July 9, 2018
Divorce and Self-Employment: Things You Should Know
Divorce, a problematic phase of life becomes more difficult if your partner is self-employed. There is a possibility that your self-employed partner may attempt to cloak his or her assets, which is one of the biggest concerns in such cases. Whereas, if you are a self-employed individual who wish to part ways with his/ her partner, then you must explore all the legal ways to protect your business. It is important that you know how to protect your interests if you are going through a divorce. In this article, we will list down what to expect and how to protect your interests.
Divorcing as a self-employed individual
Your financial health will be affected, if your partner claims that you earn more than you actually do. You need to be ready for it, because your business and your future depends on it. You need to follow the below mentioned divorce tips to protect your interests:
- Collect as many legally valid documents about your business and financial situation as you possibly can. Reliable and legally verifiable information is the key in divorce proceedings, so collect all the information you can.
- Seek professional help. You need to hire an accountant or auditor who can present accurate picture of your business.
Divorcing your self-employed spouse
As mentioned above, your self-employed partner may try to hide his/ her assets to give you less share than you legally deserve. To avoid such situations, you should determine the financial situation of your partner accurately. If you and your partner share a good relationship, then the chances of fraud are less but there always exist a possibility. Therefore, you need to follow the below mentioned points to protect your interest:
- Collect as many legally valid documents about your partner’s business and financial situation as you possibly can.
- Hire a forensic accountant or a business evaluate to find the true worth of your partner’s business.
If you live in the Richmond, Chesterfield, Henrico and Harrisonburg areas and you are thinking of divorcing your self-employed partner, call Cravens & Noll at 804-330-9220 or fill out our online contact form to schedule an initial consultation. We can discuss your situation, your legal rights, the potential costs of a divorce and your best options for moving forward.
May 29, 2018
Questions to Ask Before Hiring a Divorce or Child Custody Attorney
Divorce and child custody cases can be highly emotional and deal with issues that are at the core of what most people hold dear. Who is my family? How do I care for and protect my children? How do I make sure that my children and I are treated fairly? What will my future family life be?
If you’re looking for an attorney, look for someone you can trust
If you’re seeking a divorce or child custody attorney in the Richmond, Chesterfield, Henrico and Harrisonburg areas, you need to find someone you trust with handling these critical issues. Someone who not only knows the law but someone who knows how to handle highly stressful, emotional situations that come with a divorce and deciding which parent has what rights when it comes to child custody.
No matter what legal area you need help with, whether it’s because you’ve been injured in an accident, charged with a crime or getting divorced, you need to trust your attorney. You need to feel comfortable with the person and feel confident that person will fully represent your interests and protect your rights, whether when that’s during negotiations for an agreement between the parties or in court during a trial.
Questions worth asking
Here are some important questions you can ask to help narrow down whom you should work with in a divorce and/or child custody matter.
- Do you specialize in divorce and child custody?
- How much of your work is divorce and child custody cases?
- How many years have you been practicing law?
- How does your knowledge and experience fit with my needs as a client given the facts of my case?
- What approach would you take in my case? Are you very aggressive when dealing with the other attorney or party or are you more inclined to try to work out an agreement?
- What would you expect of me as your client?
- What should I expect from you as my lawyer?
- What are the strengths and weaknesses of my case?
- What outcome I should reasonably expect in my case?
- Do you handle just negotiations, just trial work or both?
- Will you personally be handling my case or will others work on it? If there are others, who are they and what will they do?
- Do you have the time to take on my case and give it the attention I need?
- How much should I expect this to cost? How much time will this take? What might make that cost and amount of time increase or decrease?
- Do you work on retainer?
- Is there an hourly rate in addition to that?
- What happens when my retainer runs out?
- What hourly rate will I be charged if I call and talk to a secretary or paralegal?
- What are the costs, other than your time, that I’ll need to pay?
- How quickly do you respond to phone calls and emails?
- Will you update me regularly about my case?
