourself. If you want to partake, hosting a party at your place is the easiest way to ensure you don't need to drive anywhere when all is said and done. If you do host a party, make sure you work with guests and help them arrange transportation. Make everyone either come with a sober designated driver (DD) or use transportation like an Uber or Taxi. Put out some non-alcoholic drinks for DDs, and consider putting together some sleeping arrangements in your living room for guests too intoxicated to drive so people can crash at your place until they're sober.
• If you go to a party, go with a DD. If you take your car, give the keys to the DD once you arrive at the party. Make sure the DD is sober before you leave—if there's any question, call an Uber or Taxi and come back for your car when you're sober, or sleep where the party is.
• If you're a DD, try and be extra aware of other cars on the road when you're driving. If you go to a house party, you may want to grab a quick nap or a coffee before you hit the road to help yourself remain alert. Look out for cars drifting in and out of lanes, driving without lights on, speeding, or making sudden movements. If you see a driver you believe is impaired, pull over to the side of the road until they're not near you anymore. Also be sure to check oncoming traffic regularly—sometimes, drunk drivers cross lane dividers.

If you or someone you know is arrested for a DUI, we can help. Our experienced DUI attorneys can help you find the best path forward in your case.

Contact The Law Offices of Daniel J. Miller online or via phone at (757) 267-4949">(757) 267-4949 to receive legal counsel from experienced DUI lawyers in Virginia.

In recent US elections, drug laws have featured prominently as a key point of contention between both presidential and down-ballot candidates. The 2020 US election was no different, and many states passed sweeping changes to drug laws that will change the landscape of criminal law moving forward.

Today, we're exploring which states changed their drug laws and how the impact of those changes could spread to other states (like Virginia) in the future.

At The Law Offices of Daniel J. Miller, we help clients represent their best interests in criminal and family law cases, including drug crimes disputes. To schedule a consultation with our team, contact us online or via phone at (757) 267-4949">(757) 267-4949.

What Happened to Drug Laws Across the US During the 2020 Election?

After the 2020 election results finally rolled in, newspapers across the country like the New York Times debuted headlines such as This Election, a Divided American Stands United on One Topic: All kinds of Americans have turned their back on the destructive war on drugs.

As that should indicate, drug laws across the country saw a sweeping move towards liberalization and decriminalization.

In New Jersey, South Dakota, Montana, and Arizona, voters legalized marijuana, bringing the total number of states that have voted to legalize the drug to 35. Marijuana is still only fully illegal in Kansas, Wyoming, Idaho, Tennessee, Alabama, and South Carolina. However, only 14 states have fully legalized it. Many states, Virginia included, have legalized certain products such as CBD oil for medical uses and have decriminalized marijuana, but still have restrictions on its usage.

Additionally, constituents in Washington, D.C., voted to decriminalize psilocybin. Psilocybin is the key compound in psychedelic mushrooms, and its decriminalization is something advocates of various psychedelic-related treatments, including micro-dosing therapy, have pushed for across the US for years.

Finally, in the biggest win for legalization advocates, voters in Oregan moved to decriminalize small amounts of illegal drugs, including heroin, cocaine, and methamphetamines (although selling those drugs is still prohibited within the state). Constituents also approved an initiative to create a licensing program for psilocybin providers.

What Happens Next?

The impact of decriminalizing and legalizing drugs, including "harder" drugs like heroin and methamphetamines, has yet to be seen in the US. However, the precedent for sweeping decriminalization exists. The decriminalization of marijuana has been linked to less crime, and other countries have seen positive results from legalizing more powerful drugs.

Legalizing drugs across the US indicates a shift away from the criminalization of drugs and drug-users and a shift towards rehabilitation. That could help individuals accused of drug crimes get their lives back on track more easily after receiving a conviction or being involved in a drug case.

It could also make it easier for individuals already convicted of drug crimes to request a reduction in their sentences or regain certain rights typically not afforded to felons.

