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Virginia Legal Blog

How long can law enforcement hold you after an arrest?

Getting arrested is upsetting regardless of the circumstances. One thing that you are sure to think about if you get arrested in Virginia is when you will get out. Fiction leads us to believe that law enforcement can only hold you for 24 hours before they must charge you with a crime or allow you in front of a judge to get bond. This is not accurate. Like many things in the movies, books and television shows, this is another creative license taken by writers.

Absolute Bail Bonds explains that the time period for which you can be held in jail without being charged or offered bond is up to 72 hours. If the prosecutor does not charge you with a crime during this time, law enforcement must let you go. Otherwise, if the prosecutor does charge you, you will go in front of a judge and get the chance at bond. Do note that the 72-hour time limit excludes weekends and holidays, so it is possible to spend five days in jail if you get arrested late on a Friday that has a holiday the following Monday.

Recognizing what makes a vehicle a lemon

Although most states have their own versions of lemon laws, it doesn’t stop some disreputable car dealers from selling vehicles that come with problems. Virginia residents should educate themselves on lemon laws, as well as how to check if a car might be a lemon before buying it. This can save them a great deal of hassle, as well as protect them from injury.

What exactly is a lemon? According to Esurance, the problems that define whether a car is a lemon include serious defects that impact a vehicle’s safety, value or usefulness. Minor problems or inconveniences, like a faulty air conditioner or window opener, wouldn’t necessarily count.

The difference between divorce and annulment

When someone wants to leave his or her partner, divorce will be the first option to come to mind. Everyone has heard of divorce, but annulment may also be a possibility when a married couple wants to separate. There may be circumstances where it would be more beneficial to pursue an annulment.

Although they both consist of the couple leaving each other, there are some key differences from a legal standpoint. Here are the differences a couple needs to know about to make an informed decision. 

Remove tripping hazards from a home

Many Virginia residents feel safe when they are at their homes. However, most falls occur at home and falls can sometimes result in serious injuries. It is important for people to go through their homes and make sure they identify places where someone might slip or trip so they can prevent these incidents before they happen.

People encounter tripping hazards in many areas of their home. The Centers for Disease Control and Prevention says that one room where people might slip is the bathroom. People can easily slip and fall when they are in the shower or the bathtub, so it is a good idea to make sure there are non-slip mats on these floors. If people have an elderly relative who lives with them or visits often, they may also want to install grab bars near the toilet and in the tub so this loved one will be safe. A person might also trip and fall if there is too much clutter on the floor. It is important to pick up blankets, magazines and shoes so they are not in the way. People may also want to make sure they have clear walking paths in a room so no one trips on furniture. Additionally, rugs can be a slipping hazard if they are not secured to the floor. 

Reviewing your adoption checklist

Virginian parents who wish to adopt a child will have to be prepared for a somewhat rigorous process. While the steps of an adoption may vary depending on circumstances, it will almost always involve a lot of waiting, and a lot of evaluations and examinations.

FindLaw goes over the general requirements for adoption first. These may differ from state to state to some degree, but all states have these requirements as the baseline. Generally speaking, any single adult or married couple is eligible. In certain states, a single but married person can even adopt alone if they are legally separated from their spouse, or if their spouse is legally incompetent. 17 states have no further stipulations. LGBTQ couples are now allowed to adopt across the nation as well.

What repairs must a landlord make inside a rental unit?

Tenants and landlords in Virginia each have rights and responsibilities to fulfill in accordance with the rental agreement. According to FindLaw, one of the most important responsibilities you have as a landlord is to keep your rental property in a habitable condition; this includes each individual unit as well as the building(s) at large. 

However, there are legal limits to your responsibility to make repairs inside tenants' units. Unless you promised a tenant a particular repair (either verbally or in writing), the problem violates a building code or the rental agreement requires you to fix any problem that arises, the law does not require you to address minor problems such as the following:

  • Grimy grout
  • Torn window screens
  • Dripping faucets
  • Running toilets
  • Small carpet holes

Traffic tickets can be more serious than you think

In Virginia, a person may face different potential penalties based on the traffic crimes they are being accused of. The more serious penalties are usually tied to issues like driving while under the influence or getting into an accident with another motorist or pedestrian. However, traffic tickets can be just as harmful to an accused driver.

FindLaw takes a look at the different types of traffic tickets a person could face. Generally speaking, traffic tickets are issued for "lesser" crimes. These can include:

  • Speeding
  • Running stoplights or stop signs
  • Distracted driving
  • Reckless driving
  • Driving without a license
  • Leaving the scene of an accident

Who gets what in a Virginia divorce?

Divorce comes with multiple stressors, one of which is splitting up all your valuables and belongings. This step is often the source of much contention, not only about who gets what but also about what to do with certain property, such as a house.

Each state has its own laws governing the process of property division to help couples reach a just resolution. How does the state of Virginia divide assets in a divorce?

What is Virginia's "Lemon Law"?

Virginian residents like you may have heard of "lemon cars" before. These are (usually new) vehicles that often have some sort of design flaw or defect that prevents it from running as intended. Madigan & Scott, Inc., is here to help if you've found yourself stuck with a lemon.

The first thing to understand is that Virginia's Lemon Law usually applies to new vehicles. However, there are some conditions in which it may also apply to used cars. In all cases, however, the cars cannot be commercial vehicles. This means buses, taxis, and big-rigs are usually exempt. The vehicle must also have been purchased by an individual and not a government agency. In short, you'll have better luck if your own personal vehicle has turned out to be a lemon, rather than a company car.

Factors that can impact Breathalyzer accuracy

A conviction for a Virginia drinking and driving charge can bring with it considerable consequences, and it has the potential to set you back financially as well as professionally. You may, too, face jail time, mandatory substance abuse treatment requirements and other potential penalties for your actions following a Virginia DUI or DWI conviction. Because the penalties associated with drinking and driving are so substantial, it is critical that your breath test results paint a clear and accurate picture of your alcohol consumption. At Madigan and Scott, Inc., we understand that certain factors can throw off Breathalyzer accuracy, and we have assisted many Virginia residents facing DUI or DWI charges defend themselves.

Per AlcoholAlert.com, one of several factors that can potentially lead to a falsely elevated breath test is temperature. Breathalyzers are highly sensitive to outside temperatures as well as a suspect’s internal temperature, and in some cases, temperatures have the capacity to affect test results.

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Madigan and Scott, Inc.
7880 Backlick Road
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Springfield, VA 22150

Phone: 703-455-1800
Fax: 703-451-4121
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