We earn our clients’ trust every day
Cravens & Noll represents clients in the Richmond, Chesterfield, Henrico and Harrisonburg areas, in all aspects of divorce and child custody, including negotiation, mediation and taking a case to court. We give our clients the opportunity to explain their situation and concerns and talk about the goals they’re seeking.
We understand the emotional toll a divorce and child custody matters can take, in addition to the practical problems it may cause your work life and raising your kids. You can trust us with the legal issues you and your family face so you can focus on living your life and planning for the future. Call us today at (804) 330-9220 so we can schedule a free, initial consultation to discuss your current situation, the future you hope for and how we can help you attain it.
May 15, 2018
What You Should Tell Your Divorce Lawyer When You First Meet
If you’re thinking about getting a divorce and live in the Richmond, Chesterfield, Henrico and Harrisonburg areas, Cravens & Noll offers a free consultation so we can meet in person and talk about your needs and how we can help. This is a very important meeting for both sides because it gives you a chance to see if we’re a good fit for you and if you and your case are a good fit for us.
Honesty is the best policy
You’ll want information from us and we’ll give that to you as best as we can. We will also want information from you. Just as you want us to be honest, we want you to be honest too.
- We can’t help clients if they won’t tell us what’s actually going on.
- You may have made mistakes, done or said something you shouldn’t have or are embarrassed about something. It’s OK to tell us these things.
- We’re ethically obligated not to divulge what you tell us to others (unless you want us to).
- Given all the years we’ve helped people with divorces, all the clients and potential clients who’ve come through our doors, chances are pretty slim you’ll tell us something that we’ve never heard before.
- If something you’re hiding is important and your spouse breaks the news at a critical part in the divorce process and we’re unprepared, it won’t do you or us any good.
- Just as you can fire your attorney, as part of our representation agreement with our clients if you’re not being truthful with us, we might stop representing you too.
Information we may want from you
Some of the information that we could ask for during a consultation includes,
- The basic facts of your relationship, including how long you’ve known each other.
- Why you, your spouse, or both of you want to divorce. What your problems are, when they happened and why they haven’t been resolved.
- Whether you really want a divorce or whether you might want try to find a way to repair your relationship.
- What your goals are, what you want the results to be, in getting a divorce.
- What you would like to tell us about your spouse and what you think your spouse would say about you.
- Whether one or both of you are substance abusers or have addictive habits like gambling which impacted your relationship or finances.
- Whether you or your spouse suffer a disability making it difficult or impossible to hold a job and earn a living.
- Whether the two of you have children with each other and whether one or both of you have children from prior relationships.
- The ages of your children and whether they have any disabilities.
- Whether one of you put off furthering your education or put a premature end to a career to care for your children or support the other spouse in his or her career.
- Whether there is any domestic violence going on currently or if there was any in the past.
- Both of your incomes and how they’re earned.
- What kinds of assets and debts you have, whether you own a house, information about retirement savings or pensions one or both of you may qualify for.
- Whether one or both of you own businesses or whether the two of you own the same business.
- Whether you are trying to hide or shield any assets from the divorce or if you believe your spouse may be doing so.
- Whether one or both of you are in the military or will qualify for a military pension.
Contact us and schedule a free consultation
Cravens & Noll represents clients in the Richmond, Chesterfield, Henrico and Harrisonburg areas in all aspects of divorce, including negotiation, mediation and taking a case to court. We give our clients the opportunity to explain their situation and concerns and talk about the goals they’re seeking.
We understand the emotional toll a divorce can take, in addition to the practical problems it may cause your work life and raising your kids. You can trust us with the legal issues you and your family face so you can focus on living your life and planning for the future. Call us today at (804) 330-9220 so we can schedule a free, initial consultation to discuss your current situation, the future you hope for and how we can help you attain it.
April 14, 2018
When Should I See a Doctor After a Car Accident?
The most important aspect of a personal injury case is the facts. How the law applies to those facts is critical too, but the chances your case will break new legal ground is almost zero. Facts are normally the main reason why a case wins or loses, a settlement is considerable or disappointing. If you’re involved in a vehicle accident in the Richmond, Chesterfield, Henrico and Harrisonburg areas, the cause of your injuries, their extent and long term impact are very important facts in a lawsuit seeking compensation for those injuries.
