DUI FAQ’S

DUI FAQ’S

DUI – THE QUESTIONS TO ASK When you are charged with DUI, there are many factors that can influence the outcome of the case. Use the list of questions below to ensure that your rights are protected. Who was Driving?  The prosecution must prove that the defendant was in fact the one driving the vehicle. In a case where there are no witnesses to an accident, intoxication is not enough. Was there Probable cause?  There must be evidence provided that the officer had probable cause to stop, detain and arrest. Were you read your Miranda Rights?  If the Miranda rights were not given at the appropriate time, incriminating statements may be concealed. Were you given implied consent warnings?  In Virginia, if a chemical test was refused or given incorrectly, and you were not advised of the consequences of this, it may be a reason to invalidate a DMV license suspension based upon the refusal to provide a breath/blood sample. Were you assumed to be under the influence?  The officer’s observations and opinions as to what the officer considers as “failing” can be questioned. For example, the circumstances under which the field sobriety tests were given. Witnesses can testify that you appeared to be sober. Did faulty tests create a skewed blood-alcohol concentration?  There exists a wide range of potential problems with blood, breath or urine testing. Many different defects in analysis can be brought out in cross-examination of the state’s expert witness. Were you tested during the absorptive phase?  The blood, breath or urine test will be unreliable if done while you are still actively absorbing alcohol. It can...
Child Custody

Child Custody

HOW DO THE COURTS DETERMINE CHILD CUSTODY? There is no other legal issue more important and emotionally draining than the issue of child custody.  The Courts of the Commonwealth of Virginia are charged with giving “primary consideration” to the best interest of the child without any presumption of favor for either party.  However there are ALWAYS individual situations that warrant a closer look and an advocate who will work for you in your family’s best interest.  Contact the Steidle Law Firm today! Custody or visitation arrangements are determined based on 10 items (Pursuant to Virginia Code Section 20-124.3): 1. The age and physical and mental condition of the child, giving due consideration to the child’s changing developmental needs; 2. The age and physical and mental condition of each parent; 3. The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child’s life, the ability to accurately assess and meet the emotional, intellectual and physical needs of the child; 4. The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members; 5. The role that each parent has played and will play in the future, in the upbringing and care of the child; 6. The propensity of each parent to actively support the child’s contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child; 7. The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent...
Alimony

Alimony

ALIMONY If you are facing a divorce, it is becoming more common for a spouse to “support” another based on a few factors. Do you make substantially more than your partner? How long was your marriage? What are the terms of your separation? As with any legal issue, many factors will substantiate a judge’s orders. Contact the Steidle Law Firm today for your free consultation. As with most issues in your divorce, you and your spouse can agree to the amount and length of time alimony will be paid. But if you can’t agree, a court will set the terms for you. If you expect to pay alimony The fact you have to pay alimony to your ex-spouse doesn’t amount to a finding that you are a bad person. Consider it part of the cost of entering a marriage that you probably thought would last until death parted you, but — for reasons you didn’t anticipate — didn’t. If you expect to receive alimony The question of whether you qualify for alimony is usually resolved by looking at your capacity to earn — which is not necessarily what you are earning at the time you go to court — how much your spouse earns, and your standard of living during the marriage. If your spouse refuses to pay Finally, if you secure an alimony order but your spouse refuses to make the required payments, take immediate legal action to enforce the order. Orders to pay monthly alimony have the same force as any other court order and, if handled properly, can be enforced with the very real possibility of...
Adoption

Adoption

ADOPTION Each year, many Virginians add to their families by virtue of adoption. The process is relatively simple and the Virginia Department of Social Services dictates the process. Whether you are considering Agency Placements or a Non-agency Adoption, we can guide you through the process as seamlessly as possible. Outlined below are some types of representation our attorneys can provide during the adoption process. If you are considering adoption, contact the Steidle Law Firm today! Who May Adopt In Virginia Many different kinds of people adopt children every day. There is not an income requirement or restrictions on the type of home you live in. You must be at least 21 years old, have adequate space in your home for a child and be able to financially provide for a child. Both married and single parents are needed for children.   Virginia Adoption Home Study Everyone who wants to adopt in Virginia must undergo a home study, regardless of the type of adoption they are pursuing. A home study is an extensive interview and background check of all members of the household. The welfare and safety of a child is involved which means that the questions are quite personal. Everyone over the age of 18 must undergo fingerprinting and a criminal background check. There are also questions about employment history, your marriage or divorce (if applicable), your child hood, parenting skills and many other aspects of your life.   Virginia Older Child Or Special Needs Adoption There are many children in Virginia who are waiting for an adoptive family. They are children of all ages, races and needs. These...