Last but not least, decriminalization is seen as an effective measure of generating economic prosperity for many states. Legalizing drugs and licensing providers allows states to tax drug providers and consumers, which could provide a significant amount of revenue for states that do engage in legalization.

At The Law Offices of Daniel J. Miller, we work with clients involved in drug crimes cases and help them find the best path forward in their case.

To schedule a consultation with our team and learn more about our services, contact us online or via phone at (757) 267-4949">(757) 267-4949.

If you're a co-parent, you're probably stressing out about the holidays. Between busy work schedules, vacations, and school breaks for Christmas and Thanksgiving, it can be challenging to juggle co-parenting and the holiday season.

Taking certain precautions and understanding the role of your parenting plan in your child custody dynamic can help make the holiday season less stressful—we're here to show you how.

At The Law Offices of Daniel J. Miller, we help parents navigate custody disputes with confidence.

Contact us online or via phone at (757) 267-4949">(757) 267-4949 to learn more about how we can help you.

First Things First: Deciding How You Want to Handle the Holidays

Your first order of business should be deciding how you want to handle the major holidays around this time of year: Thanksgiving, Christmas/Hanukkah, and New Year's Eve.

You have a few options:

• Split each holiday in half. You can have an arrangement where you spend the first half of each holiday with your child, and your co-parent gets them for the other half (or vice-versa).
• Designate certain holidays for each parent. For example, you can spend Thanksgiving and New Year's with your child, as long as your co-parent gets them for Christmas day.
• Share the holidays together. Another popular option is for co-parents (and their partners, if they have any) to spend the holidays together with the child.

What arrangement you choose depends on your relationship with your co-parent. If you're estranged from one another, dividing the holidays entirely might be a good option. On the other hand, if you still get along well, sharing the holidays with your child as a family unit can be a wonderful experience.

You should discuss these options with your child and ask them what they would prefer. Your child may have valuable input of their own, and listening to them can help make the holidays even better.

As an aside, you should also discuss what gifts you're getting for your child with your co-parent. For example, if your child wants a certain gift that's too expensive for either party, perhaps you can pool your funds to get them what they want. Discussing gift-giving ahead of time also enables you to avoid purchasing duplicates for your child.

Figure Out Your Schedules in Advance

You should work together with your co-parent to figure out what your schedules will look like in advance. Depending on your profession, you may have more or less work over the holidays. You may also have time off. Communicating consistently about your itinerary can help you schedule vacations around each other and avoid scheduling conflicts.

You should also consider your child's schedule. Depending on their breaks, you may need to arrange childcare for them. If your child's school plans on holding school events or meetings, discuss who will attend those.

Agree on Boundaries

It's probably safe to say your child will want to get up to some mischief over the holidays. Discussing boundaries, such as:

• Who they're allowed to hang out with;
• How much time they can spend on social media or gaming;
• Whether they must attend to any academics over the breaks, and;
• What activities are acceptable over the break;

Can help your child make the most of the holidays and reduce conflict between the parents.

Think About Modifying Your Parenting Plan

The holidays are touch-and-go for many co-parents, especially those who recently got divorced.

Once you figure out how to handle the holidays, you may want to consider filing for a custody order modification in court. Filing a modification case allows you to adjust the terms of your parenting plan. That means you can incorporate your holiday custody arrangement into your already existing parenting plan and make it legally binding.

Having the same routine every year when the holidays roll around (for example, establishing uniform rules for taking a vacation with the child and how to handle each specific holiday), can help create a more consistent, stress-free experience for the entire family.

At The Law Offices of Daniel J. Miller, we’re here to provide you with the high-quality legal counsel you deserve during your custody dispute.

To schedule a consultation with a veteran child custody attorney, contact us online or via phone at (757) 267-4949">(757) 267-4949.

In a case that's shaking white collar crime news, The Central District Prosecutor's Office in South Korea indicted Samsung heir Lee Jae-yong and 11 other Samsung officials on various charges including illegal transactions, stock manipulation, and perjury.

