Posts in category: Lawyer

Embezzlement is quite common in the corporate world. In the Commonwealth of Virginia, embezzlement is typically the types of property theft or larceny, wherein the defendant is primarily entrusted with the management or custody of assets or property belonging to another because of defendant’s office, employment, or a certain position of trust and reliability. According to a well-versed Virginia federal embezzlement lawyer, no company is safe from such criminal activity most often by their employee. Another thing is whether or not a crime has also been committed creates chaos among the departments. What is clear is the need to have an adequate compliance plan in the company that prevents us from these crimes, make it more difficult to commit and in case of suffering, exonerate the company of all responsibility to have put all the means at your disposal to avoid that circumstance.

As you know, after the reform of the Criminal Code, companies or legal entities can also be sentenced. Therefore, a highly experienced Virginia federal embezzlement lawyer recommends organizations to design and develop a compliance plan covers all essential elements, including such relevant aspects as follows:

• Normative update
• Compliance with current legislation.
• Specific regulations of each sector.
• Compliance / compliance program
• Reduce risks through the implementation of compliance protocols (Execution of the Compliance Program)
• Due Diligence or evaluation of partners, commercial operations, contracts (Valuation in the fields: Financial, Legal and Compliance)

The companies that work with a Virginia federal embezzlement lawyer expert in compliance find much more support when it comes to not facing these situations, but also when it comes to avoiding them because, as our grandmothers used to say, prevention is better than cure.

GOOD PRACTICES IN THE COMPANY

Starting from an idea of integrity is essential in the company – the address marks the tone. If the visible head is intact, it will motivate that behavior in the lower layers. Not necessarily an exemplary boss enjoys exemplary employees, but what is almost certain is that a remiss boss will cascade his style towards the lower substrates of the company. An aggressive Virginia federal embezzlement lawyer recommends companies to have in writing a well-defined Code of Ethics or Conduct. Yes, in writing. And there should be a place where “what cannot be done” is collected.

CONSEQUENCES OF EMBEZZLEMENT

It is immensely important for you to comprehend exactly what are the charges of embezzlement in Virginia State, i.e., what one can expect from the judges or court for the penalty for their criminal activity. In Virginia State, the consequences of the crime mostly depend on the worth, amount and value of the item embezzled. As per Virginia federal embezzlement lawyer, embezzlement of something of value above $200 is punishable as a felony grand larceny, resulting in a maximum of twenty years in jail. On the other hand, the embezzlement of anything valued lesser than $200 is punishable as misdemeanor petit larceny, resulting in a maximum of twelve months in prison.

Taking into account the severity of embezzlement punishment, it is critical to retain an experienced defense attorney when being accused of embezzlement charges in Virginia.

Virginia is among the top states where the driving is very reckless, and the rate of accidents is very high. According to a study conducted by a National Insurance Company last year, Washington D.C. is the place where accidents’ rate is highest. It’s not like the carelessness is too much, it’s also because the traffic in Virginia is too much; which results in accidents most of the times. As the rate of accidents is too high in the state, the number of lawyers and attorneys aren’t behind as well. Finding an attorney for your car accident case will not be a hard job for you if you live in Virginia.

Vehicle or car accidents can be scary for anyone and also overwhelming. You have to maintain your composure after it. What could be the next step after the accident? Well, the next step is for the compensation and can be a crucial process. Following a proper guideline will make you understand the process more easily. Breaking it down into following parts;

• Call the Police

If your car is damaged in an accident or you have suffered few injuries, then you need to call the police. They will reach the location where the incident took place and collect the evidence and will file a report. The information which will be observed by the police; how the accident happened? Who is at fault? Damages of the vehicle. How severe your injuries are? All of this will be noted by police in their report, make sure you ask for the copy of the report and keep it safe.

• Capture the Scenario

If the accident is not really severe, try to capture the whole scenario pictures. That’s what the Virginian lawyer suggests. Pictures of your vehicle, the damaged part importantly, if any law is broken, if there are skid signs on the road. This will surely help you later in the case and will prove out to be strong evidence.

