Domestic Violence Awareness Month: “Knowledge, a Defense”

October is a Domestic Violence Awareness month. You may have probably seen the statistics saying that a woman is being beaten or assaulted every nine seconds. Studies reported that there are about 95% of domestic violence committed by men and most of the time, the victims of such violence do not seek assistance for some reasons.

There are lots of causes for domestic violence including alcoholism, money, poverty, education and the list extends to infidelity and drug addiction. In most cases, it is no different from other criminal acts. If this happens to you, get a domestic violence attorney to fight for you and give you right advices on this situation.

Since the population is growing, the number of the abused individuals are growing as well in proportion to the above-mentioned percentage. In the past years, we have been covering  this case. The law enforcements have been treating the cases of domestic violence differently. When there is an incident in one house whether the couples are engaging with domestic dispute and there is a violence happened, the law enforcement will just note it down. But it is better that nowadays, there are more arrest and  jail sentence for the guilty parties.

As lots and lots of people are now aware of the domestic violence, the seriousness of its nature and the cases of assaults and battery on women, the number of victims are now utterly declining. That is why, we celebrate Domestic Violence Awareness in October of each year to scatter the word out.

If you suffered domestic violence of any nature, may it be physical or emotional, you can seek help from Domestic violence attorney. To be aware of domestic violence, if it's already occurred to you or not yet, you must first learn some of the signs. Determine your abuser's red flags or the culprit that cause them to demonstrate extreme anger and violence. If you are getting isolated because of the bruises and a “black-eye,” that is the big red-flag. If your husband or your abuser get angry when you talked to your friends about your issues, try to get another partner or file a divorce against him.

When your partner intimidate you or talking propane against you, that is another sign of a red-flag. Hurting words might not harm you physically, but it is your ego and emotion is hurting very badly. Emotional abuse is very difficult to determine as a type of domestic violence until it is already too late. When you experience an assault or battery, it is important to report this incident to the police. If you don't report it, the authorities can't help you to get it done. Instead, you allow your abuser to get another opportunity to do the abuse on you all over again.

Moreover, when domestic violence has occurred on you, it is also crucial that you know how to defend yourself. Start with a basic self-defense and learn few tactics in using some objects as a defense, or move to  a new home. Hiring a domestic violence attorney will be very helpful. Don't let this type of situation go and disappear before your very eyes. Save your life and future through asking some help.

About the Author

Attorney Soldan deals with a wide array of criminal and civil situations in the northern Virginia region. He litigates in local courts which includes cities of Fredericksburg, Alexandria, Leesburg, Vienna, and Warrenton.

Aside from being a Virginia domestic violence lawyer, he also deals with vases involving DUI, Gun Charges, Robbery, Reckless Driving and Prostitution. For more information you can drop him a mail at info@criminallawyervirginia.net. Follow him on Twitter @vacrimattorney.

Common Forms of Domestic Violence: Know the “Exit”

Physical abuse is a kind of domestic violence that can be noticed immediately because of the physical bruises and scars shown in the body of the abused person. This is only the other type of abuse which you usually seen in spouses. The other types are yet to uncover because it goes down deeper to the bones that even the abused will not easily to recognize it. 

There are various forms of domestic abuses. You can learn it from an expert Virginia domestic violence lawyer when you seek advice from him. Or if you will not, the following are some of the common types of domestic violence.

• Physical Abuse

Choking, pushing and hitting are some of the actions that defines domestic abuse. Biting, scratching and pulling the hair of one spouse also count as physical abuse. However, blocking other person's way to prevent him from leaving the house or so is also counted as domestic violence. Moreover, locking a person outside so he cannot get inside, refusing to give a medication or driving in a reckless manner are all considered as abuse.

However in many cases, even there is no physical abuse that is inflicted into one person, domestic violence is still present. Like for example, when your husband or wife threatens to hurt you or use any weapon against you is already considered as physical abuse. The same will also apply to kicking and punching the walls or any thing within his reach inside the house or maybe outside, and destroying any property. If your husband also has hurt your pets, friends or relatives instead of you, you have already been physically abused.

• Emotional Abuse

This is the type of abuse that is very hard to distinguish or determine since there are no apparent evidences to determine whether the person was actually being abused or not; because even the abused cannot determine whether he or she is already been abused. Emotional abuse includes threats, threatening the other person or spouse for the sake of controlling and manipulating her. Even if your spouse would tell that you are “worthless” or “no one else would like you” is already considered as emotional abuse. It is really inevitable to have fights between spouses, throwing some hurtful words or comments during arguments. If the spouse do this regularly and always happen in cycles, you are already being abused emotionally.

