Blogs from April, 2020

THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION PROVIDES THAT AN ACCUSED HAS A RIGHT TO A SPEEDY TRIAL.

Under Virginia law, the right to a speedy trial means that incarcerated individuals have a right to a trial within five months of being indicted or five months after the preliminary hearing date. A Virginia Supreme Court Order declaring COVID-19 a natural disaster has, with limited exceptions, shut down our Court system so that most criminal trials are not moving forward.

The Supreme Court Order requires the Circuit and District Courts to continue all criminal matters, including jury trials, subject to a defendant’s right to a speedy trial, with the exception of emergency matters, including but not limited to, quarantine or isolation matters, arraignments, bail reviews, protective order cases, emergency child custody or protection cases, and civil commitment hearings. Judges may exercise their discretion regarding proceeding with ongoing jury trials, and in cases where the defendant is incarcerated.

In drafting this Order the Supreme Court relied upon Virginia Code section 17.1-330 (D). This statute states in pertinent part that if we have a natural disaster the Courts “may, notwithstanding any other provision of law, draft an Order suspending, tolling, extending, or otherwise granting relief from deadlines…”

So this begs the question: If the prosecution is requesting a continuance and a Circuit Court judge grants a continuance past the five-month mark does this deny a Defendant his right to a speedy trial? The statute and Order seem to prohibit going past the five-month mark but at the same time gives the Court the necessary discretion to move past it.

In most cases, a good attorney will look to prior case law, current statutory law, and consider the facts surrounding your particular case to make the proper argument and to give Judges some guidance on how to rule.

As of the date of this post we are in the middle of our third round of 21- day closures. Many individuals in the Virginia Beach city jail and surrounding areas are being held beyond their speedy trial dates. If you need assistance with this or any other matter, please give us a call. And remember, the right attorney makes all the difference.

This article was written by our founder and lead Criminal Defense Attorney Daniel J. Miller. Dan is a Hampton Roads native and has spent over 25 years representing clients in criminal defense matters in Virginia Beach and throughout Hampton Roads. If you are interested in speaking to Mr. Miller about a case, please call our office at (757) 267-4949">(757) 267-4949 today to schedule a consultation.

Divorce is never easy, but it becomes even more complicated when children are involved. Factors like your child's age, maturity, and personal life can all affect how they handle your divorce, making it incredibly difficult to predict how the dissolution of your marriage will affect your family.

Understanding common ways children deal with divorce can help you prepare and support your child during the divorce process. In turn, you can lay the foundation for a healthier, happier family dynamic moving past your divorce.

How to Talk with Your Kids About Divorce

An article by Vice explored how, even well into adulthood, most people can remember the exact moment their parents told them they were getting divorced. It's a moment that may stick with your kid for the rest of their life.

How you announce your divorce sets the tone for the rest of the divorce process, and handling the moment well can go a long way toward helping your child deal with the divorce.

We strongly suggest speaking with a family counselor about your divorce. They can help you formulate a way to announce the dissolution of your marriage to your child. In the meantime, here are a few tips:

• Make a script. You and your partner should know what you're going to say in advance.
• Present a united front (if possible). If your child feels like the divorce is something the whole family can work through together, it will help them feel supported. By collaborating with your partner, you also prevent your child from feeling like they have to "choose a side" in the divorce, which is important.
• Even if you can't present a united front, you and your ex should both make it clear that you support your child.

You should expect your child to react strongly to the news. They might be angry. They may scream, cry, or say nothing at all. Regardless, the divorce will probably impact them emotionally in some way.

Again, working with a family counselor can help your child process the divorce. Therapy aside, you and your spouse should focus on supporting your child, even if they are lashing out at you. Divorce isn't easy for anyone. At the end of the day, the more you can be supportive and show your love to your child, the easier it will be for them to handle the divorce.

Know Your Child

Every child is different. A huge number of variables play into how your kid processes your divorce. Their age, maturity, and personal life will all affect how they handle the divorce.