Samsung has experienced its fair share of legal trouble in recent years, and this case only compounds on that trend. Whether Lee Jae-yong and other officials receive convictions could set a new precedent for white collar crime in South Korea, and have global ramifications for national South Korean companies and partners.

Today, we're looking at Samsung's history of legal issues, the charges Lee and other officials face, and how this case may affect business law going forward.

Samsung & the Law: a Troubled History

Samsung's no stranger to legal issues, but the last five years, in particular, have seen the company in some hot water.

The trouble started with a 2015 merger that kicked off between Samsung C&T and Samsung Electronics. Lee wanted to incorporate Samsung C&T into Samsung Electronics, the company he was (and still is) vice-chairman of. The move would considerably increase how much Lee and his father, Samsung Electronics chairman Lee Kun-hee, owned of the Samsung empire.

Despite facing considerable pushback from C&T stakeholders, including US hedge fund Elliot Associates, the merger pushed through. Elliot Associates claimed the merger undervalued C&T while overvaluing Chiel Industries, the holding company Lee used to execute the merger.

Despite pushback from shareholders, C&T approved a $7.7 billion all-stock takeover from Chiel Industries, the holding company Lee used to conduct the merger. The Lees ended up owning another 4% of the Samsung empire as a result.

But that wasn't the end of the story. In 2017, South Korean news organization and CNN affiliate JTBC uncovered a tablet computer belonging to Choi Soon-sil. Choi, a controversial figure, acted as then-President Park Geun-hye's unofficial advisor.

Data from the tablet showed that Choi abused her closeness to the President to receive secret government documents, which she then used to tamper with government affairs and manipulate powerful individuals. For example, Choi obtained academic favors for her daughter from a prestigious university in a move reminiscent of the celebrity college scandal that rocked US ivy leagues earlier this year.

The data also unveiled that a number of powerful South Korean businesses leveraged their ties to the government, especially Choi and Park, to push for certain business deals.

Lee was implicated in the scandal, which revealed that he used his connections to Choi and Park to push the C&T merger through.

The scandal devastated the South Korean political landscape. The country's parliament voted 234 to 56 to impeach Park, who then stood trial for corruption charges.

Lee also stood trial in one of the most publicized white collar crime cases in the country's history. Prosecutors accused him of abusing ties to government officials and confidential entities, spending millions to curry favor with Park and Choi. Ultimately, the jury sentenced Lee to five years in prison. Samsung went on to appeal the sentences.

Where We Are Today

However, Lee's sentence was short-lived. Less than a year later, a South Korean appeals court threw out several of the charges, reducing the sentence to two and a half years and suspending it for four. He was a free man once again (at least, for the time being).

Legal scholars were hardly surprised. Lee's own father was indicted on corruption charges twice, and both times received a pardon for his "contributions to the economy." Executives in businesses like Samsung, which generate significant capital for the South Korean economy, rarely get stuck with long-lasting sentences.

According to the University of Southern California's Korean Studies Institute Director, David Kand, jail is "like a rite of passage... the question will really be, how long does he serve?"

Now, as Lee and 11 other Samsung officials face charges of stock manipulation, illicit lobbying, and perjury, that question seems more pertinent than ever.

The charges Lee currently faces are still tied to the 2015 merger, with prosecutors claiming they have evidence Lee and other Samsung officials illegally disseminated false information to devalue C&T. Samsung contests the charges, which scholars expect will escalate to the South Korean Supreme Court before a judgment is handed down.

Why Should US Businesses Pay Attention to the Case?

The Samsung conglomerate's combined businesses account for a whopping 15% of South Korea's economy.

Although Lee's father currently acts as Samsung's chairman, many South Korean business executives and pundits assume that Lee is the company's de facto leader, since the elder Lee has struggled with health problems for years. If the South Korean Supreme Court actually hands a hefty jail sentence down to Lee, it will destabilize Samsung, meaning changes for its leadership culture.