If your husband or partner makes frequent threats or hurtful words against you like insults, criticisms, manipulates you, it is the best idea to seek advice from experienced Virginia domestic violence attorney so that you can successfully get out of this kind of situation.

• Sexual Abuse

People might think it is impossible to commit sexual abuse to the spouse since it is already expected to have sexual relationships with each other. However, marriage does not allow your spouse to have full control in having sexual engagements with you even if you say NO. Force sexual intercourse between spouses is already considered rape, and therefore a sexual abuse.

You may feel violated with sexual abuse even if your spouse touches you roughly or inappropriately while you are asleep or rapes you using objects. Consulting with a divorce lawyer is necessary to resolve this issue and will help you to  get out of the situation as soon as possible.

If you experienced these kind of violence enumerated above, feel free to seek expert advices from lawyers who specializes in domestic violence. Thomas Soldan Attorney at law is always ready to offer you help.

About the Author

Attorney Soldan deals with a wide array of criminal and civil situations in the northern Virginia region. He litigates in local courts which includes cities of Fredericksburg, Alexandria, Leesburg, Vienna, and Warrenton.

Aside from being a Virginia domestic violence attorney, he also deals with vases involving DUI, Gun Charges, Robbery, Reckless Driving and Prostitution. For more information you can drop him a mail at info@criminallawyervirginia.net. Follow him on Twitter @vacrimattorney.

Moving Violation Misdemeanor: On the Issues About Reckless Driving

Being caught with a traffic violation is no exception. When you are charged with a misdemeanor, like a traffic violation, over-speeding, reckless driving, illegal parking or even driving under the influence, you will need the expertise of the Virginia traffic lawyer to help you defend your rights.

If you received a traffic ticket and you do not know when you violated it, take time to listen, understand your situation and act at your best. Traffic lawyers have the expertise and integrity you need to fight your charges in the court. If you have been chasing by the red flashing lights, please do not step on the accelerator. Instead, pull over. When the cop goes to your window, roll it down and smile. Most drivers were ticketed because they became irate and argue to the cop why they have been pulled over. Instead of making the cop upset, you can talk to him nicely and ask what is the reason why you were stopped. Or if you both can talk it over and if you can prevent him from giving you a ticket, then that would be nice. 

When the deputy said you are really speeding too fast, ask if he has the record of your speed for the over-speeding charges like the speed radar. Speed radars can determine your speed if it is already over the speeding limit or not. And with the radar, you can determine also whether the cop is telling the truth or not. 

Over-speeding and Reckless Driving

Many motorists have been ignoring the possible dangers over-speeding may cause to their lives and to the lives of others. Vehicular accidents cause by reckless driving and over-speeding have been the leading causes of deaths in the United States. Speed limits are being implemented in the highways and whoever violates it, may go to court for interrogation. Speeding too fast or slowing down so abruptly can lead to huge collision, for other drivers may miscalculate their speed and may end up to road accidents, both is regarded as the same offense infront of the court.

Over-speeding and reckless driving claimed most of the lives of the people on the road. To mitigate this kind of problem, the commonwealth of Virginia, the same as the other states, strictly imposes the laws on over-speeding and reckless driving. There are several traffic offenses  that will be considered as reckless driving namely; excessive speed for over 20mph or above the posted limit, failure to follow traffic signals, failure to yield a way to emergency vehicles, racing, driving aggressively, passing a vehicle at the curve and passing the stopped school bus. 

Reckless driving is a difficult case to understand because of the following reasons. The rules change drastically from state to state, and the state of Virginia imply the laws strictly within the nation for this violation. If you are from the other state, or if you are just passing Virginia and you are speeding too fast, you will get slap by this violation that could affect your entire life seriously. 

If yo have questions as to why you are charged by this moving violation, or other specific laws that you're said to be violating, Virginia traffic lawyers can help you answer your questions.

Fighting A Shoplifting Charge in Virginia

Shoplifting is a very common crime now a days. As a Criminal lawyer, these situations are bothering if not alarming. If you're charged of shoplifting, it is a common dilemma that people would think that you are  hungry either for your basic needs or just driven by your capriciousness towards the gratification of your material desires.  But you know what, you are innocent under the law until, otherwise, proven guilty beyond reasonable by the prosecution; hence, it's not your burden to prove your innocence, it's only your duty to counter the allegations through wise presentation of evidences by your counsel and intelligible statements, not self-incriminatory claims from you in the course of trial. However, clever as it may be, but beware of tagging your unlawful act as “kleptomania” when you have no psychological record to support such alibi. The best and legal thing you can just do then is to remain silent after someone had already became loquacious shouting for help to chase and arrest you. 