That’s why you should get medical attention as soon as possible after your accident. If you’re injured or feel so shaken up you shouldn’t drive, after the police arrive, ask for an ambulance if one isn’t already there. If you’re unconscious, semi-conscious or suffered a serious injury the police officer should call for one without you even asking.
See a doctor as soon as possible
If you feel OK and you can drive your vehicle, as soon as possible after the accident, whether that’s directly from the accident scene or no later than the following day, either see your physician or if he or she isn’t available, go to a local medical clinic or hospital emergency department.
This is necessary so whatever injuries you’ve suffered can be addressed as quickly as possible. You may also have injuries that you’re unaware of because you could literally be numb to them because of the stress of the situation. Tests, x-rays, CT scans or MRI’s could be needed to find what, if anything, is wrong with you and if so, what that problem is and what should be done about it.
The exam, tests and treatment help document important facts for your case too. They will establish that the trauma of the vehicle accident caused your injuries, their extent and how they impact you. You may also need to follow up within days of your medical care because some injuries won’t show themselves until some time passes.
Medical records help you prove your case
The longer you delay in seeing a medical professional, the greater the risk the insurance company representing the other party will claim your injuries weren’t caused by the accident. The insurance company may claim you slipped and fell at home, were injured at work or involved in another accident involving a different driver.
Also, with the delay you risk the claim that you’re to blame that the injuries you suffered are so bad. You didn’t act like a reasonable person to get medical attention promptly. As a result you aggravated the injuries, the situation worsened and the insurance company won’t want to pay for your mistakes.
Most vehicle accident injury cases are based on the legal theory of negligence. In these cases the plaintiff has the burden of showing several elements.
- The defendant owed the plaintiff a legal duty to do, or not do, something given the situation (the defendant should not run stop signs).
- The defendant violated or breached that duty (he or she ran the stop sign).
- That breach was, in fact, the cause of the accident (the truck driven by the defendant didn’t stop at the stop sign and collided into the plaintiff’s car).
- The breach was the legal or proximate cause of the accident.
- As a result of the accident the plaintiff suffered injuries and resulting damages.
- Under Virginia law, the plaintiff can receive compensation for those types of injuries.
The plaintiff has the burden of proving all these elements, including number five. Even if there is strong evidence establishing one through four, without being able to prove injuries were caused in the accident, there is no case. Getting medical attention as soon as possible after an accident will help you prove there’s a connection between the accident and your injuries, as well as establishing how severe they are and their impact on your life.
Call our office as soon as possible after your vehicle accident, too
Cravens & Noll handles all types of vehicle accidents for our clients. Not only can we protect your legal rights, we can help you get the medical care you need and deal with the insurance company so you can focus on recovery and living your life. For the individual attention you deserve and a full explanation of your rights, call Cravens & Noll’s Richmond, Chesterfield, Henrico and Harrisonburg offices at (804) 330-9220 for a free consultation.
November 17, 2017
Four Tips to Help You Win a Custody Case
If you’re involved in a child custody dispute in Central or Western Virginia the court’s idea of a “win” is an arrangement that’s in the best interests of your child. The legal strategy of custody cases is to convince the judge that your idea or plans for the custody arrangement is in the best interests of the child. The facts of the case are what the judge will consider in making a custody determination The job of an experienced family law attorney is to prepare your case in a manner so as to present the facts that favor the custody arrangement that you feel is best for your child.
Custody arrangements between the parties can be made after negotiations or mediation Custody is divided into legal custody (the ability to make important decisions impacting the child’s life such as medical, religious or educational issues) and physical custody (where the child primarily resides).
If the parents can’t come to an agreement a judge will decide the custody and visitation of a child based Here are some things to think about to improve the chances of success if your custody dispute ends up in court…
Is this about you or your child?
