Client Concerns Archives - BoykoNapier, PLLC

The Virginia Code – Find What You Need Online

April 30, 2013 By Marc Leave a Comment

In today’s technological world, it comes as no surprise that almost everything is online. So, it should not surprise you to learn that the entire Virginia Code, in all its glory, is online with a user-friendly, searchable database.

What is the Virginia Code?

The Virginia Code is, simply put, the laws in Virginia. The Code is the collection of statutes that the legislature has created and amended over time. These written statutes (a.k.a. “code sections”) are laws that govern our society.

If you have ever been in criminal or traffic court, you have probably heard the Judge or the clerk announce to a defendant, “You have been charged with violating Section 18.2-xxxx of the Code”. That is a reference to one statute. But there are thousands, governing everything including crime, contract, divorce, custody, probate, licensing, insurance, adoption, etc.

Why You Might Want to Look at the Virginia Code?

If you are involved in a Legal Action

Criminal or Traffic Charge – if you have been charged with a criminal or traffic offense in Virginia, you should receive a summons, warrant or indictment. On any of these documents is a code section (sometimes more than one). For example, if you have been charged with assault and battery, you should see Virginia Code Section 18.2-57. The section will describe the behavior that is prohibited and will usually specify the degree of the charge and, in some cases, the punishment range.
Civil Case – if you are involved in a civil action, the Judge may turn to the Code to find the legal standard that applies to your case. For example, in a child custody case the Court is obligated to consider certain “statutory factors” set forth in Virginia Code Section 20-124.3. The same is true for certain civil contract suits, among many other types of civil litigation.

If you are wondering whether you can bring a Legal Action

If you think you have a legal action against another, the Code may be of some assistance. Search for the issue you are having and you may find the answers you were looking for.
If you are wondering whether you should do something or not–I.E. whether a particular activity is prohibited. Reading the Virginia Code can often be any eye opening experience. There are so many things that you probably are not aware of—some of them are even criminal laws that you would not have thought existed.

How To Access the Virginia Code Online?

Visit the searchable database: Code of Virginia (http://leg1.state.va.us/000/src.htm).
Search via words and phrases (in the search term box)
- Just like you would in google (sort of). If you want to search for a couple of words/phrases, insert the word “and” inside.
- Be careful to use the exact word you want. If you want word variations, insert a “*” (i.e. “Custod*” for custodian or custody).
Search via Table of Contents
- This takes you to a list of the Titles. In this way, the statutes are nicely organized by topic. If you want Family Law, for example, it is listed next to its Title (Title 20: Domestic Relations).
- Once you are inside a particular title, you should see a list of Chapters. These are basically subtopics.
- Once you are inside a particular Chapter, you should see a list of every statute within the chapter.
Search via Popular Names
- A click on this will bring you to a list of popular legislative acts, including Uniform statutes (i.e. “Uniform Child Custody Jurisdiction and Enforcement Act”).
NOTES:
- If you are having trouble, use the search examples provided to help you reformat your search.
- READ THE ENTIRE SECTION. Don’t stop after the first paragraph. Sometimes, within a particular section, there are exceptions or additional rules that might impact your situation. So be sure to review everything–after all, if you’re spending time to look up a statute, odds are it is probably important!
- The online database will also let you review a portion of the statutes history, including amendments (click on the hyper-linked numbers at the bottom of the statute).

If you have questions about the Virginia Code, or about any legal issue you may be facing, call an experienced Virginia Trial Lawyer at BoykoNapier today at (804) 658-3418 or contact us via email. We represent clients throughout Central Virginia, including Richmond, Chesterfield, Henrico, Hanover and the surrounding localities.

Have a Pending Civil or Criminal Case in Virginia? Check your Case Status Online

April 16, 2013 By Marc Leave a Comment

Computer Keyboard — Courtesy of ericnvntr via flickr.com

In Virginia, Courts across the Commonwealth have made it relatively easy to go online with your computer, tablet or smart phone and check the status of your pending criminal, civil, or divorce case. The amount of information provided depends on the type of case and the particular Court, but will usually include the Court dates, case numbers, filing dates, offense dates and arrest dates (if applicable). In some cases, the attorney’s names and the final disposition will also be posted online.

