April 10, 2020
Advantages to Filing For Bankruptcy
While the term “bankruptcy” can carry a bit of a negative connotation, there are circumstances where bankruptcy is the best option to keep you financially afloat. Filing for bankruptcy can give you the chance to start fresh, alleviate crippling stress and allow you to rebuild your credit, restarting your finances. It’s time we break down the stigma that comes with the idea of bankruptcy. In this article, we address the advantages of filing for bankruptcy.
When you file bankruptcy, it is saying you cannot afford to pay outstanding debt to your creditors. If you are approved for bankruptcy, you will be relieved of the obligation to repay some or all of your debt. Perhaps the biggest advantage of filing bankruptcy is that you financially get to start over again. In some cases of bankruptcy, you may be able to keep your assets while being cleared of your debt.
Protecting You Against Creditors
We know how ruthless creditors can be. Creditors can call on a regular basis and possibly to a harassing degree. When you successfully file for bankruptcy, it will put an automatic stay on your account that prevents creditors from forcefully collecting debts. Along this line, creditors cannot:
- Continue calling you
- Sue you
- Send you letters
- Repossess exempt property that you owed on
Additionally, bankruptcy forbids creditors from shutting off your utilities, evicting you, foreclosing your property or garnishing your wages. Depending on whether you file Chapter 7 or 13 bankruptcy, and the applicable bankruptcy exemptions, you may keep most of your property through the process.
Debt Forgiveness
Bankruptcy typically deals with two kinds of debt; dischargeable and nondischargeable. When you file, you can protect your property and may be relieved of any obligations to pay on dischargeable debt. This type of debt follows anything that is unsecured debt. Unsecured debt is when there isn’t any collateral on what you owe. This can be credit card debt, medical debt, personal loans, etc.
When you do not have enough assets that are not exempt or you do not have enough income to pay your creditors, you most likely will be able to file a Chapter 7 bankruptcy. This means that unsecured debt can be forgiven. If you have too much property that is not exempt or your income is such that you are able to at least pay for some of your debt, you may need to file a Chapter 13 bankruptcy. If you file for Chapter 13, you will go through a 3-5 year payment plan to pay back some or all of your unsecured debt. After you complete this plan, whatever amount of unsecured and dischargeable debt that remains will be discharged, and you will be debt-free.
Protecting Yourself and Your Family
A lot of the time, debt collectors can bring tremendous amounts of stress on debtors. Living paycheck to paycheck and having only enough for the essentials can lead debtors to believe there’s no way out. It can be discouraging when you’re thrown into an endless cycle of debt where your credit card balances keeps rising. This is when filing bankruptcy might make more sense than continuing to try to fight through it.
Along with clearing you of your debts, bankruptcy filing requires a debtor to take credit counseling to take all the measures possible to avoid future bankruptcy. Becoming literate in your finances can help strengthen and rebuild your credit.
There are a number of advantages to filing for bankruptcy, but the best way to start is to discuss your options with one of the bankruptcy attorneys at Cravens & Noll, P.C. We will review your financial profile and assess whether this is the right option. Our goal is to help our clients get back on their feet as soon as possible, so we will provide professional legal advice on your best options moving forward.
We know this is a sensitive issue for many people, and we are here to help. Contact Cravens & Noll P.C. today to learn more.
March 25, 2020
What To Do After a Hit And Run Car Accident
While the vast majority of people are great drivers, there are always a few bad apples. Most Virginians never think about what to do in a hit-and-run car accident until it happens to them.
Here at the offices of Cravens & Noll, we see these types of cases frequently, and these can be challenging to solve.
In this blog, we tell you the several helpful tips you can follow if you’re a victim of a hit-and-run vehicle incident.
Pay Attention to the Car and Driver As They Escape
Assuming you are not seriously injured, try to remember all of the details of the other car as it leaves the accident. Make a note of the car make and model if you can, the color, any identifying features, and the license plate number and state.
In addition, try to remember where the damage is on the getaway automobile. If it happens near an intersection, take note of the street names and the direction of the fleeing car.
While it may not always be possible to see, look at the other car’s side mirror or rearview mirror and see if you can describe the driver’s gender, hair color, and age.
Write down everything you remember as soon as possible, or take notes on your smartphone if you don’t have pen and paper.
Do NOT Chase the Other Car
As tempting as it may be in the moment, NEVER chase after a car that flees the scene of an accident. Apart from being extremely dangerous, taking the law into your own hands could easily cause another accident.
Assess Your Injuries
Were you injured in the accident? Sometimes, you will not realize in the heat of the moment you may be injured. Whiplash and back pain may not surface until days later. Before doing anything else, make sure you are physically okay after the accident.