To help your child and family deal with the divorce healthily, you should:

• Notify other mentor figures (teachers, coaches, etc.) in your child's life of the divorce. Children often become depressed when their parents split, leading to worse grades, abnormal behavior, disinterest in activities like sports, etc. Building a support network around your child will ensure that they have a shoulder to lean on even when they're not at home.
• Be prepared to answer questions. A lot of them. Questions your child will probably ask may include:
  • Who they'll live with,
  • if the divorce is their fault,
  • whether the parents will move,
  • whether they'll need to change schools,
  • how the parents will handle holidays,
  • whether the parents still love them,
  • whether the parents still love each other.
  • You and your partner should be prepared to answer all of these questions, no matter how awkward it may be.
• Encourage your child to express their emotions. Do not punish your child for reacting strongly to the divorce—you and your partner probably won't be on your best behavior, either. Divorce is an incredibly stressful experience. Focus on supporting and loving your child, and don't hesitate to bring in outside help from someone like a therapist.
• Be consistent. Maintaining a strong day-to-day foundation helps kids process divorce more easily. Keep taking them to soccer practice and helping them with their homework. Make time for regular family outings if you can.

Divorce is never easy, but being proactive and taking the right steps can help you and your family move toward a happier life post-divorce.

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

“How can I get my loved one out of jail during the coronavirus pandemic?”

There is genuine concern from the Centers for Disease Control (CDC) over the health and safety of incarcerated individuals. In this blog, I am going to discuss bond motions and reconsiderations during the COVID-19 outbreak.

Filing a Motion for Reconsideration

If you or a loved one had a previous bond hearing and it didn't go the way you expected, you can file a motion to have this hearing reconsidered. Under normal circumstances, the general rule is that a motion for reconsideration must be filed within 21 days of a prior bond order.

However, since the 'stay-at-home' order was established, the court has slowed legal processes. This means that you may be able to file a motion for reconsideration 40 or more days after the initial hearing.

Can You Guarantee They Will Receive a Bond?

There are never any guarantees in the legal realm, determinations are left entirely up to the judge presiding over the case. However, we will use our sound legal skills to present your case to the court and aggressively advocate for the best interests of your loved one.

The 3 main questions a judge will usually want answered are:

1. What is the present threat?
2. Is your loved one more susceptible to the virus than the average person?
3. What offense put her loved one in jail?

Additionally, to illustrate the possible danger of a county jail, our attorneys try to provide answers to the following questions:

1. Is there a current outbreak in the county jail?
2. If so, how many individuals are affected?
3. What measures have jail personnel to quarantine the affected individuals?
4. Who else have the affected individuals been in recent contact with?
5. Were those other individuals tested and quarantined?

If your loved one has a verifiable health issue that makes them particularly vulnerable to the virus, we may be able to present this fact as evidence to approve a bond.

According to the CDC, the elderly and individuals with certain preexisting conditions are the most vulnerable to contracting and dying from this virus. It's important to remember that each case is as unique as the client we represent. The court will weight the possible danger to your loved one against what their charges are and their criminal history to determine whether to grant bond or not. For more information on the standards of bond hearings, check out our video series.

Advocating For Your Loved One's Rights

At the end of the day, the right attorney for the case makes all the difference. At The Law Offices of Daniel J. Miller, our criminal defense attorneys will work with you and your loved one to seek a bond hearing. Due to the current 'stay-at-home' order and our dedication to the health and safety of our clients and staff, we have temporarily closed our office. However, we are still available for legal consultations via phone or video.

To speak to an attorney, contact our office online or call us at (757) 267-4949">(757) 267-4949 today.

“I am concerned about my child's safety while participating in visitation during the Coronavirus crisis. What do I do?”

Over the last few weeks, we have received many calls from clients asking about whether they are required to comply with visitation orders. These clients are worried the other parent is not doing their part to protect their child. The short answer is that, in most instances, you are obligated to comply. In this blog, I will discuss why compliance is required, the exceptions to the rule, and what you can do if your situation reflects any of these exceptions.

1. General Rule

The general rule is that a party must comply with all court orders. Courts determine child visitation arrangements with the child's best interests in mind and expect these arrangements to be followed by all parties involved (unless the court changes the arrangement later down the line). If a court determined either party was incapable of putting their child's best interests first during their visitation, they would not have awarded unsupervised visitation. By failing to comply, either party could face contempt of court charges which may result in jail time and/or a partial loss of custody or visitation time.