Follow these simple steps to find your online case information:

Go to the Virginia Court’s Website: www.courts.va.state.us.
On the left sidebar, click on the tab labeled “Case Status and Information”, which should bring you here.
Circuit Court (i.e. Divorce, or Felony Charge that has already been before the Grand Jury for certification or indictment):
- Click on “Case Information” under the heading for Circuit Court, which should bring you here.
- Use the drop-down menu to select the Court where your case is pending (i.e. Hanover, Richmond City).
- Once you have selected the right Court, click “Begin”.
- On the next page, beneath the words “Main Menu” you have the option to select “Criminal” or “Civil” – select the appropriate option.
- Then type in the name of the person you are searching for (unless you choose to search via case number) and click the search button.
- On the next page, if there are cases related to the name, you should see a list of cases. Once you find the case you are looking for, you can click on the case number on the left which should reveal the online information for that particular matter.
General District Court (i.e. most misdemeanor criminal and traffic charges):
- Click on “Case Information” under the heading for General District Court, which should bring you here.
- Read the Terms and Conditions of Use and type in the Numbers or Characters as requested in order to enter the database.
- Once inside, on the left sidebar, select the appropriate Court from the drop-down menu.
- After you have selected the right Court, click on the type of search you want to perform (i.e. Name search in a Traffic/Criminal matter).
- If you have selected the name search, the new page will prompt you to enter the name of the party.
- Once the name is entered, a list of relevant cases should appear.

There are a few caveats:

If your case is pending in Juvenile Court you will not be able to access any case information online.
If your case is pending in a Court that does not post information online (i.e. Henrico County Circuit Court and Chesterfield County Circuit Court do not provide online case information at the present time) you won’t be able to take advantage of this feature.
Do not rely solely on the online case information; due to the nature of this database, information may be incorrect or outdated. Accordingly, you should Contact the Court directly to verify important information.

Once you have reviewed the online case information, it might also be wise to go back to the Virginia Court’s Website and browse around for a while. Who knows, you might just stumble upon some useful information for your case!

For additional information, contact an experienced attorney at BoykoNapier, PLLC—call (804)658-3418 or contact us via email for assistance.

Hiring Your Trial Lawyer – What to Look For

March 4, 2013 By Marc Leave a Comment

scales of justice — Courtesy of mikecogh via flickr.com

If you find yourself in need of a trial attorney, you are likely in the midst of a serious crisis. Whether you’ve been charged with a crime, been served with a divorce complaint, or been seriously injured by another’s negligence, the attorney you select to represent you can have a serious impact on the outcome of your case.

That being said, although you want to hire a trial lawyer as soon as possible, it is also important that you not rush your decision. Make sure you feel comfortable that the attorney you hire is right for your case.

Here are a few things to consider:

1. Experience. Make no mistake, this should be the most important factor. After all, you want a skilled criminal defense attorney if you are charged with a crime; you want a trial attorney with a firm grasp on family law if you are litigating custody of your children. During your initial consultation, ask the attorney about their experience with your particular issue. If they say “none” or avoid answering the question, that should raise a red flag.

2. Confidence. Having a lawyer with confidence fighting on your behalf is a critical factor in achieving success. This attribute usually goes hand-in-hand with experience—the more confident the attorney, the more experienced they tend to be.

3. Cost. Not all great trial lawyers are expensive. Nevertheless, when considering the fee amount, you want to also consider the financial impact on you and your family. If the fee will create financial crisis, consider other options.

4. Compassion. Try and analyze the attorney’s level of compassion for your situation. A caring attorney is superior; if the attorney appears unsympathetic, that may translate into a lackluster effort.

5. Location. If you live or work nearby, it is easier to maintain a close relationship with your attorney. Also, if your attorney practices in the locality where your case is pending, they are more likely to be familiar with the Judge’s in the locality—this familiarity is often vital to success.

6. Your Goals. Address your goals with the attorney during your initial consultation. Ask them how they can help you reach those goals and whether the goals are feasible.

I am often baffled when client’s come to me with a serious, life-changing legal issue (i.e. Felony drug charge) and neglect to ask me important questions about my experience, their goals, or their payment options. Bottom line: don’t be afraid to get a second opinion. Which lawyer you choose can make a tremendous difference in your outcome.

Call: 804-658-3418