Take Photos
Once you have regained your composure, take a few minutes to take photos of the scene. Capture images of the vehicle damage, roadway markings, signs and your injuries. Take photos of any property damage outside on the vehicle.
Talk to Witnesses
Talk to the witnesses who may have seen the accident. Talk to employees of businesses nearby to check if they saw anything. Remember, people who witnessed your accident probably have a better perspective of everything that happened.
Get the contact information for anyone you speak with so they can give statements to the insurance company or during a personal injury lawsuit. Eyewitness accounts are often the key to solving hit-and-run accidents.
Contact the Police
The police should always be called after a car accident. They will take statements from anyone who is involved, and they will conduct an investigation to determine if they can track down the other driver.
The police report provides official documentation about the accident, and it will be used by the insurance companies and lawyers during the investigation.
Seek Medical Attention
Do not delay in receiving medical attention if you have been injured. If you wait weeks to see a doctor, claims adjusters and attorneys could argue you were not injured as a result of this accident or in very much pain because you took so much time to see a physician and be treated.
Even if you think you have minor injuries, you should seek medical care as soon as possible.
File a Claim With The Insurance Company
Hopefully, the person who fled the scene of your accident will be caught. When filing a claim with the insurance company, there are one of two scenarios which can occur:
If the Other Driver Has Insurance
This is the best-case scenario. You should file the insurance claim with the other driver’s insurance coverage.
You will not only be able to file a claim for all of your vehicle damages, but you will also be able to be compensated for your medical bills and injuries, provided the insured driver has enough coverage.
If the Other Driver Doesn’t Have Insurance Or Not Enough Insurance
Many drivers who flee the scene of an accident do not have insurance coverage, their license is suspended, or they are wanted for other criminal offenses. You could hire an attorney and sue the other driver personally, but the other driver may not have the resources to pay for your damages. This is where your own insurance policy works for you.
Every policy in Virginia affords, as a matter of Virginia law, uninsured and underinsured motorist protection up to the amount of your own policy, just for these circumstances.
Filing a Claim With Your Own Insurance Company
With most hit-and-run incidents, you should contact your own insurance company to determine your coverage.
If you only have liability coverage on your insurance policy, you might be out of luck for the coverage of your vehicle repairs, but you will likely still have uninsured and underinsured coverage for your injuries.
Hire An Attorney
It is a good idea to consult with a hit-and-run attorney like Cravens & Noll. They can give you experienced and professional legal advice regarding your insurance claim and pursuing a lawsuit against the other driver. Insurance companies don’t have your best interests in mind, but an attorney will ensure you get the maximum compensation for your damages and injuries.
At Cravens & Noll, we handle multiple hit and run cases each year and have been quite successful in getting clients fully compensated for other types of claims. Contact Cravens & Noll today in Richmond or Harrisonburg to schedule your initial consultation.
March 20, 2020
How Long Will It Take To Process My Personal Injury Claim?
One of the most common questions asked at Cravens & Noll, when it comes to personal injury cases: “How long will it take to process my claim?” The answer is, it depends. In our experience, some cases can be resolved in weeks, but some cases may take months or years before they are fully settled. The largest two factors in this determination are: the duration of medical care to reach maximum medical improvement, and willingness to negotiate a settlement.
In the vast majority of cases, the claim is settled out of court. But there is a small percentage of cases that make it to trial. Each case follows a general process that starts well before it makes it to the courtroom. This is how the process works:
Get Treated As Soon As Possible
If you have been injured, it is important to see a doctor or go to the emergency room right away. In the eyes of the judge and the jury, it could appear as if your injuries are not that severe if you wait a long time after the accident to receive treatment. Treatment also provides written documentation of your injuries from a qualified professional, which is key supporting evidence for your case.
The extent of your injuries makes a significant difference in how soon your case is resolved. If there are significant injuries like broken bones, brain injuries, or spinal cord injuries, this can extend the time frame many months or even years. The maximum medical improvement (MMI) occurs when the patient has recovered as much as possible from their injuries. MMI influences how long an injury case takes to be resolved.
Contact an Attorney
If you are out of work more than a couple of days, or have any sizable medical expenses, you should find legal representation. Personal injury lawyers will walk with you through the entire process so you do not have to worry about all of the legal details of your case.
Another reason you may need to consult with an attorney is if the other party is putting up a fight or doesn’t want to pay your injury claim. A lawyer will fight on your behalf to get the compensation you deserve, to include future medical expenses and future lost wages.
Discovery Process Begins
The law firm needs to go through a discovery process when they can investigate the details of your personal injury case. Your attorney will gather all of the paperwork related to your claim. You will also be interviewed by the attorney about your accident, your injuries, and how you are being treated. Normally this process takes several months, and it may take up to a year depending upon the number of treatment providers and the extent of your injuries.
