Legal Blog

3 Little Known Facts About Field Sobriety Tests In Virginia

July 27, 2014

Your Weight May Be A Defense One of the tests you perform in the SFSTs is the One-Leg Stand test. When the tests were conducted it was concluded that people who are overweight by 50 or more pounds had difficulty performing this test. If you are...

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Arthur Walker: Spy or Sap

July 11, 2014

Over the years I have reflected on the wild ride that surrounded Arthur’s arrest, indictment and trial. I have also thought of him – the man. I have never been able to decide if he was a spy or a sap. There is no doubt that Arthur took...

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AN ALFORD PLEA LEADING TO MORE TRIALS?

May 19, 2014

Tonya Bundick has been granted the right to approximately 60 separate trials on the approximately 60 charges of arson she faces arising from the fires on the Eastern Shore. She has already been found guilty of one offense of arson and one offense...

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When Are Public School Funds “Expended”?

May 06, 2014

In Portsmouth this issue has become contested. Each year, all Virginia public school divisions are required to prepare an annual budget for operating their respective schools and the “locality” is obligated by statute to fund a portion of the...

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YOU CAN REFUSE FIELD SOBRIETY TESTS

May 02, 2014

This article will focus on the popular misconception surrounding Standardized Field Sobriety Tests (“SFST”). In Virginia, there are laws that require a driver to provide their identification (Virginia Code 46.2-104) or to submit to a breath or...

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EXPUNGEMENT IN VIRGINIA: THE BRUTAL TRUTH

April 29, 2014

Almost weekly, I get a call from someone asking me to help them with an expungement in Virginia. Typically, they want to wipe out “old” charges from their record. The reasons vary: employment and educational applications, security clearance...

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Foreign Bank Account Reporting: The Dragon has Teeth

April 16, 2014

A little known and sometimes extremely troublesome reporting requirement exists for United States persons who own foreign bank accounts in various countries around the world. To the extent that such accounts exceed the aggregate value of...

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Income Tax Planning Using Estate Planning Techniques

April 16, 2014

Over the last several years, we have seen a substantial evolution in the transfer tax arena here in the United States. As a result of several favorable legislative changes, it has become the case that only for a very small and rarified layer of...

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Wetland Mitigation Banking Agreements Are Binding Contracts Against The Corps

April 07, 2014

For the first time since Congress passed the Clean Water Act in 1972 a federal court has ruled that a wetland mitigation banking instrument (“MBI”) is a contract enforceable against the U.S. Army Corps of Engineers. The decision came from the...

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Changes to Durable Powers of Attorney – The New Virginia Act

March 13, 2014

As of July 1, 2010, a new power of attorney statute for Virginia went into effect. The new statute, which applies prospectively to both existing powers of attorney and powers of attorney created years ago, makes some significant changes about...

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