The market isn't optimistic about the Court's chances. Even after Lee's recent indictments, shares for Samsung Electronics ended at +0.04%.

If Lee gets a harsh sentence, it will change how South Korean companies operate, and as a result, change how global partners interact with South Korean enterprises. On the other hand, if Lee gets a slap on the wrist or avoids a sentence entirely, South Korean businesses will keep pushing the boundaries of how much they can meddle with government affairs.

At The Law Offices of Daniel J. Miller, we can help you navigate your white collar crime case with confidence. We'll work with you to understand every facet of your case and help you proceed towards an ideal outcome.

To schedule a consultation with our team, contact us online or via phone at (757) 267-4949">(757) 267-4949.

It's no secret that divorce is expensive. The average contested divorce in the US costs around $15,000, enough to make a dent in anyone's bank account. If you share children with your partner or either party owns valuable assets, that cost may only increase.

Why spend all that money on divorce, when it could be better spent elsewhere? Understanding the common costs associated with divorce enables you to make better spending decisions, reducing the cost of the divorce process. In turn, you can use those savings to springboard into a happier, healthier life post-divorce.

How Can I Make My Divorce Cheaper?

As a rule of thumb, the more you can compromise with your spouse on the terms of your divorce, the cheaper it will be.

For example, filing for an uncontested divorce (where you and your spouse agree on all terms for the divorce) is typically significantly cheaper than filing for a contested divorce (where you and your spouse disagree on one or more terms for the divorce).

You should discuss the following divorce-related processes with your spouse:

• Property division,
• Child support,
• Child custody, and
• Alimony.

These are usually the most contentious parts of any divorce, and disagreeing with your partner on how to handle these processes usually means significantly extending how long your divorce takes.

For example, let's say you agree with your partner on how to handle child custody. You can simply draft a joint parenting plan with your co-parent laying out the terms for your child custody arrangement that you’ve both agreed to. As long as the judge approves the parenting plan, finalizing your custody dispute will take very little time and money.

Alternatively, if you disagree with your partner on custody, you may have to attend a lengthy court battle, paying for experts and court fees along the way.

Compromising with your partner on various divorce-related processes such as custody can mean saving thousands or even tens of thousands of dollars on your divorce, depending on your circumstances.

As you move forward with your divorce, speak with your lawyer about utilizing a form of alternative dispute resolution, such as collaborative law. Your lawyer can help you negotiate with your spouse, protecting your rights while simultaneously enabling you to reach a mutually beneficial outcome with your soon-to-be-ex.

In addition to working with your ex, knowing about common divorce expenses can help you budget for your divorce more effectively. Knowing what to expect from your divorce financially gives you more time to find the most cost-effective ways to tackle expenses, leaving you with more money when all's said and done. Without further ado, let's explore some expenses you should prepare for as you move through your divorce.

Breaking Legal Contracts Can be Surprisingly Expensive

Most of us are engaged in dozens of legal contracts we never think about. You know that user agreement you blindly scroll through every time you download a new app on your phone? Case in point.

As you move forward with your divorce, you'll probably need to renegotiate terms for any legal contracts you share with your spouse. For example, you'll need to each get a separate phone plan. The same thing goes for insurance.

Often, couples get breaks on contracts like insurance and phone policies since they can buy into a family plan. Renegotiating the terms for those contracts or removing yourself from one before the renewal date can cost hundreds or even thousands of dollars, depending on how many contracts you share with your soon-to-be-ex.

Make a list of every contract you share with your spouse. Figure out how much it costs to renegotiate or end them, and then get to work. Companies will frequently give you better offers if you refuse their first proposal or ask for a different plan. The more you plan in advance, the more time you have to negotiate a new deal with your service provider or save money with a sale for a new one.

Think About the Basic Necessities

Most people know that getting a new apartment, home, or vehicle post-divorce can be expensive. But what about all the little things you'll need in addition to those big items? You may need new silverware, new housecare tools, a new washer or dryer—the list goes on.