• Gather the Witnesses

Did you spot anyone after your accident? Anyone who watched the incident happen? Anyone who saw your suffering injuries? If yes, then you need to talk to them and gather them for your case. Take their complete information when you talk to them. Ask them if they can bring positivity to your plea. Testifying on your behalf in the Court will require significant planning, so it’s important that you discuss your case with your lawyers.

At the end of the day, the chances of success lie primarily on the clarity of communication that you maintain with your lawyer. If you feel that you had some part to play in the accident, you should tell that to your lawyer. The compensation calculated will differ depending upon who was at fault. Instead of taking the case to trial, your lawyer will try to settle with the other party. This will ensure a quick settlement and also get you the compensation amount that you deserve. These are a few things that you should know about hiring an accident lawyer.

Child sexual abuse is one of the matters or the case where you feel awful for the victim most of the time. In the recent times, the amount of child abuse cases has become immensely higher than the previous times, or you might say that the media is becoming powerful day by day and people are confronting without the fear of anything or any consequences. Social Media is the key to the revelation of such faces. Although, the code of Virginia has the laws for child sexual abuse or crimes related to it.

Abuse with a Child, 13 to 15 years old

Any kind of sexual abuse such as intercourse, anal intercourse, cunnilingus, fellatio, and anilingus is considered as child sexual abuse.

If a person who “carnally knows” any person under 15 age, not forcefully, then the person will be convicted of the felony four crime.  Section 18.2-63(A). Thus, an individual guilty of this crime faces two to 10 years in prison and a possible fine of up to $100,000. Section 18.2-10(d).

If a person who “carnally knows” any person under the age of 15, performs any sexual act and their self is maxed three years older than the victim, then the felony six will be applied. The person will face the felony six conviction. There will be maximum of 12 months of jail and at least 2,500 US dollar fine.

If a person who “carnally knows” any kid under the age of 15, and he or herself is three years younger than the person then the person will be charged with misdemeanor one crime. The penalties can exceed 12 months in jail maximum and $2,500 fine.

Any child younger than 18 years old, involved in any sexual activity will be treated as per the code of Virginia which can be found here.

Excluding the penalties and the punishments from the headlines, child abuse can be a very traumatic experience for the child and can bring a lot of harm in many manners to his or her life. Sexual abuse between the age of 13-15 is nothing less than a tragic moment.

“If any person providing services, paid or unpaid, to juveniles under the purview of the Juvenile and Domestic Relations District Court Law, or to juveniles who have been committed to the custody of the State Department of Juvenile Justice, carnally knows, without the use of force, any minor fifteen years of age or older, when such minor is confined or detained in jail, is detained in any facility mentioned in § 16.1-249, or has been committed to the custody of the Department of Juvenile Justice pursuant to § 16.1-278.8, knowing or having good reason to believe that

• such minor is in such confinement or detention status,
• such minor is a ward of the Department of Juvenile Justice, or
• such minor is on probation, furlough, or leave from or has escaped or absconded from such confinement, detention, or custody; he shall be guilty of a Class 6 felony.”
• 18.2-64.1

Laws regarding Solicitation in Maryland?

In Maryland, there are laws which define prostitution and its aspects illegal and a crime. How severe a crime can be, it is up to the case and the situation. Mostly, a person who has never been involved in such cases gets leverage, but if there are subsequent activities, then it is going to be a harsher scenario for the accused person. It is suggested by every lawyer to learn from your mistakes and do not fall into any criminal activity because it will always come in between the case you are facing. For, E.g., if you have convicted any crime in your past such as sexual battery, and now you are accused of solicitation or prostitution, then your sentencing and penalties will be dependent on your past crimes as well.

Solicitation comes under the House of Prostitution law in Maryland. There are different categories of law regarding prostitution such as human trafficking or if there is any minor involved or not. Solicitation for prostitution is a misdemeanor crime in Maryland.

