Blogs from May, 2021

Every year, new reports are filled with stories about parents, guardians, and other parties such as babysitters or dog walkers leaving children and pets in hot cars during the summertime.

In Virginia, leaving a child or pet in a car could result in criminal charges - especially if doing so makes the child or pet unsafe. Evidence that a parent or guardian regularly leaves their child or pet in cars unattended can also significantly influence the outcome of child custody cases.

Today, we're taking a deeper look at the consequences of leaving a child or pet in the car. To schedule a consultation with our team and obtain legal representation for your family law or criminal defense case, contact us online or via phone at (757) 267-4949.

Is It Illegal to Leave a Child or Pet in a Car During the Summer?

Many people drastically underestimate how long it takes for a parked car to reach unsafe temperatures in the summer heat.

Cars can easily reach temperatures that are unsafe for children in an hour. Infants and pets are more at risk, and could experience adverse effects from being left in a car during the summer even faster.

According to Virginia law, pet owners have a legal duty to provide companion animals with "adequate care." Owners who leave animals in cars during warm or hot weather long enough for the animal to experience adverse effects from the heat may be charged with cruelty to animals.

Unlike many states, Virginia does not have specific laws preventing parents from leaving a child unattended in a car. However, child neglect charges could apply to parents whose child experience negative effects from being left in a hot car.

Child neglect charges have broad parameters in Virginia. A parent may be charged if they leave a child "delinquent, in need of services, or in need of supervision." As a result, it's fairly easy for state prosecutors to charge parents who leave children in hot cars with child neglect.

Pet owners charged with cruelty to animals may face a Class 1 misdemeanor charge, punishable by up to a year in jail and/or a fine of up to $2,500. The judge may also order the owner, if convicted, to attend a counseling or education session to prevent further occurrences of cruelty.

Parents charged with child neglect could face a Class 4 felony, punishable by 2-10 years in jail and/or a fine of up to $100,000.

Additionally, being charged with child neglect could have a significant impact on parents engaged in a child custody case (or who will be part of a custody battle in the future). A judge could award a parent with a record of child neglect with less or no custody rights, depending on the circumstances of the case.

At The Law Offices of Daniel J. Miller, our attorneys will work with you to ensure you receive the highest level of legal representation in your family law or criminal defense case. To schedule a consultation with our team, contact us online or via phone at (757) 267-4949.

For decades, researchers have noted an increase in road rage incidents during the summer. In Virginia, "road rage" - which goes by the name "aggressive driving" when classed as a crime - can carry serious penalties, including a jail sentence of up to six months and fines of up to $1,000.

Today, we're exploring why incidents of aggressive driving appear to increase over the summer in Virginia, as well as examining the criminal and social consequences of being charged with or convicted of road rage.

To schedule a consultation with our team and receive the representation you deserve for your criminal defense case, contact us online or via phone at (757) 267-4949.

Why Do Incidents of Road Rage Increase Over the Summer?

If you're thinking, "surely people aren't more likely to get angry while driving just because it's hotter outside," you probably wouldn't be the only one. However, statistics indicate that people are indeed more likely to exhibit aggression to other drivers during the hotter months of the year.

It's important to note that, even under normal circumstances, road rage is actually fairly common. According to research by BankRate, around 75% of American drivers admit to driving aggressively.

As to why people are more likely to display road rage in the summer months? There are several reasons.

Drivers Experience More Fatigue

Fatigue actually plays a big role in road rage incidents. The more tired or drowsy a driver is, the worse their reflexes tend to be. As a result, many drivers suffering from fatigue experience road rage from other drivers for failing to react to certain situations appropriately, such as accidentally cutting off other cars or failing to use a turn signal.

Fatigued individuals also typically have more trouble regulating their own emotions, meaning that fatigued drivers may be more likely to exhibit road rage themselves.

Road Are Packed

Most people choose to take vacations during the summer, meaning more drivers are on the road. Anyone who's been in a traffic jam knows that people often tend to get more heated (emotionally and physically) the longer they have to creep forward in traffic.

Exasperation over increased traffic isn't the only factor here, however. Heat also has adverse effects on cars, contributing to accelerated wear on tires and more problems with components overheating. This can result in aggressive driving and road rage when somebody suddenly has to stop their car and pull over, or is forced to drive more slowly thanks to mechanical issues.

The Kids Are Out of School

Many teens are excellent drivers. Unfortunately, some are not, and teens having access to the roads during the day when they may normally be in school could contribute to incidents of road rage. It also plays a role in the previous factor, namely how busy roads are.