If your custody case is really about revenge against your former spouse or partner and an effort to inflict pain by denying the parent time with the child and the ability to make decisions concerning your child’s life, this may be a battle where there are no winners. If anger is motivating you, not the fact you want what’s in your child’s best interests, you need to re-think what you want and why. If a judge decides you’re engaged in a protracted, painful custody process out of spite you’re doomed to fail. This isn’t about your best interests and desires. It’s about the child’s best interests. The job of an experienced family law lawyer is to persuade a judge based on the facts and evidence presented that the custody arrangement you want is best for your child.
The future may be based on the past.
If you haven’t spent much time with the child or shown much interest in him or her and for whatever reason you’ve been on the sidelines of the child’s life, it’s not realistic to think a judge will issue an order where you will be the primary caregiver and the center of the child’s life. In this situation a win might be shared legal custody and the ability to spend time with the child on a regular and predictable basis. This would allow you to become a bigger part of your child’s life and if your relationship with the child flourishes, you would be in a better position to ask the judge for more time in the future.
Don’t threaten the other parent.
Don’t make physical or emotional threats against the other parent to try to force the parent to agree to the custody arrangement you want. Don’t threaten to stop paying child support or to turn the child against the other parent. A judge will look kindly on a parent who is open to cooperating with the other one. A judge could be very harsh to a parent making threats. The judge could decide it’s not in the child’s best interests to spend a lot of time with a parent who makes threats.
Don’t alienate the child against the other parent.
Do not, through words or actions, degrade the other parent in the eyes of your child, threaten to withhold affection or support to the child, threaten violence against the child or to isolate him or her unless the child turns against the other parent. If you think this will get your child on “your side” to help you get the custody arrangement you want, think again. In all likelihood it will backfire. Chances are the judge will learn about this and may decide it’s in your child’s best interests to stay away from you.
If you have any questions about child custody law or need representation in a Central or Western Virginia child custody matter, call Cravens & Noll at (804) 330-9220 for a free consultation at one of our five offices. We can discuss your situation, how the law may apply, how you can improve your chances of success and how we can protect your legal rights and interests.
June 14, 2017
Virginia Baby Dui’s
Driving After Illegally Consuming Alcohol (“Baby DWI”)
Most everyone knows that the legal drinking age is 21 years old. Most people also know that you can be convicted of Driving While Intoxicated if your blood alcohol concentration (BAC) is at least .08 percent while driving.
Most people do not know that, if you’re under 21 years old, and have a BAC of .02-.07 while driving, then you can be convicted of what some attorneys call a “baby DWI.” A “baby DWI” is the crime of Driving After Illegally Consuming Alcohol, and is codified in Virginia Code section 18.2-266.1. There is a common misconception by people charged with violating 18.2-266.1 that, because people refer to the offense as “baby,” that the charge is “not a big deal.” This couldn’t be further from the truth.
In fact, a violation of 18.2-266.1 is a class 1 misdemeanor like regular DWIs, petit larcenies, assaults and batteries, etc. Therefore, violating 18.2-266.1 can lead to 12 months incarceration. Additionally, a conviction for violating 18.2-266.1 results in a driver’s license suspension of 1 year. If convicted of a first-offense DWI, the offender’s driver’s license is also suspended for 1 year.
If convicted of violating 18.2-266.1, the offender must choose between completing at least 50 hours of community service or paying a fine of at least $500.00. For a first-offense DWI, the law only requires at least a $250.00 fine. Therefore, the minimum fine is actually less for an actual first-offense DWI, than for a “baby DWI.”
People charged with violating 18.2-266.1 usually have a hard time understanding why they are charged with a “baby DWI” if their BAC was less than .08 percent. This is because a violation of 18.2-266.1 does not require intoxication. Look at the title of this article again. 18.2-266.1 is for driving after illegally (underage) consuming alcohol, not driving while intoxicated from alcohol.
Now, if an underage person has a BAC of .08 percent or more while driving, that person will likely be charged with a regular DWI. Again, a DWI conviction requires proof of intoxication, while a “baby DWI” does not.
Both DWI and a violation of 18.2-266.1 are very serious charges, and should be treated as such. Don’t downplay the severity of a “baby DWI” because “at least it’s not a regular DWI.”