The lawyer will assemble the pertinent documents and records including the police report, photographs, witness statements, medical records, x-rays, scans, and medical testing. Medical malpractice claims can be particularly complex, as attorneys may have to request records from multiple healthcare providers and hospitals to get all of the documentation needed to conduct a thorough investigation.
It is important to note for automobile accident cases that Virginia is a “contributory negligence” state. In an accident, if it is found you are even 1% at fault for the accident, you may not be able to collect damages from the other party. Therefore, the investigation and proof relating to causation of the location of the accident is critical in Virginia. Through an examination of photos, witnesses and accident scenes are essential.
Mediation
As we stated before, the vast majority of cases never make it to trial. The attorneys representing the parties usually come to an agreement well before the courts hear the case. The lawyers may not need to get a third party mediator involved if they can settle everything between themselves. When they cannot, mediators and/or arbitrators are used to aide the parties. If the mediation or arbitration process is not successful, a lawsuit will be filed.
Arbitrators actually decide the case, on its merits. Once the parties enter into an arbitration process, they know that a result will be forthcoming. The arbitrator hears the evidence and rules on all aspects of the claim to include damages and compensation. The result is not appealable.
Insurers are much less likely to settle quickly for larger medical cases. Insurance companies want to do their due diligence before settling for big money. Hence the need for very thorough preparation and documentation of all claims.
Another strategy employed by insurance companies is that they will wait to settle a claim. The hope is that the plaintiff will not be able to wait for a larger settlement, so they will settle for a smaller monetary claim. Do not fall into traps and sell your claims short as many unfamiliar with the process do. You deserve full and fair compensation for your injuries.
Heading to Trial
Even after a lawsuit has been filed, there is still a possibility the case will not make it to trial.
The actual trial could be over in a day, or it could last for weeks. Even when the case is scheduled, the date could be pushed back further if the judge’s schedule needs to be adjusted. There are many reasons a trial date might get pushed back, so you will want to monitor the court schedule to make sure the case is not rescheduled.
Once the plaintiff and defendant have had an opportunity to present their case, the jury will determine if the defendant is liable and assesses monetary award for damages. Even if the plaintiff wins, the defense has the option to appeal, and the appeal could lower the total settlement awarded to the plaintiff. It is also possible the defense will win the appeal, and there could be a new trial. Therefore, some cases settle after the trial in order to avoid the time & cost of appeals.
After the trial is complete, efforts will be made to collect the judgment from the defendant and his insurer. In some cases, there will be a lump sum paid, or the court may order payment to be made in installments.
Finally, Be Patient
Your patience is one of the most important aspects of your personal injury claim. Often, people are not willing to wait to win the maximum amount possible for the settlement of their case. They receive less compensation than they would have if they had waited for the full process to play out.
To summarize, there are a number of factors that influence how fast your claim is settled. The complexity of the case makes a big difference in the case’s timeline. The amount of damages and the overall severity of injuries affects the timeline as well. The county or jurisdiction of the case makes a difference, as some courtrooms are backed up for many months with cases in the line in front of yours.
If you have not hired legal representation for your injury claim, it is time to consult with an attorney. Remember, the statute of limitations in Virginia is two years for most personal injury cases. Contact Cravens & Noll, P.C. today to schedule your first consultation.
March 18, 2020
When Should I File For Bankruptcy
If you’ve tried to clear your debts but are finding yourself in an endless hole of living paycheck-to-paycheck, without making a dent in the amount you owe, it may be time to file for bankruptcy. Bankruptcy can be the best option when it comes to giving you a fresh start, financially.
But filing comes with consequences affecting your credit score and ability to get loans.
In this post, we go over available options to help clear debt before filing for bankruptcy and the telltale signs on when you should file for bankruptcy.
What to Do Before You File for Bankruptcy
If you file for bankruptcy, whether it is Chapter 7 or Chapter 13, you must consider the consequences.
In a brief rundown, when you successfully file for either, you will have a public discharge on your credit. The discharge will remain on your record between seven and ten years, depending on which chapter you filed for.
It’s important that you explore other methods of repayment/clearing your debts before you file. Here are the top methods to consider before you resort to filing:
Negotiating with Creditors
One of the first steps to take before filing is to have a discussion with creditors, to those entities/people you owe money to. If you’re relatively late with a payment, it may be in both your and the creditor’s best interest to come up with a settlement. Creditors are more likely to settle a debt than go to court and have that debt discharged in a bankruptcy filing.