Charges – Solicitation for Prostitution

Solicit means urging or encouraging and solicitation for prostitution is when you urge someone or ask someone for prostitution. It is a crime according to the law of Maryland (§ 11-301). The maximum sentencing for solicitation for prostitution is a year in jail or a fine of $500. In worse situations, it can be both, but the maximum limit is the mentioned one. The penalties or sentences increases if there is any involvement of the minor or if the accused person has done human trafficking. This can lead to a felony crime, and the charges may exceed; it also put the defendant into sex offender list which is a lifelong tag. Sex crimes which are a felony put the person in the sex offender registry. The penalties and sentences for committing such crime are ten years to 25 years in jail at max. The fine also exceeds from $500 to $5,000 which can hit $15,000 max. The lawyers and other law related individuals think that having a sex offender tag is the biggest penalty there is. Because, after that, the family, society, and the workplace won’t be the same for you.

Once you are convicted of solicitation or prostitution; your wife, your kids, your parents, the society and your colleagues look at you differently. The situation changes once you are found guilty of such charges and the penalties. If there is no felony criminal charge, then you can appeal for it and get leverage. If it is your first time, then lack of knowledge might help you. You need to consult an attorney if you are convicted with solicitation for prostitution; consultation with the attorney is always free of cost, and that can help you better.

Being charged with a criminal offense in Virginia is a testing and distressing trial. You might confront substantial fines and extended jail time if sentenced. Having a devoted group on your side can significantly enhance your odds for accomplishment in battling the charges and maintaining a strategic distance from extreme punishments. An accomplished criminal defense lawyer can help manage you through the legal procedure, give you strong counsel, advise you on missteps to abstain from amid an arrest, and ensure that your rights are shielded from start to finish. On the off chance that you have been charged with a criminal offense, a Virginia criminal legal counselor will battle to shield you from the potential adverse outcomes that can come about because of a criminal conviction.

There are a few reasons one might be charged with wrongdoing including mistaken identity, false accusations, lack of restraint, misguided thinking, or feeling that one had no other decision however to submit certain activities. Notwithstanding the conditions that prompted a criminal charge, on the off chance that you are blamed for a criminal offense in Virginia, you would be astute to learn however much as could reasonably be expected about the charges you confront.

Virginia crimes are charged as either a misdemeanor or felony offenses. A misdemeanor is viewed as less genuine wrongdoing than a felony, with the greatest jail sentence of one year. Violent crimes, high dollar property crimes, and actual drug crimes are, by and large, considered lawful offenses and convey jail sentences of up to life in jail. Certain crimes, for example, DUI and assault, might be charged as either a misdemeanor or a felony, contingent upon the conditions encompassing the offense. For instance, first offense DUI is a misdemeanor deserving of up to a year in jail, however ensuing offenses might be charged as felony DUIs. Assault is for the most part charged as a misdemeanor, yet aggravated assault is viewed as a felony. Different crimes remain immovably planted in the misdemeanor classification, for example, disorderly conduct.

Crimes at the Federal Level

Virginia Criminal offenses that are arraigned by the United States government, as opposed to Virginia, are viewed as elected offenses; in any case, charges might be gotten either state or elected court. Government criminal offenses incorporate drug crimes, for example, drug trafficking and fabricating and additionally sex crimes, for example, the generation of child pornography. Convictions for government crimes regularly prompt considerably harsher punishments than state-level criminal offenses, which is the reason the assistance of a prepared elected crimes legal advisor is absolutely critical.

Aggressive Criminal Defense Lawyer Virginia

Nobody anticipates turning into a defendant in a criminal case, yet in the event that you wind up confronting a criminal misdemeanor or felony charge, your opportunity and job could be in danger. In the event that you are addressed about your inclusion in any wrongdoing, arrested on a criminal grumbling, or charged with a misdemeanor or felony offense, it is your entitlement to have a lawyer, and it is vital to exercise such constitutional rights.