Road Repairs Make Everything Take Longer

Summer is the most popular time of year for road construction. For a number of economic and logistical reasons, most road work happens in the summer months. That leads to increased driving times and delays, which only further contribute to driver fatigue and packed roads.

At this point, it's probably pretty clear - summer often creates the perfect storm for increased incidents of road rage.

Preventing Road Rage

As we mentioned at the start of this article, aggressive driving can carry some hefty legal penalties. Those consequences only increase further if someone is hurt due to another person's reckless driving.

Here are some things you can do to avoid road rage:

• Keep yourself hydrated. Drinking water will reduce the chances of the heat getting to you by lowering your body temperature.
• Keep snacks in the car. Foods such as granola bars can help you avoid blood sugar drops and fatigue.
• Increase airflow. If you can, keep air constantly circulating by keeping the air conditioner on, or your windows rolled down.
• Ignore raging drivers. If someone is exhibiting aggression toward you, try and maneuver away from them without making eye contact or letting them know you're aware. Motions of disapproval may make a raging driver even angrier and more dangerous. Try to get a safe distance away before reporting the offender to law enforcement.

At The Law Offices of Daniel J. Miller, we help clients resolve complex family law and criminal defense cases. To schedule a consultation with our team, contact us online or via phone at (757) 267-4949.

Sharing custody of a child can be stressful even under the best circumstances. One of the most challenging times of the year for many co-parents is summer vacation, where custody sharing requirements can change and scheduling often becomes more difficult for everyone involved.

Today, we're exploring different ways parents can share custody over the summer in Virginia, and what you should do if your co-parent refuses to share custody of your child with you.

To schedule a consultation with one of our experienced child custody attorneys, contact us online or via phone at (757) 267-4949.

What If My Co-Parent Refuses to Share Custody?

In most joint custody arrangements (where both parents have legal and physical custody of their child), Virginia courts mandate that the child sees both parents consistently.

In some joint custody arrangements, that may mean the child spends an almost equal amount of time living with each parent. In others, there may be a greater disparity in the time the child spends living with or visiting the noncustodial parent when compared to the custodial parent.

Regardless, both parents have a right to house or visit their child depending on the terms of their custody order. If one parent denies the other their visitation rights, they are violating the terms of their custody order.

If your co-parent refuses to honor the terms of a court-established visitation arrangement, you have a few options:

• Negotiate with them. If possible, you can discuss terms for a different visitation arrangement with your co-parent. If you reach an agreement for a visitation order that works better for both parties and your child, you can request a custody modification to change the terms of your current visitation order.
• Call the police or local child abduction unit. If you are worried that your co-parent may harm your child or intends to abduct them, you can contact law enforcement professionals to help ensure your child is safe.
• File a custody enforcement case with your local court. If a judge agrees that the other parent is violating the terms of your custody arrangement, they can take a number of actions to address the situation.

If your co-parent:

• Refuses to exchange custody as per the terms of your visitation arrangement;
• Tries to interfere with your visitation time;
• Refuses to act in the child's best interests, such as avoiding taking them to the doctor or counseling sessions;
• Engages in substance abuse or other actions such as child abuse or neglect;
• Or chronically shows up late or early for custody exchanges;

You may wish to file a custody enforcement case with the court. If the court agrees that your co-parent has violated the terms of the custody arrangement, they may:

• Find them in contempt of the court, resulting in fines or even jail time;
• Award you additional custody for days you missed;
• Modify the terms of your custody arrangement to better fit your needs;
• Order the other parent to pay for your court costs and lawyer's fees.

In any custody case, the court's primary concern will always be the child's wellbeing and best interests. The court will determine what's best for the child, and then attempt to facilitate an arrangement that enables them to thrive.

How Should I Share Custody Over the Summer?

Sharing custody over the summer can be challenging.

At the outset of your custody order, you should determine how you and your parent intend to handle holidays such as Mother's Day or Father's Day. Taking care of holidays ahead of time avoids awkward situations later down the line where one party gets the other a gift they weren't expecting or wants to split a holiday the other parent would like to spend alone with their child.

After you think about holidays, it's time to think about how you want to handle day-to-day custody.

Many parents rely on school as a form of childcare during the school year, especially if they work a traditional 9-5. Without school to occupy your child, you should discuss opportunities like summer camps and childcare with your co-parent if neither of you can be at home during the day to watch your child and they're not old enough to look after themself. You may also consider having a relative, such as a grandparent, look after them. Whatever you decide, it's important that both parents are comfortable with the arrangement.

Many parents choose to extend visitation time over the summer so that each parent may have custody for a few weeks or even a month at a time. For some parents, the summer is the only time they'll have custody of their child during the year, so being able to spend a significant amount of time with them is important.