In settling your debts, you negotiate with the creditor to accept a lump-sum payment to satisfy the debt you owe. This can clear you of that debt while avoiding a bankruptcy filing.
Typically, you can settle unsecured debt in one of two ways. You can either use a debt settlement company or do so on your own. But you should also be aware of tax implications when you pay less than what is owed.
Credit Counseling
Another option to avoid bankruptcy is to consider credit counseling. A consumer credit counselor can get a debtor lower monthly payments and interest rates if creditor negotiations are unsuccessful. Consumer credit counselors are representative of nonprofit agencies that work to find you reasonable solutions to financial issues. These counselors can help you create a good and workable budget to help you pay your debts on time on a month-to-month basis. When you find yourself looking for a credit counselor, be sure you’re wary of potential scammers.
Payment Through Savings and Assets
If there are assets that you own that you are willing to sell off to pay creditors, then it may be an option to resell. When you file for bankruptcy, you’re required to list assets, (secured and unsecured) to determine if the value of those assets can pay off your debt. Similar to the value of assets, the amount in your savings account can contribute to paying off your owed debt as well. If you are finding yourself with little to no available savings to pay back your debt, then it may be time for you to get an attorney and file for bankruptcy. But keep in mind there are many assets protections in bankruptcy for which you do not need to sell.
When You Know You Need to File
Apart from having the value of your assets and available savings failing to make a dent in your debt, there are a number of signs that indicate it may be time to file either Chapter 7 or Chapter 13 bankruptcy.
Here are four circumstances that call for, at the very least, a consideration of bankruptcy filing.
Wage Garnishment
Wage garnishment occurs when creditors or lenders file a suit, or have a court order, to take portions of your paycheck to pay off your debt. This garnishment usually takes a percentage of your company wage, dependent on the amount of disposable income on your paycheck. Filing for bankruptcy automatically stops garnishment and can even help recover lost wages.
Paying With Credit Cards
If you find yourself in a cycle of more and more debt, with your only form of payment being credit cards, then bankruptcy can help break that cycle. When you continue to pay for necessities with credit cards, your debt continues to accrue, making financial stability seem impossible. That is a telltale sign that bankruptcy may be your best option. Chapter 7 bankruptcy usually clears you of credit card debt, giving you a financial fresh start.
Using Retirement Account to Pay Bills
Retirement accounts are not meant to be touched until you retire. This means that when you do decide that your debts are too overwhelming to avoid dipping into your retirement funds, you’ll be penalized a percentage of those hard-earned savings. When you file for bankruptcy, pensions, life insurance policies, 401(k)s and IRAs are likely to be protected. In this case, filing can save you from needing to take out funds and receive additional penalties, while clearing you of your debt.
Debt Exceeds Income
Similarly to when you assess the worth of your assets and savings, when your debt is more than what your regular income is, bankruptcy becomes the best choice to resolve your financial issues. When the amount of your disposable income (income that is not put towards living necessities) doesn’t cover your debt, it can cause you to fall even more into debt.
If you’ve exhausted all the options to clear you of your debt such as credit counseling, debt consolidation, management or settlement, then it’s time to get a lawyer and discuss your options regarding bankruptcy filings. It’s important to remember that a minor discharge on your credit may be the best outcome if you feel as though you cannot escape the revolving wheel of impending debt. Get in touch with us today.
March 13, 2020
When Do You Need to Hire a Family Lawyer
Every family is unique. Sometimes, the “togetherness” of family needs to be redefined. Sometimes, the togetherness of your family is redefined to include more members through an adoption. Sometimes, the togetherness of your family needs to be redefined when divorce splits it into separate households.
A family lawyer is there for you throughout your family’s “togetherness” transitions.
The specific areas that hiring a family lawyer could help you with include:
- Uncontested Divorce
- Adoption
- Asset Protection
- Business & Asset Division
- Child Custody & Support
- Dividing 401k
- High Asset Divorce
- Grandparents’ Rights
- Military Divorce
- Parental Relocation
- Prenuptial & Postnuptial Agreements
- Protective & Restraining Orders
- Spousal Support Alimony
Typical Court Cases that Require a Family Lawyer
If you have an issue that involves one of the above areas, you should consider looking for a family law attorney. Most of the friction that comes up in divorce, adoption and child support cases can be prevented with a knowledgeable lawyer.
Divorce
A family lawyer can assist in a divorce case by determining what will remain separate property and what will be classified as marital property. Once these two categories are outlined, they can help with the division of marital property.
At Cravens & Noll, our lawyers will protect business interests. They can represent your request to waive or set limits on spousal support. Hiring a divorce lawyer will balance the fairness of your divorce’s outcome.