Like any other state, it is highly prohibited to keep possession of illegal drugs in Virginia. The drug laws in Virginia also prohibits distribution of drugs in the state. Carrying or distributing the drugs with the prescription, but not to the person who’s prescribed, is also an offense and an illegal activity. These cases are taken very seriously throughout the State by Commonwealth. Getting penalties or charged for keeping drug possession or distribution, depends on the type of drug or if the guilty person had a prescription or not. Penalties fully depend on violation of the law.

Usual OffensesView post

The most common drug crime in Virginia is keeping the marijuana. It mostly happens when the cops find an unusual traffic activity and find the driver with the possession of marijuana or finding the driver intoxicated. The second usual offense in Virginia is keeping the possession of marijuana. It takes a lot of time to discover these distributors. Mostly, anyone from Police department plays an important role in it by faking themselves as a buyer and then leading towards the capture of the person who sold it. Police Department then try to capture distributors through the guilty person as much as they can.

Not only Marijuana, keeping possession of more severe and serious drugs can be seen on Virginia’s streets. In the last few years, there has been a major increase in heroin and other serious drugs cases.

Possession of Drugs

There are two different types of possession cases in Virginia Code. One of them is; actual possession, and the other one is; constructive possession. In actual possession, Police find the drugs in the hands of the accused person or in the car or whatever vehicle they are driving. Whereas, in constructive possession, even if police find the drug in the car, but if the car belongs to someone else, the person who’s driving will not get the penalty directly. When it comes to court, the most common question asked after constructive possession case is whether the accused person had the information of the drug or not. Being near to the drug or any illegal substance or being in the vehicle where any illegal substance is found, it is not enough to prove whether you are guilty of committing a crime or not.

Penalties

Penalties for keeping possession of drugs or for distributing it are very severe. There are different scheduling sections for the drug offenders. Schedule I applies when the person is found with the possession or distribution of Heroin or LSD. Since they both are dangerous for human in medical terms, they are marked as Schedule I offense which means $2,500 fine or 10 years in prison. Schedule II has the same penalty, but the listed drugs can be medically used such as methamphetamine, etcetera. Schedule III drugs have same penalties like Schedule I and II, including Codeine. Schedule III has same $2,500 fine and same imprisonment. Schedule IV includes Valium and Zanax and its penalties six months in prison or $1000. Schedule V has cough syrups and another misuse of medicines, if it falls into violation of drug law, then it will put $500 of fine. Keeping marijuana can cost you $500 or a month in jail, and if you are found guilty again with the same charge, then the penalty will be $2,500 or 1 year in jail or both.

Domestic violence includes a variety of different offences. You need to find an accomplished lawyer who has worked in this field, as well as someone who will have have the capacity to give you a cleare picture of your case and make it simpler for you to make sense of what will happen in the event that you continue with the case. It’s imperative that you converse with your lawyer to decide first. You can search for local domestic violence lawyers near you and then set an appointment with someone to find out what they have to say.

Abusive behavior at home encompasses a lot of things, so it’s suggested that we separate it into various parts and distinctive oppressive standards of conduct. To improve matters, one can state that abusive behavior at home can be additionally separated into five unique parts. Physical savagery, which includes hitting your accomplice, gagging them, gnawing, kicking, pushing, or the utilization of weapons is a standout amongst the most unsafe examples of conduct and can lead to genuine wounds.

For instance, psychological mistreatment can be named a type of abusive behavior between partners. The utilization of embarrassing and scaring strategies like hurling insults, or calling them names, or disgracing them either out in the open or at home, are on the whole cases of psychological mistreatment. So also, tormenting the casualties’ pets, or even demolition of their property are depicted as a type of aggressive behavior at home. 

Abusive behavior at home is fundamentally viewed as a kind of bad conduct standard under the laws of the state, and regularly utilized as a power tool by life partners. Numerous men have been charged of manhandling their partners, in their endeavor to build up a great chain of command in the relationship. The utilization of physical dominance is done while keeping in mind the end goal, which is to scare your partner into following your bidding.

