Questions Answered by Steve Miyares

Q: U felony 18 2 95 is that a serious charge also a you felony 18.2 108.0 1 and a larceny 6

1 Answer | Asked in Criminal Law for Virginia on
Answered on Jul 15, 2018
Steve Miyares' answer
Anytime you are facing a felony chage like these, it is a serious matter. You should speak to an experienced criminal defense attorney in the local jurisdoction where the charges are pending.

Q: If a spouse is not on a deed or mortgage and they get divorced in VA , does the spouse have any rights to home equity?

3 Answers | Asked in Family Law, Divorce and Real Estate Law for Virginia on
Answered on Jun 10, 2018
Steve Miyares' answer
It would have been separate property going into the marriage. But aftergetting married, if the marital assets or the othersousr were used to pay for it, then it could have become arital property in full or in part. To keep it separate property, it should have been paid for and maintained with non-marital assets. You be preparedwith a detailed accounting of how it was paid for andany improvements made during the marriage then meet with an attorney to discuss the specifics of your situation....

Q: Can I get just probation for my first simple possession of meth charge in Tennessee?

1 Answer | Asked in Criminal Law for Virginia on
Answered on Jun 3, 2018
Steve Miyares' answer
You need to ask a lawyer licensed in Tennessee

Q: what happens if a parent isn't following a visitation order to see his children?

1 Answer | Asked in Family Law and Child Custody for Virginia on
Answered on May 25, 2018
Steve Miyares' answer
The court has no power to force a noncustodial parent to exercise visitation. When the court orders visitation, it is ensuring that the noncustodial parent is not denied an opportunity to spend time with their children. If the parent chooses to jot take that opportunity and chooses to not see their children, the court can’t force them to visit.

Q: Hi there, I live in Marion VA. I have a daughter that is 15 years old. Can she have say so in visitation?

1 Answer | Asked in Family Law and Child Custody for Virginia on
Answered on May 25, 2018
Steve Miyares' answer
One of the statutory factors a Virginia court must consider in visitation orders is the preference of the child in light of the child’s age and maturity level. Therefore, the court would not have put much weight on the preference of a 6 year old child, the court would give more consideration to the preference of a 15 year old child along with all the other factors the court must consider.

You should consult with a family law attorney to discuss the specifics of your case and to...

Q: If you are below .08 can you still get arrested for drunk driving?

3 Answers | Asked in DUI / DWI for Virginia on
Answered on May 25, 2018
Steve Miyares' answer
Yes. The issue is whether or not you were impaired by driving. A BAC of .08 creates the presumption that you were impaired. However other evidence, such as your performance on field sobriety tests or statements regarding your consumption of alcohol, can be used to establish that your driving was impaired.

Q: I am trying to find out if I someone can sue me after I sold them a car?

1 Answer | Asked in Contracts for Virginia on
Answered on May 23, 2018
Steve Miyares' answer
Who has title to the car? That person is the owner and is the one with authority to sell it. If you are not the legal owner if the vehicle, then you did not have legal authority to sell it. You should consult privately with an attorney to review all the facts and circumstances of your situation and advise you on the best course if action for you.

Q: If you are ticketed for 100 mph at interstate 64 in but you know you were not going 100 what defense do i have.

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on May 21, 2018
Steve Miyares' answer
I recommend you hire an expereince traffic/criminal defense attorney. You are facing a reckless driving charge based on excessive speed (anything 20+ moh over the limit is reckless driving. This charge carries a potential punishment of up to 12 months in jail and a fine of up to $2500. If a judge finds you guilty of the offense, I would predict there is a strong possibility of some active jail time based on the excessive speed. You should hire a good attorney to present any defenses you...

Q: how long does alimony have to be paid

2 Answers | Asked in Divorce for Virginia on
Answered on May 21, 2018
Steve Miyares' answer
It depends on the terms of any separation agreement you entered and/or the court’s order. If your agreement doesn’t specify an end date or other terminating condition, then it would likely be indefinite. Under Virginia law, generally spousal support would terminate upon 1) remarriage or cohabitation by the party recieving the spoisal support 2)or the death of the parties. However, the terms of the separation agreement can still require spousal support be paid even if the other party...