At that critical moment, you are really insane if you laugh, but you're so unprofessional if you cry and let the strong impulse of nervousness condemn your own self; just stay on the same ground and relax; anyway, in criminal cases in almost all democratic states, a doubt is always in favor of the accused.  Thus, if there is doubt as to your guilt in the commission of the crime, your liberty can be rightfully upheld. Nevertheless,  if, in yourself, you know that you really are guilty, then better for you after the arrest to prepare yourself with the following consequences:

• Shoplifting or stealing of items worth more than  $200 (considered as felony) has a maximum sentence of imprisonment for 20 years;
•  If the items worth less than $200 (considered as misdemeanor), it has a  maximum sentence of  1 year incarceration. It is to be noted here that two misdemeanor offenses are tantamount to one offense which has the penalty given above.

Nonetheless, these penalties are based on the different classes of shoplifting or larceny in another term under which the degree of the crime and amount of stolen property are specified. They include (1) Grand Larceny with at least $200 or more value of property, (2) Petite Larceny with less than $200 (3) Receiving Stolen Property which can either be classified in the two preceding classes depending on the amount of the stolen goods or property, (4) Theft of Services, (5) Writing Bad Checks, and (6) Unauthorized Use of a Vehicle which are all dependent of the value of property.  

Now, say your case falls under one of the classes, how will you fight it and defend yourself from possible conviction of incarceration for the highest penalty imposed, or extinguish any liability which you can possibly do?  Well, realistically, you cannot do it yourself, but a competent defense attorney can. The first concern in your case is to establish that you had no intent to steal the item, but was only accidental when you were so busy shopping or getting items from the store or any other place. This, however, should be supported by factual circumstances or eye witnesses because the court is not ignorant about what is truthful in illusory facts or planted evidences. But in the case where it is almost impossible to deny the charge because you are caught in the act, the only best recourse for defense is for the lawyer to convincingly, not speciously, claim that the stolen items are below $200 so as to lessen your penalty. If that is successfully proven by your counsel and accepted by the judge, then you have greater chance of availing the state alternative programs such as restitution of the items to the victims and community service in exchange of incarceration penalty provided, however, that you, as an accused, would plea guilty.

Reasons for Suspension of Driver's License in Virginia

Every driver has the right to drive, but this does not mean a privilege to violate what the law requires for the safe motoring or travel of every citizen. Hence, when a motorist invoke it as a basic right without first discerning the rules covering such conduct, then he is ultimately arresting his own self for being oblivious of the fact that without legal recognition of the statute, driving remains only as a skill but not a right to freely drive any motor vehicle in Virginia. In simple term, a driver should always have a license whenever he desires to traverse the right path without any hassle or liability.

Nevertheless, the case is opposite to what is commonly perceived and done by the drivers who consistently violate traffic laws causing their licenses to be suspended. It thus ends up to the cancellation of the driving privilege for a certain period of time depending on the violation history of the offender. Yet, this also a great disadvantage for one's work or business especially in traveling, or for someone who is used in going to far places with family or friends.

On the contrary, what is worst is that some drivers are unaware of the grounds for the suspension of their license not until they are caught in committing an illicit act. For instance, there are uncommon traffic violation which a driver does not know, and, because of such, he continues doing it over and over again up to the point that he is already facing liability because of the ignorance of law. Thus, unfortunately, being ignorant of essential rules and regulations is not and can never be an excuse to any punishment imposed by law. For this reason, it is always favorable for you, being a driver, to note the following some causes that may possibly lead to the suspension of your license in Virginia:

Driving Under the Influence – this is the common offense committed by drivers that causes driver's license suspension. It is usually determined through the alcohol level of the suspected driver or the movement of his vehicle while travelling on the way. It is to be noted, however, that the length of time of suspension is not fixed for it depends on the circumstances of the case such as the number of time it was committed and/or the degree of violation which might have resulted to injury or death.

Excessive Traffic Violations – there is a point system which is being followed by the authorities in Virginia. This system, specifically, records the violations that a driver has committed. Hence, if you accumulate certain point limits, there are corresponding alternatives which are provided for you to take; otherwise, if you don't follow what is being suggested, your license will be suspended. Nonetheless, if you have already gone the process of restoring your driving privilege, you will still be subjected for six months of probation. 

Providing False Data – when you provide untruthful data when you apply for driving license  in Virginia, or use other driver's license, or allow someone to use your own license, then it would certainly lead to  a 90 day suspension of your license. And worst is, if you take  a license examination for another driver for the renewal of his license, your license will be suspended for ten years.

There are other legal grounds for the suspension of driver's license which you must be aware of before driving within the teritory of Virginia; otherwise, you'll get surprised losing your means of enjoyment and facing liabilities which can be a great burden to the things which you dearly protect.