Another type of aggressive behavior at home that isn’t discussed often is complete and utter disregard. In the event that your accomplice is continually showing signs of neglect towards you, even in the midst of need, you need to consider placing a charge against them for abusive behavior at home.

Marital rape is one of the most terrible types of aggressive behavior at home. Taking part in forced sex, or showing your domination by forcefully raping your partner or touching them without their consent is a terrible offence too. Likewise, financial control, particularly without the will of the person, is additionally a type of domestic misdemeanor. Cash is required for day to day expenses, and controlling a person’s finances without their will is a type of offense. Keeping data about accounts, controlling the funds of the family, or not providing adequate funds to the person to meet their basic needs is a genuine domestic offence and can eventually put a person behind bars.

Grandparent custody rights are usually a very steamy topic in Virginia. This situation usually heats up the when the parents of the grandchild are not acting in the best interest of them. When this kind of situations happens, grandparents have the right to file the case for custody which is also known as a third-party petition for the custodial rights. Although, whoever is going to file the petition must mention the other additional items that best interest. The reasons for filing for the custody rights can be numerous; like the parents of grandchild become incapacitated, gets prison for any reason or they become unfit to keep the custody of their children.

Grandparent Custody Rights by Law

The Supreme Court of United States of America states the parents have the right in rearing the children, according to the constitution. It goes as “interests of parents in the care, custody, and control of their children… is perhaps the oldest of the fundamental liberty interests recognized” – Troxel v. Granville, 530 U.S. 57, 65 (2000)

Referring to above line, this right only belongs to parents, not grandparents. The question is, if the constitution says this clearly, then what situation leads to the custody rights for grandparents?
Virginia code of Law does allow the grandparents to claim the custodial rights over parents, but there are different circumstances for that.

Virginia Code Section 20-124.2 says; “In any case in which custody or visitation of minor children is at issue, whether in a circuit or district court, the court shall provide prompt adjudication, upon due consideration of all the facts, of custody and visitation arrangements, including support and maintenance for the children, prior to other considerations arising in the matter.”

This code section allows that if any person has legitimate reasons and looking to take care of the child, can file for the petition and go for the custodial rights. Although the code does allow the grandparent to have the custodial rights of their grandchildren but fighting a case against the parents of grandchildren can be extremely hard, and it is highly unlikely that the result will come out in favor of grandparents. If it is to take place, then there are going to be two situations in which grandparents are going to have the custody.

1. Proving that the custody of grandchildren will be more beneficial and will be in the best interest of them.
2. Denying the parental legal presumption.

Usually, blood relations file the cases with the legitimate reason and in the best interest of the child. What does it need? Convincing evidence for the custodial rights, that’s all, simply. Even though parents can visit after losing the case to grandparents, grandparents can also file a case for not letting them visit the children. For that, grandparents have to give solid proofs that the parents are going to bring serious harm to the children so they shouldn’t be allowed to meet with the children.

Defining Theft in the context of Virginia Law

Virginia law basically alludes to all theft and theft-related violations as “larceny,” and gives no broad meaning of the term. It’s sheltered to state that theft in Virginia can be characterized as the unlawful taking of property that has a place with another person, finished with the plan to for all time deny the proprietor of the property. Furthermore, Virginia criminal statutes do characterize some unmistakable theft-related offenses, including:

• (§ 18.2-97.) Larceny of certain animals
• (§ 18.2-98.) Larceny of bank checks and notes
• (§ 18.2-102.) Unauthorized use of an animal, aircraft, or vehicle
• (§ 18.2-103.) Taking possession of merchandise or concealing with intent (shoplifting)
• (§ 18.2-107.) Destruction or theft of public records
• (§ 18.2-108.) Receiving stolen goods
• (§ 18.2-111.) Embezzlement

Classifying Theft Offenses and Penalties in VA

Virginia classifies larceny offenses as indicated by the estimation of the property included – or, in a few conditions, by the kind of property taken. This classification resembles those of most other states. How about we begin by investigating each level of theft or larceny under Virginia law thus, starting with petit larceny (or petty theft), which is the most reduced level of theft under Virginia law.

