Newport News Criminal Law Blog

Police must have reasonable suspicion to stop you for a DWI

On behalf of Weisberg & Weisberg, P.L.L.C. on Wednesday, October 16, 2019.

If you have had too much to drink before getting behind the wheel, you are potentially putting your life and the lives of others in danger. You also face some harsh legal penalties for driving while impaired. Still, unless you are at a sobriety checkpoint, officers cannot stop your vehicle just to see if your blood alcohol concentration is above Virginia’s 0.08% legal limit.

The Constitution’s Fourth Amendment protects you from unreasonable searches and seizures. Generally, for officers to search you, arrest you or take your property, they must have probable cause. The legal standard is lower when it comes to vehicular stops. As described in a seminal U.S. Supreme Court case, officers only need reasonable suspicion to stop your vehicle.

Joint accounts could jeopardize your credit after divorce

On behalf of Weisberg & Weisberg, P.L.L.C. on Tuesday, September 24, 2019.

It's natural for married couples to have joint credit cards, co-sign on auto loans and otherwise mingle credit. Once you decide to divorce, however, untangling your financial lives can become complicated — and even more so if your spouse starts abusing credit lines or failing to pay bills in a timely manner.

Here are several actions you can take to protect your credit from your ex.

Social media activity may harm your custody case

On behalf of Weisberg & Weisberg, P.L.L.C. on Wednesday, September 18, 2019.

Seemingly everyone these days uses some form of social media. In fact, according to the Pew Research Institute, nearly 70% of adults in the United States regularly use Facebook. While social media offers an effective way to engage with the online world, it may cause trouble for your child custody matter.

As you likely know, you can use Facebook, Twitter, Instagram and other online platforms in a variety of ways. That is, you may post frequently, comment occasionally or simply read through other users’ content. If you are not careful, though, your online presence may make obtaining custody more difficult. Here are three types of online activity you should probably avoid.

Are federal authorities listening to your phone calls?

On behalf of Weisberg & Weisberg, P.L.L.C. on Wednesday, July 31, 2019.

A funny meme has been making the rounds on social media. In the meme, users make light of a scenario where an agent from the Federal Bureau of Investigation listens to every phone call or reads every text message a person sends. While memes are often far from reality, this popular one raises an important question: Are federal authorities listening to your phone calls?

Federal officers may receive approval to surveil electronic communications in two different situations. First, they may seek a warrant to investigate the communications of individuals in the United States whom they suspect have committed a crime. Alternatively, they may obtain a Foreign Intelligence Surveillance Act warrant to monitor the communications of a foreigner.

What is probable cause in a criminal case?

On behalf of Weisberg & Weisberg, P.L.L.C. on Thursday, June 20, 2019.

Watching any measure of crime TV will introduce you to the term "probable cause." You may hear it concerning a traffic stop or entry into a residence during a tense situation.

Do you understand what constitutes probable cause and when the police can institute it? If you ever find yourself on the receiving end of those words, it will do you good to know how to respond and handle yourself accordingly.

Domestic violence charges may affect child custody

On behalf of Weisberg & Weisberg, P.L.L.C. on Wednesday, June 19, 2019.

Breaking up is hard to do, and it can make your emotions flare, especially your temper. When you allow your anger to take control, you may find yourself in hot water with the law.

If you get charged with domestic violence, the Virginia family law court may wind up holding it against you. Whether you and your ex have already reached an agreement for custody and parenting time or you just started the process, getting tripped up along the way with a physical assault charge may result in big hurdles to overcome.

What are the typical first-time DUI punishments in Virginia?

On behalf of Weisberg & Weisberg, P.L.L.C. on Wednesday, May 8, 2019.

Most people are well aware that drunk driving is illegal in Virginia and every other state, but they may not know the details of the law. For example, law enforcement can arrest you on suspicion of DUI if you have a blood alcohol concentration (BAC) of at least 0.08%. You can also face charges if there is an open container of alcohol in your car and you show signs of impairment. And those are just a couple of ways to be accused.

Receiving a DUI conviction on your criminal record comes with legal, financial and personal repercussions. Knowing the specific aspects of drunk driving charges can help you be more aware of the issue, make better choices and be ready in case you ever get in trouble with the law. Here are the penalties you can expect for a first DUI offense.

Same-sex stepparent adoption in Virginia: Overcoming challenges

On behalf of Weisberg & Weisberg, P.L.L.C. on Friday, March 29, 2019.

Adopting children can be challenging under the simplest circumstances. For same-sex couples, there may be additional concerns to be aware of.

Although marriage equality is recognized in all 50 states, same-sex couples may still face some discrimination in the courts. This has the potential to complicate many already complex matters, such as stepparent adoption in Virginia. Here is some background information on the subject as it pertains to same-sex marriage.

When can I reduce spousal support payments in Virginia?

On behalf of Weisberg & Weisberg, P.L.L.C. on Wednesday, March 20, 2019.

Are you paying too much spousal support (traditionally known as alimony)? For some, modifying these orders is a financial necessity. However, having the economic need is not always enough. You would also need to present a formal, convincing argument to a judge.

Apart from situations involving cohabitation, remarriage or death, Virginia courts tend to divide eligible modification cases into two broad categories. If you are feeling like your support payments are unmanageable, it is likely you fall into one or both of these. Please read on for a brief analysis of each category, with some examples.

How child support is calculated in Virginia: Factors and issues

On behalf of Weisberg & Weisberg, P.L.L.C. on Friday, February 15, 2019.

Despite a core process and regulations concerning each step, divorce remains a complicated activity. In theory, it sounds simple to divide property, split time with children and determine how much financial support is necessary.

Unfortunately, most parts of divorce rely on personal circumstances and unique factors. This means that even for aspects with a basic formula, such as child support, deviations are common, making the calculation anything but simple. Understanding how it works in Virginia can help you successfully navigate this complex area.