Child Custody
If you have children, you know how much they mean to you. A family lawyer protects your rights in disputes about child custody, child support and visitation rights.
Both divorced and unmarried couples might need a family lawyer to represent them in court.
When protecting your child’s well-being is important to you, you’ll need to hire a family lawyer.
Adoption
When an adoption agency turns you down, a family lawyer could help you pursue a private adoption. In addition to the requirements of your state, adoption agencies may have their own criteria. Qualifying for a private adoption works directly with the birth parents.
Adoption can be a very long process without a family lawyer. There is a lot of paperwork and an extensive qualification process. A family lawyer can navigate this with you and might even coach you on how to have successful home studies.
Prenuptial Agreements
Without a family lawyer, a prenuptial could potentially be deemed invalid if not drafted correctly. When this happens, the court decides your case according to the Virginia laws. What the court defines as an equitable division of assets might not line up with what you, as the couple, agree with.
A family lawyer can create or review and validate your prenuptial agreement so that, in a divorce, you can divide assets fairly according to the terms of your agreement. Including separate family lawyers in the process can also verify that the contract was not signed under duress or obligation.
In Any Family Transitions That Require Paperwork
Families go through many transitions besides those listed above. Some transitions are more complicated than others.
For all of the family transitions that require legal paperwork, you’ll want a family lawyer. They know the laws that pertain to your state and can answer your legal questions.
March 11, 2020
Do I File For Chapter 7 Or Chapter 13 Bankruptcy
The idea of filing for bankruptcy can be an intimidating process. It can be scary when you’re unsure of the consequences of filing, how it can affect your future or which bankruptcy to file for.
Per the U.S. Bankruptcy Code, there are six chapters of different bankruptcies that an individual can file under.
Typically, these types of bankruptcies apply to debtors based on criteria that qualify them to file.
If you happen to find yourself in serious debt, you are likely to file for Chapter 7 or Chapter 13 bankruptcy.
In this blog post, we break down the basics of Chapter 7 and Chapter 13, how to know which one you qualify for and the benefits of each chapter.
Chapter 7 Bankruptcy
This type of bankruptcy, also known as liquidation, is the most common and basic type. It’s for those who are in very serious debt with limited incomes.
Chapter 7 liquidates all of your assets to pay off the debt that you are unable to pay.
The liquidation of this property is paid to creditors, clearing you of whatever debt you have accrued and are unable to pay otherwise.
However, because of a number of exemptions that may apply, a vast majority of Chapter 7 cases do not require the sale of any of your property.
This process will usually take 3 to 5 months to clear all debts, giving the debtor a fresh start and wiping their slate of unsecured debts.
Eligibility
To become eligible for liquidation under Chapter 7 bankruptcy, a debtor will either have a household income below the state’s median level, or they undergo a “means test”.
Because Chapter 7 is typically reserved for people with limited income who are unable to pay back any of their debts, the “means test” determines whether they have enough disposable income to repay some or all of those debts.
So, if the household income falls below state levels, or living expenses exceed the income, debtors become eligible for Chapter 7 liquidation.
If they have enough means (assets, property, etc.) to pay off some of their debt, or make too much income, they will be required to file for Chapter 13 bankruptcy.
Chapter 13 Bankruptcy
Chapter 13, or wage earner’s plan, is a type of bankruptcy that develops a repayment plan for debtors with a regular income.
Typically completed in the span of 3 to 5 years, filing for this chapter will enable a debtor to pay off creditors through a trustee-distributed payment plan.
Unlike Chapter 7, this filing will protect your property (including nonexempt property) from repossession and your house from foreclosure.
After a debtor successfully completes the court-mandated repayment plan, unsecured debts have the potential to be dismissed.
Eligibility
To become eligible to file for Chapter 13, debtors must have a regular income and have unsecured and secured debts that are less than $394,725 and $1,184,200, respectively.
Unsecured debts are those that are not backed by or tied to any tangible collateral or asset. Medical debt and credit card debt are the most common types of unsecured debt.
Unlike unsecured debts, secured debts are borrowed with collateral. This means that a debtor took out a loan with a tangible asset as collateral.
For example, a house and a car can be collateral for a mortgage and auto loan.
Advantages and Disadvantages of Chapter 7 and Chapter 13
Filers of both Chapter 7 and Chapter 13 have the potential to be “discharged” of unsecured debts. This means that filers can be cleared of any outstanding debt that falls within the realm of each chapter, giving them a new beginning.
Chapter 7
In the case of Chapter 7, filing can quickly give debtors a fresh start, relieving them of their unpaid debts.
However, filers of liquidation bankruptcy have the potential to lose most of their nonexempt property for resale by bankruptcy trustees.