Petit Larceny. Defined as the theft of property or services esteemed at under $200, or the theft of property esteemed at under $5 when taken straightforwardly from the individual of another.

Petit larceny is classified as a class 1 misdemeanor under Virginia law (Va. Code Ann. § 18.2-96.), deserving of confinement in prison for not over a year, a fine of not more than $2,500, or both. (§ 18.2-11(a).)

Grand Larceny. Grand larceny in Virginia happens when a man confers larceny and:

• property value is over $200
• property is valued at $5 or more and is taken from the person of another, or
• property stolen is a firearm. (§ 18.2-95.)

VA Civil Penalties for Theft

Notwithstanding criminal punishments, a man who carries out shoplifting in Virginia might be civilly subject to the store proprietor for:

• Two times the retail value of the merchandise, or $50, whichever is greater (but if the store owner recovers the merchandise in a sellable condition, the penalty will be no more than $350 total), and
• The store owner’s reasonable court costs and attorney fees in an amount of no more than $150. ( § 8.01-44.4(A).)

Effect of Previous Convictions

In the event that a man submits larceny in Virginia – whether petit larceny, grand larceny, or some other kind of larceny offense – with a past conviction for a misdemeanor or felony larceny offense, the offense will be rebuffed by a sentence of confinement in prison for no less than 30 days, yet not over a year, notwithstanding any fine set by the court. This is the situation whether the earlier conviction happened in the province of Virginia, or in some other state.

A protection order is a court order that prohibits the aggressor from approaching, threatening, annoying or harassing the victim in any way. When a judge grants an order of protection, the aggressor cannot pursue the victim in his place of residence, work or study.

The full protective orders in Virginia will completely restrict and retrain an abuser from all sorts of contact whatsoever, including phone calls, texts, meeting in person or virtually, emails, or disturbing the victim in any way. A full protective order is often carried out by a physical restriction like the abused having to reside a minimum of hundred yards far away from the victim all the times. Consequently, it produces a theoretical bubble around anyone named on the order. Thus, wherever they go or roam, they are still in the ‘protection’ due to the order.

Who can request an order of protection?

Full protective orders in Virginia can be requested by any person who are the victims of domestic violence, regardless of their marital status, social status, race, sexual orientation, gender identity or immigration status. As a general rule, it is the victim who has to request a protection order. However, the law recognizes that, in an emergency or when the victim cannot do it on his/her own, another person may request it for him/her. Employers can also request full protective orders in Virginia on behalf of their employees.

It is suggested that before, during and after requesting a protection order, the victim communicates with any of the entities and organizations that work with cases of domestic violence, so that they become familiar with the process, receive psychosocial assistance and prepare a plan that helps them come out of the cycle of domestic violence by guaranteeing their safety.

How much does a protection order cost?

The protection order has no cost. People who wish to request an order of protection can go to the Secretary of the Court of First Instance closest to their residence and request the corresponding form. The assistance of a lawyer is not necessary for this process.

How long is the protection order?

Full protective orders in Virginia are not indefinite, but have a specific duration. The Judge or Judge who sees the case makes a determination about how long that order of protection will last. It is important to be aware of the date on which the order was granted and its duration. Once granted, the protection order will include this information.

What happens if I move or visit the United States while my protection order is in effect?

A full protective order is valid in all states of the United States. It is suggested that people have a protection order in their favor and that they move or travel to the United States to communicate with the Court of that jurisdiction. Thus, you will be able to know the rights and processes that exist on the protection orders in that place.

To know more about full protective orders in Virginia, approach a well-versed Virginia attorney having years of experience in handling similar matters.