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  • https://online.fliphtml5.com/uthw/hohn/#p=1

    We are proud to announce that Daniel J Miller was selected by his professional peers for inclusion in Coastal Virginia Magazine’s 2024 Top lawyer, published in Jan/Feb 2024 issue. Those identified exemplify excellence in their various fields.
    Click here to view the full publication: Coastal Virginia 2024 Top Lawyer Winners
    Daniel J Miller - Coastal Virginia 2024 Top Lawyer Winner
  • Factors Under Review

    When making custody decisions, Virginia courts prioritize the child's best interests. They consider numerous factors to ensure a safe and stable environment with the goal of fostering the child's well-being and development.

    Commonly considered factors under Virginia law include:

    • The age and physical and mental condition of the child.
    • The age and physical and mental condition of each parent.
    • The relationship existing between each parent and the child.
    • The needs of the child.
    • The role each parent has played and will play in the future in the upbringing and care of the child.
    • The propensity of each parent to actively support the child's relationship with the other parent.
    • Each parent's relative willingness and demonstrated ability to maintain a close and continuing relationship with the child.
    • The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, age, and experience to express such a preference.
    • Any history of family abuse.
    • Any other factors the court deems necessary and proper to the determination.

    Under Virginia law, any history of family abuse, defined by § 16.1-228 of the Code of Virginia, sexual abuse, child abuse, or acts of violence, force, or threats that have occurred in the past ten years may diminish a party’s chance of obtaining or retaining custody of their child.

    How Instances of Domestic Violence Can Trigger a Modification of Custody

    A parent of a child or child protective services can seek modification of a court order or initiate judicial proceedings in the event a child is subjected to or observes domestic violence in the home. Virginia law places a high priority on the safety and well-being of children, and any proven incidents of domestic violence, especially in the presence of a child, can prompt court intervention.

    Parent-Requested Modifications

    When a parent learns their child was a victim of or observed domestic violence, or if a parent is a victim themselves, they may file a petition to modify an existing custody or visitation order. They may also seek out an emergency protective order to protect their child, themselves, or both. To initiate this process, the parent must go to the courthouse and speak with a juvenile and domestic relations court clerk, and also document the incident, which may take the form of police reports, medical records, or witness statements. At a hearing, the court will then assess the credibility and severity of these claims to determine whether modifications to the custody arrangement are warranted.

    CPS-Driven Cases

    In cases where domestic violence is reported to Child Protective Services (CPS) or law enforcement, the state may remove the child from the home and pursue a modification of custody arrangements. In severe cases, this may result in the termination of parental rights for the offending parent.

    In either scenario, the best interests of the child remain paramount. Consequently, any substantiated case of domestic violence can lead to significant changes in custody arrangements to ensure the child's safety and well-being.

    Seeking Legal Assistance for Domestic Violence Cases

    If you and your family are dealing with domestic violence, speaking with an experienced family law attorney can be highly beneficial. Attorneys at The Law Offices of Daniel J. Miller have a thorough knowledge of the Virginia Code and have helped countless families navigate similar situations. We are dedicated to providing the support and expert guidance you need during this challenging time.

    We provide a wide range of domestic-violence-related legal services, including:

    • Helping secure protective orders.
    • Guidance in seeking child custody modifications.
    • Representation during domestic violence hearings.
    • Representation in interactions with CPS.
    • Defense against false allegations of domestic violence.

    Our team is committed to helping you preserve the safety and well-being of your family, and we are here to help when you need us. Do not hesitate to reach out for a consultation to discuss your case and explore your options.

    How Domestic Violence May Impact a Custody Case
  • Definition & Distinction from State DUI

    When most people think of DUI charges, they envision state laws and local police stops. However, a Federal DUI is a distinct category of offense that occurs on federal property.

    This can include:

    • National parks
    • Military bases
    • Government-owned buildings and parking lots
    • Federal courthouses
    • Airports regulated by federal authorities
    • National monuments
    • Properties managed by the Bureau of Land Management (BLM)

    Essentially, if you are found to be driving while under the influence of drugs or alcohol on any land owned by the federal government, you may find yourself facing federal DUI charges.

    How Federal DUI Cases Are Pursued

    The prosecution process for federal DUI cases differs from that of state-level DUI cases. If you are arrested for a DUI on federal land, you will be prosecuted by a U.S. Attorney and tried in a federal court. This means that federal legal standards and procedures will apply throughout your case. Federal DUIs are taken very seriously, and the penalties can be severe.

    Federal DUI quick facts:

    • 36 CFR § 4.23 defines a DUI as having a blood alcohol content of 0.08 or higher.
    • A federal DUI on land managed by the National Park Service is a class B misdemeanor.
    • You may face fines of up to $5,000.
    • You may also be sentenced to up to 5 years of probation.
    • Federal DUI charges on any other non-national park, federally owned land are typically sentenced according to state DUI guidelines.

    The Assimilative Crimes Act & Federal DUIs Outside National Park Service Jurisdiction

    The Assimilative Crimes Act (ACA) allows federal authorities to enforce state DUI laws on federal properties not governed by specific federal statutes (like those cases happening on National Park land). This means that if you are arrested for a DUI on federal land, the penalties and procedures will align with the DUI laws of the state in which the federal land is located. For example, if you are arrested for a DUI on Naval Air Station Oceana, you will likely be prosecuted based on Virginia's DUI laws.

    Implied Consent in Federal DUIs

    As with state DUIs, implied consent laws apply in federal DUI cases. This means that by driving on federal land, you automatically consent to submit to chemical tests if suspected of driving under the influence. Refusing these tests can result in severe consequences, including fines and an automatic license suspension.

    What to Do If You Are Arrested for a Federal DUI

    If you are arrested for a federal DUI, it is crucial to take immediate and strategic steps to protect your rights and build a solid defense. The first thing we encourage you to do is seek legal representation from a qualified attorney experienced in handling federal DUI cases.

    Four steps to take if arrested on suspicion of a federal DUI:

    1. Stay calm and compliant
    2. Exercise your right to remain silent
    3. Contact an attorney immediately
    4. Document as much as possible

    If you are arrested for a DUI while on federally owned land, The Law Offices of Daniel J. Miller is here to guide you. Our firm is highly experienced in handling both state and federal DUI cases, ensuring that we are well-equipped to address the unique challenges of your situation.

    Our firm offers comprehensive DUI services, including cases involving:

    • Underage DUI charges
    • Out-of-state DUI charges
    • Drug-based DUIs
    • Breath test refusals
    • Felony DUIs

    We understand that facing federal charges can be daunting, but with our extensive knowledge and proven track record, you can trust us to provide robust legal support. From the moment of your arrest to the resolution of your case, The Law Offices of Daniel J. Miller is ready to put our experience to work for you.

    Schedule a consultation online.

    What Is a Federal DUI & Do I Need an Attorney?