Unlike Chapter 13, Chapter 7 doesn’t give debtors a way to catch up on repayments to avoid repossession or foreclosure.
Chapter 13
Chapter 13 offers repayment plans that allow debtors to keep their property and catch up on payments for their secured debts. In most cases, filers of wage earner’s plan will be cleared of their unsecured debts.
Chapter 13’s repayment plans will keep your property protected and relieve you of unsecured debts when the payment plan is completed.
Affecting Your Credit Score
In any case, filing for either chapter of bankruptcy will lower your credit score, making it more difficult to get any kind of loan. However, applying for a loan with a discharge on your credit isn’t impossible.
If you have a bankruptcy on your credit record, you are just more likely to receive loans at a higher interest rate.
Bankruptcies stay on your credit report for a number of years. Typically, a Chapter 7 filing will remain for ten years while a Chapter 13 will remain for seven years.
Hiring A Qualified Bankruptcy Attorney
Speaking with a qualified lawyer can protect you from losing property and assets. If you’re considering filing for bankruptcy, be sure to get in touch with a professional bankruptcy lawyer to determine your best financial options.
September 22, 2019
Dos and Don’ts if You’re Arrested for Being Drunk in Public in Harrisonburg
When you have easy access to a downtown area described by Harrisonburg Tourism as a lively center for food, drink, history, and culture, you don’t need a special occasion to enjoy the area. Still, an everyday celebration can take a downturn if you’re arrested for public intoxication. In Virginia, this offense is called being drunk in public, and you could be surprised by the severity of the penalties for a seemingly minor crime. Contact a Harrisonburg criminal defense attorney right away if you’ve been arrested, but review a few Do’s and Don’ts about drunk in public laws.
DO Exercise Your Right to Remain Silent: The US and Virginia Constitutions both protect you from self-incrimination, which means police cannot force you to answer questions or make statements. If officers ask questions, you should stay quiet and request to speak to your lawyer.
DON’T Resist Arrest: Never, ever try to fight police when they’re apprehending you – either through verbal statements or physical force. Resisting arrest is a much more serious crime as compared to being drunk in public, and you shouldn’t risk additional charges. Save the battle for the courtroom.
DO Understand the Prosecutor’s Burden: Since public intoxication is a crime, the prosecution must prove beyond a reasonable doubt that you’re guilty. There are two essential elements in these cases, each of which is subject to this standard. They include:
- Proof that you’re intoxicated, which is based upon the arresting officer’s observation. Proof of your blood alcohol concentration (BAC) isn’t necessary for drunk in public charges.
- A showing that you were in public.
DON’T Skip Out on Your Court Hearing: After you’re arrested, you’ll get a court date to address the charges against you. Make sure to attend this hearing and arrive early. You should also dress appropriately for this official proceeding, by wearing clothing similar to what you’d don for a job interview.
DO Be Prepared for Applicable Penalties: Though you may believe you have a defense or you’ve worked out a plea bargain, you know the punishment you could face for a conviction for public drunkenness. This offense is a Class 4 Misdemeanor, so a judge will issue an order in accordance with Virginia’s punishment statute. You could receive a fine up to $250; plus, you’ll have a conviction on your criminal record.
DON’T Attempt to Represent Yourself: Because of the implications for your future, it’s important to retain an attorney to defend your interests in court. You may think public intoxication is a minor offense, but the conviction will follow you. Even after you pay the fine, you could have problems with employment, loans, and in other areas.
Set Up a Consultation with a Harrisonburg Criminal Defense Lawyer
If you’ve been arrested for being drunk in public, please contact Cravens & Noll PC for assistance in fighting the charges. We represent clients throughout Central and Western Virginia from our office in Harrisonburg, VA so we’re well-versed in the laws that apply to your case. You can call our firm at 540.246.0684 or visit our website to schedule a consultation with an experienced attorney.
Find Public Intoxication Lawyers Near You in Harrisonburg
If you are facing charges you need the expert services of a criminal defense attorney. Cravens & Noll is your criminal defense law firm in Harrisonburg, offering a range of services designed to reach the optimal outcome for your case. As a specialized DUI law firm, we handle cases of any complexity. Speak to a lawyer today by calling us at (804) 330-9220.
August 31, 2019
Checklist for a Virginia Parenting Plan
All parents have rights and responsibilities regarding care for minor children, so custody and visitation will be a primary issue in a Virginia divorce case. Courts tend to favor a shared approach to these issues, so that the child enjoys a strong relationship with each parent. A report published by the Institute for Family Studies confirms the benefits of a co-parenting arrangement, stating that children in such environments experience better outcomes with respect to overall well-being.
