BoykoNapier, PLLC

Call: 804-658-3418

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

By 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.

Virginia Child Support Guidelines: a Closer Look at the Ingredients

By Leave a Comment

Chalkboard Calculation Math
Courtesy of Evelyn Saenz via flickr.com

In Virginia, Court-ordered Child Support amounts are typically determined through the use of Virginia’s Child Support Guidelines.

The support guidelines are a creature of statute (Va. Code Section 20-108.2) and the Court is required to presume that the guideline amount is appropriate (Va. Code Section 20-108.1).

Because the child support guidelines are so important, it is a good idea to familiarize yourself with the building blocks—the ingredients that usually provide the foundation for calculating the child support amount:

  • Gross Income of the Parties
    • The Gross income of both parents perhaps the primary factor in determining the percentage obligation of the parties (i.e. if Dad makes 30% more than Mom, he will need to pay a higher percentage of the child support need)
    • Gross income is generally considered to be all income from any source.  For most people, this could mean:
      • Wages from Employment
      • Interest income
      • Unemployment income
      • Disability income (note: if a parent receives disability benefits, any sums received for a child who is the subject of child support shall be includable as well)
      • Spousal Support
      • Pension and Retirement Account distributions
      • Gifts
  • Number of Children in Common
    • The number of minor children of the parties will obviously impact the amount of the child support obligation
  • Number of Children Not in Common
    • If either parent has children from another relationship than they will typically be awarded a credit that offsets a portion of their gross income—the credit will depend on the number of other children or on the amount of child support they pay for the other children
  • Medical Insurance
    • The premium expense for the minor children’s medical and dental coverage, if applicable, is considered.
    • The parent who pays the expense should get a credit for the payment.
  • Daycare Expenses
    • The daycare expense for the minor children, if applicable, is considered.
    • The parent who pays the expense should get a credit for the payment.
  • Custodial Time
    • If the non-custodial parent has at least 90 visitation days each calendar year, or if the parties have joint physical custody, the Court may use “shared support guidelines”, which calculates the child support need based on the amount of time the child is with each parent.
    • If the parties have split custody (i.e. both parties each have primary custody of at least one minor child in common) the Court may use “split custody guidelines” to account for the different custodial arrangement

Take a look at a Child Support Guideline Worksheet to see how this all fits together.

If you have questions about child support, contact an experienced family law attorney at BoykoNapier today.  Our attorneys represent clients throughout Central Virginia, including Richmond, Henrico, Chesterfield, Hanover and the surrounding localities.  You may reach us via phone at (804) 658-3418 or via email.

Injured in a Car Accident? Here are Some Quick Tips

By Leave a Comment

Car accident
Courtesy of spirobolos via flickr.com

When you or a loved one is involved in a motor vehicle accident, it is always an emotional and frightening experience.  For that reason, it is important to consider a few things if this happens.

  • Treat Your Injuries: first and foremost, you need to take care of yourself or your loved ones.
    • Following an accident, it is wise to consider getting checked out by a doctor; even if you think you are fine, note that some injuries may not surface until many hours after an accident occurs.
    • Ask for an ambulance to take you to the emergency room, especially if you know you’ve been seriously injured.
    • Bring company—it is best to have a loved one there to support you while you are being examined and treated.
    • Be honest—tell your physician about all of the pain/discomfort you are experiencing.
  • Follow Doctor’s Orders: although it is often frustrating and time consuming, it is important to follow the recommendations of your physician.
    • If your doctor recommends certain tests or procedures, give your consent.
    • Take medications as prescribed
    • Be sure to schedule and attend any recommended follow-ups or appointments with a specialist
    • If your doctor tells you to stay home from work for a period of time, don’t work.  You might risk further injury.
  • Document the Incident:
    • Photographs:
      • Of the Vehicle (to show the damage and location of vehicles at scene, if possible)
      • Of the Injuries (document initial injuries, as well as healing process over time)
    • Police Report:
      • Contact the police for a report of the accident
      • Note: this should not be misconstrued as advising you to give a statement to police–it may be wise to speak with an attorney before giving a statement, particularly if the accident was your fault or if the other party claims it was your fault.  Any statement you provide could potentially be used against you.
    • Exchange Information: it is always important to exchange contact info with the other driver, particularly the insurance information.
  • Deal with Insurance Companies:
    • Be Cautious about giving recorded statements about the incident.  You may leave out certain important details, or confuse issues.  In some situations, these statements may be used against you and impact your financial recovery.
    • Be careful accepting any settlement offers from an insurance agent before speaking with an attorney; they will often try and get you to settle for an amount that is far lower than what you may be entitled to receive.
    • Get an Estimate: before you repair your vehicle, get an estimate to detail the damage and the cost of the repairs.
  • Contact an Attorney: a skilled personal injury attorney can help you get a greater financial award for your injuries

At BoykoNapier, our personal injury attorneys are skilled Virginia trial lawyers and are here to help you through this difficult time.  Whether your accident occurs in Richmond, Henrico, Hanover, Chesterfield or anywhere else in Virginia, call us today at (804) 658-3418.