If you and your co-parent have different work schedules (for example, one parent regularly travels for work or handles the night shift), figuring out a custody arrangement that works for both parties may be more difficult. Considering an alternative arrangement, such as switching off custody every three or four days in an alternating fashion, may help you get around awkward work schedules more easily.

Last but not least, many parents choose to take vacations over the summer. If you want to bring your child along for a vacation, make sure to let your parent know as far in advance as possible. Having events planned ahead of time enables you to ensure you and your co-parent can share custody equitable and they get their own vacation with your child at some point.

At the Law Offices of Daniel J. Miller, we know your children mean the world to you. Our child custody attorneys can help you develop the perfect parenting plan for you and your co-parent, working with you to draft a parenting plan that enables your child to thrive.

To schedule a consultation with our team and get the legal counsel you deserve, contact us online or via phone at (757) 267-4949.

On Wednesday, April 7th, 2021, Virginia's Legislature passed a bill legalizing the use and possession of recreational marijuana in small amounts. The legislation, which makes Virginia the 16th state to legalize the use of marijuana in controlled amounts, was widely celebrated by legalization advocates.

However, the bill isn't a free license for Virginians to use marijuana in any capacity. Depending on the circumstances, marijuana users could still face legal penalties. Today, we're exploring the ins and outs of how legalization will impact the state once it kicks into effect on July 1st.

If you're facing drug crimes charges, our attorneys can help defend your rights in court. To schedule a consultation with our team, contact us online or via phone at (757) 267-4949.

What's Legal Under the New Legislation?

Under the new legislation, individuals over the age of 21 can have an ounce or less of marijuana in their possession while in Virginia.

However, selling or buying marijuana in the state will be difficult. Currently, the state government plans to establish an agency called the Virginia Cannabis Control Authority (VCCA). The VCCA aims to oversee the construction of a commercial marijuana market in Virginia, but it could take years before state residents have consistent access to recreational marijuana. The state will start taking applications for retail licenses on July 1st, 2023, meaning sales probably won't go into effect until early 2024.

However, each Virginia household can now cultivate up to four marijuana plants as long as they're inaccessible to children. While there are no regulations for selling marijuana legally, adults can gift another adult up to an ounce of marijuana.

Additionally, driving with marijuana in the car is still illegal, even if the driver only owns an ounce or less of the substance.

In essence, Virginians can now grow and partake in marijuana in the safety of their homes in a limited capacity. However, the state is still years away from establishing a viable commercial market for the substance, and individuals found transporting marijuana in their vehicles may still face criminal charges.

What Happens if I Own More than an Ounce?

Individuals found in possession of between an ounce and a pound of marijuana could face civil charges and a fine of up to $25.

Individuals who own more than a pound of marijuana may face felony charges, resulting in a prison sentence of up to 10 years and a fine of up to $250,000.

Additionally, individuals found possessing marijuana on public school grounds could face class 2 misdemeanor charges, resulting in up to six months in jail and a fine of up to $1,000.

What About Individuals Serving Sentences for Marijuana Charges?

Currently, individuals convicted of marijuana-related drug crimes cannot have their records expunged.

However, the state will begin removing arrests, charges, and convictions for possessing or selling marijuana from public view, giving more privacy to individuals facing such charges. By July 1st, 2025, the state has mandated that all such marijuana-related charges must be removed from public view.

Depending on the circumstances of the case, it may also be possible for individuals with felony drug crime convictions related to marijuana to have that evidence removed from public view.

Next year, when the Virginia General Assembly meets, legislators will continue discussing whether individuals convicted of marijuana possession, selling, or buying prior to its legalization can pursue expungement for those charges, removing them from their record.

What Are Opinions on the Legalization?

While numerous legalization advocates are happy to see recreational marijuana legalized in some capacity, many argue that it doesn't go far enough to actually protect the use of recreational marijuana in Virginia. Legalization advocates also argue that the state is dragging its feet in allowing citizens convicted of marijuana-related crimes to pursue expungement.

Additionally, economic proponents of legalization have taken issue with the timeline for a commercial marijuana industry in Virginia, arguing that the sooner a market is established, the sooner the state can begin reaping profits from it.

Conversely, individuals opposed to legalization on various grounds are unhappy with the loosening of marijuana-related drug laws, and are likely to push back against expungement for individuals convicted of marijuana-related crimes and the expansion of a commercial marijuana market when the General Assembly convenes to discuss such matters next year.

At the Law Offices of Daniel J. Miller, we represent Virginians during drug crimes cases. To receive the legal counsel you deserve for your case, contact us online or via phone at (757) 267-4949.