To achieve these positive outcomes, state law encourages divorcing couples to come up with a parenting plan that addresses the various issues that arise in shared parenting. A Virginia child custody attorney can provide specific recommendations based upon your unique situation, but a checklist for parenting plans may offer some guidance.
Joint Custody Issues: Under Virginia’s definition of joint custody, both parents share in the responsibility for the child’s care and each has the power to make decisions regarding important issues involved with raising him or her. Examples include determinations on education, health care, extracurricular activities, and others. The parenting plan should identify which decisions require mutual agreement, as well as how parents will go about resolving disputes.
Default Time Sharing: For practical purposes, one parent will likely have residential custody – which doesn’t not affect joint custody in terms of decision making. However, that does mean that the other parent has the right to parenting time, traditionally referred to as visitation. The parenting plan should address when and how the non-residential parent will exercise visitation rights on a routine, regular basis; usually, this will revolve around the school year. The plan should also mention the protocol for what happens when one parent cannot participate in time sharing because of work or personal reasons.
You should note that the arrangement of both custody and visitation must comply with the Virginia’s best interests of the child standard. Even if you can agree upon a parenting plan, a judge may still reject it if it doesn’t support the 10 factors listed in the statute.
Time Sharing for Breaks and Holidays: Aside from the default provisions on time sharing, your parenting plan should include provisions regarding school breaks, holidays, and other special occasions. For example, it’s common for parents to alternate major holidays and the child’s birthday. Each parent should expect to have the child for his or her own birthday, plus respective Mother’s and Father’s Days.
Expectations Regarding Parental Communication: Probably the most critical component of the parenting plan is communication, because of the benefits for coordination and compromise on raising the child. You should set up specific parameters for how often you discuss child-related issues and what happens in the event of an emergency, as well as many other matters.
Contact a Virginia Child Custody Lawyer About Your Case
To learn more about parenting plans and how to structure an arrangement that works for your family, please contact Cravens & Noll PC to claim your initial consultation. Our family law attorneys represent clients throughout Central and Western Virginia from our offices in Richmond, Chesterfield, Henrico, and Harrisonburg. We can provide additional information after reviewing the details of your case.
July 26, 2019
4 Bankruptcy Mistakes That Can Affect Your Rights
If you’re experiencing financial burdens and are desperate for a solution that will help you get control over your debt, you’re not alone. Statistics from the American Bankruptcy Institute reveal that almost 12,000 people have filed for personal bankruptcy in Virginia so far in 2019. For many, bankruptcy is a viable option for moving on and getting a fresh start, as long as it’s done properly.
Unfortunately, many people make critical mistakes with the bankruptcy process if they don’t have a legal background. A Virginia bankruptcy attorney can help you steer clear of these issues, and the cost is probably more reasonable than you think – especially when compared to the consequences of errors and omissions. Some of the top mistakes you can avoid with the help of a bankruptcy lawyer include:
- Filing Under the Wrong Chapter: There are two forms of bankruptcy for individuals, and the path that’s right for you will depend on your circumstances and goals. Chapter 7 is a discharge of all debts and, though some cannot be eliminated entirely, you can emerge from the process without owing on others. This proceeding does have drawbacks, especially with respect to your credit score going forward. Chapter 13 is a debt restructuring plan, where you’ll keep making payments on your debts – but under an arrangement that you can afford.
Each approach to bankruptcy features pros and cons, with respect to your assets, your situation during the process, and your future after it concludes. One of the biggest mistakes you can make with bankruptcy is choosing the wrong chapter for filing.
- Waiting to Set Up Credit Counseling: You’ll need to consult with a bankruptcy court-approved credit counseling agency within 180 days before filing your petition under Chapter 7 or Chapter 13 of the US Bankruptcy Code. Since it’s a requirement, there’s no reason to delay setting up the consultation.
- Paying Off Debt with Savings or Retirement Accounts: Spending down your savings to pay off creditors may not be the best move, as you may be able to protect these assets in bankruptcy proceedings. Otherwise, you could be applying these amounts to late fees and interest – without even touching the past due balance. The exception might be where you could pay off your entire debt, or almost all of it, by clearing out your savings. Retirement accounts are different, especially an IRA or 401(k). By taking early distributions, you could incur are tax implications and penalties. Worse, you’ll have less for retirement later.
Schedule a Consultation with a Virginia Bankruptcy Lawyer Today
The most effective way to avoid bankruptcy mistakes is to work with a knowledgeable attorney throughout the process. For more information on our bankruptcy services, please contact Cravens & Noll PC or fill out our consultation form. We can meet with you at our offices in Richmond, Chesterfield, Henrico, or Harrisonburg. Our team has helped countless individuals in Central and Western Virginia get out of debt, and we look forward to helping you with your rights and your future.