May 22, 2017
Summer Accident Guide
The lawyers of Cravens & Noll with 5 locations representing throughout central Virginia, want everyone to be safe and free from harm. Regretfully, the world is a dangerous place and chances are that one-day a careless or reckless person will injure you or a loved one. Accidents can happen to anyone, anytime, anywhere.
When an accident happens, we are here to help you and your family. After obtaining medical care for yourself and others, some important first steps will help protect your legal interest. You should gather and retain as much information as possible. Take photographs or videos.
Be careful about what you say. Document your injuries. Then Immediately contact Cravens & Noll directly at (804) 258-1631 for a free case evaluation.
The following further suggestions are applicable to most types of accidents.
Be Calm
Stay calm and alert. Accidents are unexpected and can generate powerful emotions. Remaining calm and clear-headed will allow you to more objectively take positive actions. Try to be polite and cordial. Do not become hostile to the others who may be involved.
Call 911 for the Police and Medical Care.
Always call the police or other responsible authorities when involved in an accident. Always request medical assistance for those injured. Always report your injuries no matter how slight. Injuries frequently become worse. Seek prompt medical attention.
Do Not Discuss the Accident
Do not take blame for the accident. Exchange information required by law but do not make any other statements. Cooperate with the authorities but do not make any damaging comments. Anything you say can be used against you. Remember that you have a right to talk with a lawyer before making any statements.
Preserve the Scene
The scene of an accident is the place or location where the injury occurred. It includes the actual physical location plus any physical evidence, items, articles, machinery, products, vehicles, and anything tangible that helps explain the cause of an accident. It is extremely important to call the police or other authorities that are responsible for investigating the accident or resulting injuries. Take complete photographs and videos of the scene, including the resulting injuries.
Gather the Record Information
Get the names, addresses and telephone numbers of all witnesses. Many witnesses of accidents leave without giving any information. Do not rely on the investigating officials to obtain this information. Keep notes of all important facts.
Preserve all Evidence
Evidence includes all tangible and intangible items or information pertaining to the accident. It includes, for example, statements, cars, machines, items, clothing, photographs, videos, scene photographs, medical records, bills, and so forth. Keep all evidence in a secure location. Do not destroy or discard anything. Know where all relevant physical items are located. Do not give authority to anyone to remove, obtain, possess, or destroy anything.
Injuries and Damages
You may be entitled to compensation for your injuries. Awarding monetary damages is the law’s method of putting the wrongfully injured party, as closely as possible, into a position equal to that position before he or she was injured. You may have the right to recover money for damages such as pain and suffering, temporary and permanent disability, reasonable expenses for medical and hospital care, future expenses for medical care or rehabilitation, loss of income, and damages to property. Be sure to document all your injuries.
Your Insurance Company
You must promptly report the accident to your company. Failure to do so could result in a loss of coverage. It is prudent to talk to your attorney first. Remember their interest may not be the same as yours. When an accident happens, they are a business, and you are an expense.
Any other Insurance Company
The biggest mistake people make is talking to the other insurance company. Trained adjustors or attorneys always represent insurance companies. Remember your interest is not their interest. You are their expense. They want to get out of a claim as quickly and as cheaply as possible, no matter what the consequences are to you. Protect yourself. Do not give them a statement, particularly a recorded statement. Do not sign anything for them. You are not required to talk to the other insurance company.
Cravens & Noll handles all types of accidents. For the individual attention you deserve and a full explanation of your rights, call Cravens & Noll for a free consultation.
May 2, 2017
Virginia Warrants in Debt, Garnishment
Civil Judgments in Virginia: Winning Half of the Battle
In Virginia, Warrants in Debt are used to attempt to recover money that is owed. A Warrant in Debt is filed in General District Court, and must not request more than $25,000.00 in damages. If you have a valid, enforceable contract with a debtor, and the debtor fails to pay you in a timely fashion, then you can sue that person/business for monetary damages. Filing a warrant-in debt is the first step in the process of being paid.