Difficulties in Divorce: The Tale of Two Households

By Leave a Comment

Virginia Capital Building
Courtesy of JoeDuck via flickr.com

The price of separation can be one of the largest hurdles couples face during a divorce.  Figuring out how to afford the operation costs of two different households is no easy task.    Once the “marital residence” becomes a misnomer, husbands and wives are staring at the same income levels, but twice the bills.  Two electric bills, two mortgages or rents, two homes to furnish, clean and repair, and sometimes, two daycare providers.

This is particularly difficult in a lot of situations because the spouses did not consider the cost of running two households.  Given that most are overcome with emotion and anxiety during separation, it comes as no surprise that they haven’t first poured over their bank accounts to create a feasible budget for their “new” life.  This financial neglect is common even in cases where the almighty dollar was in fact the root cause of marital discord.

So, in case you happen to be reading this and you are thinking about separation (i.e. leaving the marital residence), and your departure is not emergent (i.e. you are not subject to imminent harm), here are a few tips to consider before you decide to go:

  • Have a plan. Figure out where you are going.  Perhaps the plan is renting an apartment in Richmond or Henrico.  Fine.  Or even retreating to your parents’ place, or a friend’s house in Chesterfield.  Fine.  Just have a plan.  (Note: it would be advisable to ensure that your plan is not “temporary”, try not to find yourself in a position where you are saying something like this: “I’m going to Nancy’s and I’ll figure it out from there”).
  • Review your assets.  Look primarily at “cash-on-hand” (how much money you have immediate access to) and your net monthly income.
  • Tally your expenses.  What new expenses will you have (furniture, rent/mortgage, utilities)?  What current expenses will you continue to incur (phone, insurance, car payment, mortgage)?
  • Compare your cash and net income to your expenses.  How long will your finances last?   If the numbers aren’t comforting, consider modifying your plan.
  • Talk to a family law attorney about your rights incident to separation.  You may be entitled to request support from your spouse, among other things.  They will also be able to advise you regarding the manner/method of your separation to help you protect your rights.  Because separation is often hardest on children, discussing the situation with a family law attorney is particularly important if you have kids.

 

Drug Possession Charges and the First Offender Program

By Leave a Comment

Richmond, Virginia Skyline
Courtesy of rvaphotodude via flickr.com

In Virginia Courts, if you are charged with possession of narcotics and have no previous drug-related convictions you may be entitled to relief from conviction under Va. Code Section 18.2-251, commonly referred to as the “First Offender Program”.   Be sure to ask your attorney about your eligibility.

How, you might ask?

Convince the Court to allow you to participate (a Judge is not required allow you to enter into the program)—this can be done in a variety of ways, most commonly by an agreement with the Commonwealth’s Attorney, explanation of mitigating factors or simply by entering a plea and advising the judge of your request to be placed into the First Offender Program.

If the Court grants your request, the case will be continued for a period of time (the “probationary period”).  During this time you will be obligated to perform a variety of tasks, including:

  • Completion of substance abuse assessment, and substance abuse treatment/education if appropriate
  • Remaining drug and alcohol free: you will be required to undergo random drug/alcohol screens (note: for a lot individuals, this is the most difficult task)
  • Making reasonable efforts to secure and/or maintain employment
  • Completion of community service hours (at least 100 hours if you are charged with a felony, up to 24 hours if you are charged with a misdemeanor)
  • Complying with a suspended driver’s license: your license will be suspended for a period of time (many judges will authorize a restricted license which will allow you to drive for certain things like work, school, medical care—read the authorized privileges: Va. Code Section 18.2-271.1(E)).
  • Stay out of trouble: if you get new charges during the First Offender Program, you will likely violate the terms of the program.
  • Pay the costs of the program (if you are indigent you can ask the Court to reduce or eliminate the costs).

Note: Be honest with yourself regarding the random drug and alcohol screens.  A lot of people fail the program because of a positive screen.  Why should that concern you?  A lot of Judges consider this program a second-chance and, if you are not fully compliant, they may punish you more severely than if you never even entered the program—many Richmond, Henrico and Chesterfield judges may even impose a significant amount of active jail time for failure to comply.

Don’t let this kind of warning scare you off.  Though the obligations may be difficult, in my humble opinion the upside of successfully completing the program is much greater than the potential downside.  Besides, if all goes well, your new favorite phrase will be: “Case dismissed!”

Related Posts Plugin for WordPress, Blogger...

Call Us: (804) 658-3418

Office Address:
5807 Staples Mill Road
Richmond, Virginia 23228
Phone: (804) 658-3418
Fax: (804) 658-3441

Social

Google+
Disclaimer