Make a list of every basic necessity you don't currently have, but will need in the future. If you have children, that may include new toys for them or other devices (video game consoles, a computer at your place for schoolwork, etc.). Having a list as you move through your divorce can help you know what to look for and wait for sales so you can get the items you need at premium prices.

Figure Out Whether You have to Refinance Loans

It's not uncommon for couples to get big-ticket items, like a car, together. If only one of you is on the title for something like a vehicle, you may have to refinance the loan for that expense.

Refinancing loans can increase how long it takes to pay off something like a vehicle and drive up monthly payments. It can also affect how banks deal with loans in the future, increasing insurance rates or downpayments for future expenses.

Understanding whether you need to refinance any loans you have enables you to negotiate with the loan holder for a better deal. Speaking with a financial professional like a certified public accountant (CPA) about liabilities such as loans can help you get on the right track. Additionally, they may be able to give you other information that comes in handy during the property division process.

At The Law Offices of Daniel J. Miller, we can help you find the best path forward in your divorce.

To schedule a consultation with our team or learn more about our services, contact us online or via phone at (757) 267-4949">(757) 267-4949.

Many believe that a dismissed charge automatically falls off their criminal record. This is not true. Don’t think it matters? Many employers perform simple background checks and overlook potential candidates because of a past charge even when that charge has been dismissed.

In order to have a charge removed from these lists one must file for an expungement in the Circuit Court in which the charge originated. But not everyone under Virginia Law is eligible for an expungement. HERE IS WHAT IS REQUIRED:

1. THE CHARGE MUST BE DISMISSED ON THE MERITS OR BY MOTION OF THE DEFENSE OR PROSECUTION- Many cases that come before the Court are dismissed on first offender grounds. This means that you agreed that the evidence was sufficient to convict and opted to have the case continued and later dismissed by completing community service, drug, alcohol or anger management classes. If this is the case you are not entitled to an expungement.

2. NO OTHER CRIMINAL HISTORY - The Court may require you to show that the existence of the charge in some way materially affects you. Often times, the Commonwealth will object to expunge your dismissed charge if you have other convictions. In this case, you must be able to present credible evidence suggesting that the existence of this charge on your record materially affects you. The most common theme presented is on the grounds that the dissemination of this charge effects your ability to maintain or find employment.

As with any case, your ability to be successful on the merits of your request for expungement relies upon the ability of your attorney to present a well- reasoned argument and to present to favorable evidence. If we can help you with this or any other matter, please give our criminal defense attorney a call at (757) 267-4949">(757) 267-4949.

From limiting your professional prospects to harming your financial stability and beyond, receiving a conviction for Driving Under the Influence (DUI) can significantly impact your life,

If you're dealing with a DUI case, you may wonder if there's a way to reduce the severity of the charge. Well, read on, because today we're giving you a run-down of what you can expect from being charged with a DUI in Virginia, and how it may be possible to reduce those charges.

Understanding DUI Charges in Virginia

It's important to know that, unlike some states, Virginia uses implied consent statutes. Under implied consent laws, drivers must consent to a blood or breath test if an officer requests one. Refusing a test can result in a one-year license suspension.

To qualify for a DUI, the driver must have a blood alcohol content (BAC) of 0.08% if over the age of 21, 0.02% if under the age of 21, or 0.04% if they're operating a commercial vehicle.

A first-time DUI in Virginia is a Class 1 misdemeanor, and carries the following penalties:

• A $250-2,500 fine;
• One-year license suspension, and;
• A 5-30-day jail sentence if the driver had a BAC of 0.15% or higher.

Individuals who receive a license suspension after being convicted of a DUI may be able to obtain a restricted driver's license. A restricted license allows the owner to travel to essential locations, like work or school, but prohibits them from using their vehicle excessively. The court may require DUI offenders to engage in certain activities to qualify for a restricted license, such as installing an ignition interlock device (IID) on their vehicle.