Most plaintiffs do not realize that getting a judgment against the debtor is only one part of the equation before being paid. A judgment is a piece of paper, signed by the judge, which states that the debtor owes you money.
There are ways to get money from a debtor, including garnishment and liens. However, to garnish a debtor’s wages from employment, the creditor (person to whom money is owed) must know where the debtor works. Once a debtor’s wages start being garnished, some debtors will decide to work somewhere else, hoping that the garnishment does not follow them to their next employment. When a debtor changes employment, the creditor must again try to find out where the debtor is employed if he wants to continue garnishing the debtor’s wages.
As evidenced by the previous paragraph, there is a lot more to recovering money than simply getting a judgment against a debtor. There’s a colloquialism that “you can’t squeeze blood out of a turnip.” It means that a person cannot get something from nothing. If the debtor does not have a job, or property, or other financial resources, then a judgment might be all that you get. Part of deciding to sue someone for money is contemplating how you will get that money.
March 21, 2017
10 Things You Need to Do After a Car Accident in Virginia
Over 125,000 car accidents occur each year in Virginia. Fortunately, most of them involve only property damage – damage to the vehicle as opposed to the occupants. But one in three accidents involve personal injury (link) to the driver or passengers and out of that number, two out of every ten accidents lead to fatal injuries.
If you are involved in an automobile accident in Virginia, there are certain things you can do to protect yourself and your interests. The following is a list of the top ten things you should do if you are in an automobile accident:
1. STOP. Never drive away from the scene of an accident, even a minor one.
2. PROTECT THE SCENE. You can prevent further accidents by setting up flares, or keeping your flashers on. If it is dark and your lights don’t work, you should have a flashlight to keep you safe while you wait in your disabled car or by the side of the road.
3. CALL THE POLICE. Even if there are no serious injuries, it is a good idea to call the police. You may need a police report to file a claim with your insurance company, even if it is just to make a claim for damage to your vehicle. The vehicles involved in the accident should remain where they are, unless they interfere with traffic.
4. MAKE AN ACCURATE RECORD. When the police arrive, make sure you tell the investigating officer(s) exactly what happened, to the best of your ability. If you do not know certain facts, tell that to the officer. Do not speculate, guess or misstate any of the facts. If you are asked if you are injured and you are not sure, say you are not sure, rather than no. Often, the pain and injuries from motor vehicle accidents become apparent hours after the actual collision. You should also make sure statements made by other persons involved in the accident are accurate as well.
5. TAKE PICTURES. If you happen to have a camera in your vehicle, or a cell phone equipped with a camera, you should take pictures of the vehicles if there is visible damage. If you have visible injuries, you should photograph them as well. However, you should in no way interfere with the on-going police investigation. If you cannot take pictures at the scene of the accident, take them as soon as possible after the accident.
6. EXCHANGE INFORMATION. Typically, the investigating police officer obtains this information. However, if the police do not respond to the accident, you should obtain the name, address and telephone number of all persons involved in the accident, drivers and passengers alike. You should also obtain information about insurance by asking to see the insurance card for all vehicles involved in the accident. If there are witnesses, you should get information from them as well so that you or your attorney can contact them in the future. If police respond to the accident, the investigating officer usually will provide all drivers with a police report number. You can use that number later to obtain the police report. If the accident occurs on a state highway, you must request the report from the state police.
7. REPORT THE ACCIDENT. Notify your insurance company as soon as possible. Many policies require immediate reporting and full cooperation. Find out if you have medical benefits as part of your insurance coverage. You pay extra for that type of coverage – known as “medpay” – so you should use it. In fact, if you have medpay coverage, you are required to submit your accident-related medical bills to your insurance company. Medpay coverage is primary for accident-related medical bills. Once medpay benefits are exhausted, private health insurance becomes your primary insurer. Medpay benefits are available to all the occupants of the vehicle. Your insurance rates should not increase as a result of submitting claims for medpay coverage.
