legal-blog

Recent Virginia Cases Demonstrate Severity of Hit-and-Run Accidents and Charges that Follow

Tue, 01 Oct 2013 14:20:56 +0100

Nearly everyone has experienced the panicky feeling of losing control of a vehicle. Whether due to the weather, a faulty mechanical part, or a simple mistake, losing control of a car can lead to the destruction of property, injury of persons or animals, and, sometimes, death. A car accident can be made even worse with the issuance of a traffic ticket, and, in some cases, misdemeanor or felony charges. In the case of a hit-and-run accident, major penalties and consequences may result from such a criminal charge.

Virginia Incident

Hit-and-run accidents are, unfortunately, not few and far between in Virginia. Last month, in mid-August, a 17-year-old boy was killed after being hit by a driver who fled the scene. As discussed in a recent article, the young man was walking on the shoulder of Interstate 66 in the very early hours of the morning in Fairfax, Virginia, when he was hit by a car. While police officers believe that the teen may have been committing suicide, they are still investigating the incident. If the driver is found, he or she may be charged under Virginia law in connection with the hit-and-run.

In Richmond, a 2012 Virginia hit-and-run accident drew to a close in February of this year when a judge sentenced a hit-and-run driver to three years in prison. WRIC.com reports that Elias Webb had faced a maximum of ten years in prison after he was found guilty of felony hit-and-run charges in connection with an accident that left 24-year-old Lanie Kruszewski dead. Ms. Kruszewski had been riding a bicycle on the evening that Mr. Webb hit and killed her. Mr. Webb stated that he thought he had hit a deer with his car, but after reading the news the morning after, thought that he may have been the person that hit Ms. Kruszewski. He ultimately turned himself into police. Mr. Webb was found guilty by a jury in February of this year, and the judge sentenced him to the same sentence recommended by the jury.

Virginia Law

Under Virginia law 46.2-894 a driver has a duty to immediately stop as close to the scene of the accident as possible, when he or she hits an attended vehicle, attended property, or a person. The driver also has the duty to report his or her name, address, driver’s license number, and vehicle registration number to the State Police or local law enforcement. The driver must also give this information to the driver or occupant of the other vehicle, or person injured, or the custodian of the property. The driver is also required to render medical assistance to the injured person, such as taking that person to the hospital. If a driver fails to comply with those duties, he or she may face a Class 5 felony conviction if the accident results in death or injury to the person that he or she hit, or if the accident caused more than $1,000 in damage to property. If the accident resulted in $1,000 or less in damage to property, then the driver may face a Class 1 misdemeanor charge.

Aside from the law discussed here, there are several other laws under the Code of Virginia that pertain to required conduct in a hit-and-run situation, and drivers should be aware of each of these provisions. If you were involved in a hit-and-run accident, you should immediately seek out the assistance of an experienced criminal defense attorney. A hit-and-run conviction may bring severe penalties and consequences, and you should consult with an attorney as soon as possible for the best chances of a successful defense. Contact Garrett Law Group, PLC, today for a confidential consultation.

Military Divorce: Kids, Spousal Support and Pensions

Sun, 29 Sep 2013 02:28:01 +0100

The end of a marriage is frequently a sad, painful and difficult time. For military spouses, the complexities of military divorce are compounded due to the intricate details and difficult fact patterns surrounding military life and military pay and benefits. Military divorces, however, do not have to be any more painful and daunting than civilian divorces. It is important for military spouses to understand some of the basics of military divorce in order to protect their rights and transition out of the marriage as smoothly as possible.

As many stories on the matter often discuss, there are three items that repeatedly come up in military divorces: kids, pensions and spousal support. Military lifestyle and the way military personnel are paid and receive benefits all play into each of these issues. For spouses navigating a military divorce, each one of these issues will need to be discussed and decided.

The Children

If a military marriage produced children, a parenting plan will have to be established, as well as child custody and child support. In many military families pre-divorce, one spouse has taken care of the children while the other has been deployed for duty. In these cases, especially if the military spouse is still on active duty, and is often deployed, child custody may not be an issue because a judge would likely award the stay-at-home spouse either primary or sole custody.

Additionally, the issues of child support in these cases may be more readily determinable considering that one spouse will primarily care for the children and need funds from the other to do so. It is important to note that a judge would always look to the best interests of the children in signing final orders for a parenting plan and child support. Not considered is the best interests of either spouse, or what she or he simply thinks is fair.