1. are the exceptions?

There are many hypothetical situations that either party could utilize to prove the other party is not protecting the health and welfare of their child during the coronavirus pandemic.

These hypothetical situations may include:

• the child suffers from an autoimmune disorder and the other parent is not upholding social distancing
• the other parent does not take proper health and safety precautions before leaving the house
• the other parent continues to take the child to public places without a face covering
  1. You Can Do If Your Child Meets The General Rule Requirement

A court's main goal in child custody issues is to ensure the child is safe and well taken care of. We recommend using at least 1 of the following 3 steps:

1. Have an open discussion with the other parent to discover the possibility of common ground. To achieve this, both parties must try to be sensible, reasonable, and open to compromise. For example, maybe you can suggest providing more time for summer break if the other parent allows you to keep the child for the entirety of spring break. Additionally, we recommend these discussions be recorded to show a judge.
2. File a motion to modify visitation and request an emergency hearing in the juvenile and domestic relations court in your area. If the court grants this motion, they can modify or suspend the other parent's visitation until a full hearing can be held by the court.
3. If your child is in immediate risk of harm, you should file a request for a Protective Order on behalf of your child.
   85110978803793. Your Child's Best Interests

As of the writing of this article, the courts are in recess (with the exception of holding bond hearings, arraignments, and emergency protective order hearings). The Law Office of Daniel J. Miller is more than capable of handling all of your family law issues.

To speak to our attorneys, call us at (757) 267-4949">(757) 267-4949 or contact us online.

Industries across the country have keenly felt the impact of COVID-19, and family law is no exception. From child custody to court operations and beyond, it's hard to think of an area of family law that hasn't changed due to the coronavirus.

Understanding these changes can help attorneys and clients alike navigate their cases more easily. Today, we're taking a look at how COVID-19 has changed family law and what you can expect from the legal industry going forward.

Courts Move Online

One of the most significant ways COVID-19 has impacted family law is by fundamentally changing how courts operate. Most courts aren't hearing family law cases in court (unless it's for an emergency like domestic violence). Instead, courts are using videoconferencing tools like Microsoft Teams to hold remote hearings.

For clients and attorneys alike, the shift to online hearings is something of a double-edged sword. On the one hand, it makes attending trial easily accessible to individuals without transportation. On the other, clients or attorneys with shoddy internet (an issue many Americans suffer from) may find remote hearings frustrating.

However, the shift to online platforms does have positive implications for the family law industry overall. It could encourage courts to digitize furthers and make remote hearings even more streamlined. If that happens, court would be much more accessible to your average citizen who can't make time to drive down to the courthouse—and the more accessible our legal system is, the better it is for your average American.

Parents Battle Through Child Custody Disputes

On our blog, we've already discussed how COVID-19 impacts child custody arrangements. From parents losing jobs thanks to an unexpected economic crisis to essential workers figuring out how to handle custody, co-parents today face no shortage of COVID-related challenges.

Again, there is a silver lining here. Many co-parents will come out of the COVID-19 pandemic with more robust, comprehensive co-parenting arrangements than they went in with. However, that doesn't make the plight of parents now any easier to bear.

Domestic Violence Spikes Across the Country

According to the University of Texas at Dallas, incidents of intimate partner violence in Dallas increased by 12.5% when the city's stay-at-home order went into effect. Domestic violence attorneys across the country expect similar increases to happen in cities across the country, which is disturbing considering that in-home violence is already underreported.

Law enforcement agencies across the country will need to brace to handle more domestic violence cases in the coming months.

The Divorce Rate May also Increase

Marriages may be another unexpected casualty of COVID-19. In China, cities experienced record-breaking numbers of divorce filings post-quarantine—and many family law attorneys predict the same thing could happen in the US.

Only time will tell if the divorce rate in America will increase, but if it does, attorneys need to get ready for an exceptionally busy 2021 divorce season.

At the Law Offices of Daniel J. Miller, we help clients resolve a variety of family law-related disputes. To learn more about our team or schedule a consultation, contact us online or via phone at (757) 267-4949">(757) 267-4949.