8. SEEK MEDICAL ATTENTION. Often, injuries caused by motor vehicle accidents are not immediately apparent. Most of our clients report feeling the most pain a day or two following an automobile accident. Unless you are absolutely certain you were not injured, you should seek medical attention at your local emergency room or by seeing your family physician. Even in accidents involving minor impact, you can sustain a serious and permanent injury to your spinal cord. If you lost consciousness or were dazed for even a short period of time following the collision, you may have suffered a concussion or closed head injury. This can cause cognitive and behavioral changes if left untreated.
9. KEEP A FILE. Keep all your accident-related documents and information together. This information should include a claim number, the claim’s adjuster who is handling the claim, names and phone numbers of all contacts, receipts for a rental car and other expenses incurred as a result of the accident.
10. PROTECT YOUR RIGHTS. Perhaps the most important thing you should do after an accident is to consult your attorney. Your attorney can protect your rights and make sure valuable evidence is not destroyed. Often, insurance companies want to take statements immediately after an accident. It is important that you have received legal advice before providing such a statement. Your attorney can advise you on issues ranging from how to make sure you are fully compensated for your vehicle to how to make sure you are getting the best medical treatment available. Personal injury attorneys work on a contingency fee basis, which means there is no legal fee unless the attorney recovers compensation for your injuries.
September 28, 2016
Current Virginia Marijuana Laws
Cravens & Noll PC has received a number of inquiries lately about Virginia marijuana laws. While marijuana laws in Virginia are changing swiftly, the commonwealth still does not recognize medical marijuana. Simple possession of less than two ounces of cannabis can result in up to 30 days in jail and/or a $500 fine. Presently, the penalty for the sale of five pounds (or more) is five to 30 years in state prison.
Code Section 54.1-3445, 18.2-247
Possession Misdemeanor, jail up to 30 days and/or $500; Subsequent offense: Class 1 misdemeanor
Federal Marijuana Laws
This is where the law gets interesting. We have some states have legalizing recreational and medical use of marijuana, but it is still illegal under federal laws. Federal laws prohibit possession of any amount of marijuana. A first conviction is punishable by up to one year in jail and a $1,000 fine. A second possession offense carries a minimum 15 day incarceration, with a maximum of two years in jail and a maximum $2,500 fine. A third and subsequent offense has a minimum jail time of 90 days with a maximum of three years and $5,000 fine.
Sale and cultivation of marijuana carry even higher fines and punishment under federal law. First offenses can put someone in jail for five years, and large amounts can put someone in jail for life, with a one million dollar fine.
Virginia Marijuana Possession Laws
Possession of any amount of marijuana in Virginia is a misdemeanor. Jail time for a first possession offense can be up to 30 days, and comes with a maximum $500 fine. Any subsequent offenses are Class 1 misdemeanors.
Selling Marijuana in Virginia
Selling marijuana in Virginia is considered a worse crime because it enables others to break the law as well. Sale of up to half an ounce marijuana in Virginia is an automatic Class 1 misdemeanor. Sale of up to 5lbs of marijuana is Class 5 felony. Anything sale over 5lbs comes with a 5-30 year jail sentence. Selling within 1000 yards of a school to a minor comes with much harsher penalties
However, giving someone marijuana is not as serious of an offense as selling marijuana. In Virginia, if the defendant can prove that they gave the alleged purchaser the marijuana for free, the defendant is only guilty of a Class 1 misdemeanor.
Looking Forward
SB 701 Cannabidiol oil and THC-A oil; permitting of pharmaceutical processors to manufacture and provide.
Introduced by: David W. Marsden | all patrons … notes | add to my profiles
SB 701 Concerns cannabidiol oil and THC-A oil; it permits pharmaceutical processors to manufacture and provide. Additionally it authorizes a pharmaceutical processor, after obtaining a permit from the Board of Pharmacy (the Board) and under the supervision of a licensed pharmacist, to manufacture and provide cannabidiol oil and THC-A oil to be used for the treatment of intractable epilepsy. Should bill should pass and not be vetoed in 2017 session.
If you would like to know more about Virginia marijuana laws, and how they intersect with federal laws, feel free to contact Cravens & Noll for a free consultation.