If the child is located overseas, or the spouse has been deployed for a lengthy amount of time, additional issues may arise in establishing child support, custody, and a parenting plan. For example, if a child has resided in Germany habitually, then a German court would have jurisdiction over the child, not a Virginia Court, even if the child is a U.S. citizen and born in Virginia.

Spousal Support

The second item that often comes up in military divorces is spousal support. In military marriages, one spouse often stays at home while the other spouse is either deployed or is training or studying. Frequent domestic or international moves, and the grueling schedule of a military spouse, also contribute to one spouse’s unemployment status. For this reason, a military spouse may be required to pay spousal support until the other spouse can finish his or her education and become gainfully employed.

Pensions

Lastly, and perhaps trickiest, is the issue of the military pension. Pensions vary in value, but it is important to understand exactly how much is at stake when decided how it will factor into property division. Service members may have a Roth IRA and Thrift Savings Plan that will need to be taken into consideration during the divorce, as well as a military retirement pension. Under the Uniform Services Former Spouses Protection Act, military pensions are treated as marital property, to which non-military spouses are entitled to one-half if the marriage lasted for 10 years. Of course, it is important to note that the pension plan, like most things in a divorce, is up for negotiation between the parties.

Kids, spousal support and pensions, while frequently flagged, are by no means the only issues to be worked out in a military divorce. If you are planning to get a military divorce, you should seek out the assistance of an experienced military divorce attorney, who can fully help you understand your rights and what you are entitled to.

Recent Virginia Child Abuse Cases Highlight Difficulties of Child Abuse and Neglect Cases in ...

Sun, 29 Sep 2013 00:55:15 +0100

Child abuse and child neglect cases are never cut and dry. Often involving high levels of emotion, sadness, fear and anger, child abuse and neglect cases are difficult for all parties involved. This summer, the news has highlighted several tragic child abuse cases in Virginia. These cases demonstrate the complexities of child abuse and neglect cases, and child abuse and neglect laws, in Virginia.

The first case occurred last November in Virginia Beach. Myfox8.com reports that two-year-old Garrett King, a spunky young boy with bright gold curls, was killed as a result of a skull fracture, after his babysitter allegedly slammed him onto the floor several times. The 35-year-old babysitter, Brenda Garner, admitted to law enforcement that she had become angry while changing Garrett’s diaper, and, as a result stood him up and swept him onto the floor several times. He hit his head, which caused the skull fracture and brain damage, as well as nerve damage.

Ms. Garner was convicted of second degree murder and child abuse in mid-August of this year. She could ultimately face up to 50 years in prison for the death and abuse of the young boy, and is scheduled to be sentenced on October 16, 2013.

The second case comes out of Bluefield, Virginia. There, according to WVVA.com, a 6-month-old baby girl was reported by authorities to have received severe head trauma while she was cared for by her mother. The young child also had a cigarette burn on her forearm.

The baby girl's mother, 25-year-old Jessica Mae Young, has three other children. Two of those children were removed from Ms. Young’s care while she resided in Arizona. The baby girl in question is the third of Ms. Young’s children to suffer from severe head trauma.

Ms. Young pleaded guilty to felony child abuse for abusing the youngest of her third children, the 6-month-old baby girl, and was sentenced to 10 years in prison. On September 5, the Tazewell County Circuit Court Judge suspended Ms. Young’s entire sentence, except for four years. She will now serve those four years in prison.

Child Abuse: The Law in Virginia

As demonstrated by the two recent cases above, child abuse cases are tough. In Virginia, child abuse cases are vigorously prosecuted, and may result in a felony conviction with jail time and other penalties. Under Code of Virginia 18.2-371.1, any parent, guardian, or other person that is responsible for caring for a child that is under 18-year-old is guilty of a Class 4 felony if he or she willfully acts or fails to act, or refuses to provide necessary care for the child’s health, or causes or permits a serious injury to the life or health of the child. "Serious injuries" for the purposes of the law, include disfigurement, a fracture, a severe burn or laceration, mutilation, maiming, forced ingestion of dangerous substances, or life-threatening internal injuries.

Additionally, a willful act or omission in the care of a child that is gross, wanton and culpable, and shows a reckless disregard for human life is a Class 6 felony.

If you have been charged with violating Virginia’s child abuse or neglect laws, you should immediately seek out the assistance of an experienced criminal defense attorney. A child abuse or neglect conviction may bring severe penalties and consequences.

About James D. Garrett

J.D. Garrett is a criminal law attorney in the Virginia Beach office of Garrett Law Group, PLC. He has years of experience representing clients in the courts of Virginia Beach, Norfolk and surrounding areas.