Additionally, individuals convicted of a DUI in Virginia must complete the Virginia Alcohol Safety Action Program (VASAP), which can entail up to 20 hours of classes. The program is designed to evaluate an individual's dependence on alcohol or other illegal substances and help them understand how to manage substance abuse before they regain access to their driving privileges.

If DUI offenders commit multiple offenses, especially within a five or ten-year period, DUI penalties increase exponentially with each offense.

A second DUI offense in Virginia carries the following penalties:

• A minimum $500 fine;
• Driver's license revocation for up to three years, and;
• A jail sentence of up to one year.

If the second offense occurs within ten years of the first offense, the offender receives a mandatory 10-day jail sentence. If the offense occurs within five years, the offender receives a minimum 20-day jail sentence.

A third DUI offense carries the following penalties:

• A minimum $1,000 fine;
• Indefinite driver's license revocation, and;
• Prosecution as a Class 6 felony.

If the third offense occurs within ten years of the second offense, the offender receives a mandatory 90-day jail term and must permanently forfeit their vehicle. If the third offense occurs within five years, the offender must serve a six-year jail term.

Various factors can also heighten the severity of DUI penalties, depending on how the driver behaved in the vehicle. If the driver caused significant property damage, drove under the influence with a minor in the car, or killed or injured another person while DUI, the penalties can increase exponentially.

As you can tell, Virginia takes drunk driving seriously, and heavily penalizes DUI offenders. If you or a loved one are facing a first-time DUI charge, you may be wondering, "is there some way I can reduce the severity of these charges?"

Reducing DUI Charges in Virginia

If the offender is charged with a second or third DUI offense, it will be difficult to reduce the severity of that charge. However, it may be possible for first-time DUI offenders to get their DUI charge reduced to a "reckless driving" charge.

Most commonly, DUI offenders reduce the severity of their charges through plea bargaining. In a plea bargain, the offender pleads guilty or "no content" in exchange for reduced penalties. First-time DUI offenders may be able to get a DUI charge reduced to a reckless driving charge (frequently called a 'wet reckless') by working with the prosecution.

Whether an offender can reduce their DUI charge to a wet reckless often largely depends on the specific circumstances of their DUI charge. First-time offenders will have an easier time receiving a reduced charge if they:

• Had a low BAC at the time of their arrest or when they were pulled over,
• Did not take any reckless actions while committing DUI,
• Did not damage property while committing the DUI,
• Did not harm or kill anyone while committing the DUI,
• Show remorse for their actions and are willing to actively cooperate with law enforcement, state officials, and prosecution to avoid committing a DUI in the future. This may involve agreeing to install an IID in their vehicle, attending alcohol and substance classes, etc.

If the offender's defense makes a good enough case to the court and prosecution, and all parties agree that reducing the DUI charge to a less severe charge is in the best interests of everyone involved, the offender may receive a reckless driving charge instead of a DUI.

What Are the Benefits of Reducing a DUI Charge?

Reducing a DUI charge to a reckless driving charge may result in lesser penalties, like a lower fine or a reduced license suspension.

However, the other benefit of receiving a reduced charge is how it reflects on your criminal record later down the line. Having a DUI charge on your criminal record can affect your professional prospects and other areas of your life, making it harder to pass background checks for authority figures like employers and landlords. Reducing a DUI charge can help you succeed in all your endeavors.

At the Law Offices of Daniel J. Miller, we can help you navigate your DUI case and work with you towards a more favorable outcome.

To schedule a consultation with our team, contact us online or via phone at (757) 267-4949">(757) 267-4949.

Child support arrangements can be contentious, having the potential to significantly affect the financial stability of all parties participating in the agreement. If you're involved in a child support order, you may be wondering what the penalties are for falling behind on support.

Well, wonder no more. In today's blog, we're giving you a comprehensive overview of what you can expect if you fall behind on child support in Virginia.