May 30, 2019
Fathers’ Rights
Regardless of your gender or your parental status, seeking a divorce from your spouse can be an emotional undertaking. Not only is separating from someone whom you once deeply loved difficult, but so too is understanding the various laws that surround divorce.
At the law offices of Cravens & Noll PC, we know that men in a divorce often believe that they are unfairly disadvantaged, especially if they are fathers. Our lawyers are here to help you protect your rights as a father in a Virginia divorce, as well as effectively navigate the divorce process as a man.
We Represent Men Like You During a Separation or Divorce
Our lawyers will stand by your side as you navigate the divorce process, and can help you to understand and navigate the many legal topics that are a common part of divorce. These include:
- Property division. The equitable division of property can be one of the toughest issues to navigate in any divorce. Our lawyers will make sure that you understand the law, how to effectively negotiate a property division agreement, and what your options are when negotiations prove unsuccessful.
- Child custody. Many fathers believe that they will not be awarded custody of their children based solely on the fact that they are men rather than women. However, courts do not favor mothers based on gender alone, and men have as equal of a shot at obtaining child custody and visitation as do moms.
- Child support. The non-custodial parent in a child custody arrangement is typically ordered to make child support payments to the custodial parent. We can help you to understand how child support is calculated, how to adjust a child support payment, and factors that affect child support.
- While typically not an issue in a divorce, the establishment of paternity is critical for all fathers who wish to have parental rights, including the right to seek custody of or visitation with a child.
- Alimony/spousal support. Alimony is a common part of a divorce settlement; however, much like child custody and support, men often believe that they are at an unfair disadvantage when it comes to alimony, especially when a wife served as a stay-at-home mom. Let our lawyers represent you in negotiating your spousal support settlement, and help you to understand the laws that will guide a judge’s decision should your case go to court.
- Enforcement of a premarital agreement. We represent both men and women in the formation of premarital agreements in our state. Additionally, we can also help you to prove the validity of your premarital agreement, as well as enforcement of your premarital agreement, should your marriage end in divorce.
In addition to the above, we can also represent men who have been accused of, or who are victims of, domestic violence. We also provide representation to men who are in the military and who are navigating divorce.
Fathers’ Rights and Child Custody in a Virginia Divorce
As stated above, one of the most sensitive issues for men in a divorce is that of child custody, primarily because most men believe that they will not be given custody of their child(ren) based solely on the fact that they are men, not women. Our lawyers are here to help you to navigate the child custody process and protect your rights.
Courts cannot make a decision about child custody based on the gender of a parent alone. In fact, while there once was a presumption that mothers were indeed better caregivers than men, most states have done away with this. In fact, the law in Virginia explicitly reads that there “shall be no presumption in favor of any form of custody” (referring to sole or joint), and that the court shall encourage both parents to share in child-rearing responsibilities, and that there shall be no “presumption or interference of law in favor of either.” This is found in the Code of Virginia Section 20-124.2.
This means that when it comes to seeking custody of your child, you have just as much of a right and an opportunity to seek the custody arrangement that you want, and that is best for your child. You may try to seek sole or joint custody of your child depending upon your situation.
What Factors Do Courts Consider if Not Parental Gender?
When parents are divorcing, they are encouraged to negotiate their parenting plan outside of court; this is less expensive, less time-consuming, and often has a more favorable outcome. However, if parents cannot reach an agreement, they will need to turn to a judge to issue an order. Should a court be tasked with making a decision about child custody, it will do so based on the best interests of the child. In Virginia, factors that a court considers in determining a child’s best interests include:
- The age of the child;
- The mental and physical condition of the child;
- The relationship that exists between the child and each parent;
- The needs of the child;
- The role that each parent has played in the upbringing and care of the child;
- The ability and willingness of each parent to support the child’s relationship with the other parent;
- The desire of each parent to maintain a close relationship with the child;
- The preferences of the child;
- Any history of abuse or domestic violence; and
- Any other relevant factors.
By demonstrating to the court that your child spending time with you is within your child’s best interests, you can win full or partial custody of your child. Our lawyers know what courts are looking for and what it takes to build an effective case.
Call Our Virginia Fathers’ Rights Attorneys Today
While being a father may have many benefits, when it comes to a divorce, especially a custody child arrangement, men may feel as though fatherhood is a disadvantage. However, this is not necessarily the case, especially when a father is represented by a competent lawyer who knows how to advocate for their rights.
To learn more about our fathers’ rights lawyers and our legal services, please contact us today for a consultation. We serve clients in Richmond, Chesterfield, Henrico, and Harrisonburg, Virginia.