How Can Parents Get Child Support Enforcement in VA?

If a parent misses child support payments, they're considered "delinquent" on child support. The Virginia Division of Child Support Enforcement (DCSE), a division under the Virginia Department of Social Services, is responsible for enforcing child support delinquency penalties.

If a parent falls behind on child support, it's up to the other parent to take action and address the issue. To notify the DCSE that a parent has fallen behind on child support, the noncustodial parent (or whichever parent receives support) must file an application for child support enforcement services with their local DCSE office.

To file an application with the DCSE, the parent seeking child support enforcement must provide the following documents:

• The current child support order they wish to enforce;
• Any administrative support orders related to the support arrangement, the child's medical condition, or any other factors pertinent to the case. If the child relies on child support payments for medication or medical treatment, this process can help the DCSE prioritize the case and ensure the child receives the care they need.
• Birth certificates for any children involved in the order;
• Paternity documents supporting the parental status of both parties;
• Guardianship orders appointing the applicant as the child's legal guardian, if it's relevant to the case;
• Any protective orders involving in the co-parenting arrangement.

Once the DCSE receives the application, the department will review it and decide what steps officials need to take to address any child support delinquency. Since the DCSE uses an online portal for child support payments, it's fairly easy for DCSE officials to confirm that a parent fails to comply with their child support obligations and take action against the delinquent individual.

What Are Child Support Delinquency Penalties in VA?

The DCSE can take the following actions against delinquency child support payors:

• Withholding income from a variety of sources. The DCSE can withhold income from wages, Social Security and unemployment benefits, Worker's Compensation, and veteran disability compensation.
• Placing liens on a delinquent's property;
• Garnishing state and federal tax refunds;
• Suspending transportation licenses (driver's license, pilot's license, etc.), as long as the delinquent parent is behind by 90 days or more.
• Reporting the delinquent parent's actions to credit bureaus, hurting their credit score.
• Voiding the delinquent's passport until they make up for missed child support.

The DCSE does not have complete authority to enforce child support delinquency. For example, the DCSE does not have the ability to jail child support delinquents by default. To jail an individual, DCSE professionals must file a contempt of court actions case against the child support payor, which can result in a jail sentence depending on the case.

The DCSE also cannot withhold a payor's wages if doing so would jeopardize the payor's ability to look after their own basic needs. In those cases, the DCSE may work with the payor to try and modify the child support order so they can feasibly handle their child support obligation.

The COVID-19 pandemic introduced another wrinkle into child support arrangements: stimulus checks. Government entities can seize the $1,200 COVID-19 stimulus intended to stimulate the economy if the recipient is delinquent on child support.

I'm Behind on Child Support—What Should I Do?

If you're behind on child support, your first priority should be consulting the DCSE to let DCSE officials know you're aware of the delinquency.

DCSE officials handle child support delinquency on a case-by-case basis. While some child support payors may refuse to comply with a support arrangement because they believe it's unfair or just don't want to, many simply lack the means to pay for their support obligation due to circumstances outside of their control. For example, a payor might lose their job, making them incapable of paying for child support due to a loss of income.

If DCSE officials determine a parent cannot pay for child support due to a substantial change in circumstances (a medical emergency, losing their job, etc.), they'll often try to help them get back on track. If the loss in income is temporary, DCSE may help the delinquent parent set up a repayment program. If the delinquent parent's circumstances have changed for the foreseeable future, the DCSE may work with them to file a modification case with the court, helping the delinquent parent obtain a more equitable support arrangement.

Whatever the case, being honest and forthright with DCSE officials is your best recourse if you can't pay for child support. The more forthcoming and proactive you are when dealing with your delinquency, the more amicable DCSE officials are likely to be.

At the Law Offices of Daniel J. Miller, we help clients obtain equitable child support orders that allow their child to thrive.

To schedule a consultation with our team for your child support enforcement case, contact us online or via phone at (757) 267-4949">(757) 267-4949.