Q: Can I take someone to court in the state in which I live, even though the wrong was done to my property in another one?

1 Answer | Asked in Small Claims for Virginia on
Answered on May 18, 2018
Steve Miyares' answer
Virginia does not have jurisdiction over an issue in Louisiana. But before you try anything else, you should check with the prosecutor in Louisiana who handled the criminal prosecution of this case. I am not licensed in Louisiana to know the answer, but it is possible that as part of his sentence on the criminal case, he might have been irdered to pay you reatituion. The Louisiana prosecutor should be able to give you that information. Good luck

Q: Husband moved joint owned both pay mtg do I have to reimburse his half he didnt live in it

3 Answers | Asked in Civil Litigation, Divorce and Real Estate Law for Virginia on
Answered on May 18, 2018
Steve Miyares' answer
You should consult with a divorce attorney. There are too many potential issues involved dealing with the resolution of this or any other marital property in the equitible distribution.

Q: I was convicted of a property crime (breaking & entering/larceny) in 1980 or 81.

1 Answer | Asked in Criminal Law and Civil Rights for Virginia on
Answered on May 15, 2018
Steve Miyares' answer
If your other rights were previously restored by the governor, then you may petition the Circuit Court in your jurisdiction for restoration of your firearm rights. I have handled several of these cases since Governor McAulliff reatored rights to many convicted felons a few years ago. You should consult with an attorney to answer questions and pursue restoration ootions about your particular situation. Good luck

Q: I'm moving to Canada and I have no court order to even have visitation of my son how do I make it so he can visit me?

1 Answer | Asked in Family Law and Child Custody for Virginia on
Answered on May 15, 2018
Steve Miyares' answer
Moving to Canad is a significant chamge in circumstances since the Court last made a custody decision 5 years ago. Based on the chang in circumstances, you can petitin the court to modify the visitation schedule from the prior order. You should consult with an attorney to help you pursue the best optins in your particular situation.

Q: Do you need a separation agreement to get divorced with in 6 months if both parties agree to the divorce?

1 Answer | Asked in Divorce for Virginia on
Answered on May 15, 2018
Steve Miyares' answer
You do not have to have a separation agreement. However, unless you are getting a divorce based on one of the fault based grounds specificed in the Code of Virginia, your divorce would be based on having been separated for a legally defined period of time. If there are no children in the marriage, the parties must be separated at least 6 months. The parties must be separated at least 12 months if there are minor children in the marriage.

You should consult with an experienced...

Q: How can I (the mother) get sole legal custody of my daughter?

1 Answer | Asked in Child Custody for Virginia on
Answered on May 15, 2018
Steve Miyares' answer
You can petition the Jivenile and Domestic Relations Court to award full custody to you. The JDR court would also be wheee you petition for an order of child support from the father.

Q: How can I drop domestic charges

2 Answers | Asked in Domestic Violence for Virginia on
Answered on May 12, 2018
Steve Miyares' answer
You can’t drol the case. That decision os in the control of the Commonwealth’s Attorney. You can tell the prosecutor that you want to drop the charge and not testify, and the prosecutor might agree. But the final decision of whether or not to drop the case is going to be up to the prosecutor

Q: My husband walked out on my son & I over a week ago. If he files for the divorce first, will he be able to take my son?

2 Answers | Asked in Child Custody for Virginia on
Answered on May 9, 2018
Steve Miyares' answer
The timing of who files for divorce is not a comsideration in child custody matters. The court will decide issues of child custody and visitation based on the best intrests of the child. The Code of Virginia defines a number if factors to be considered when a judge decides on the best interests of the child, but when a person files is not one if those factors considered.

Q: Felony DUI Court Case

3 Answers | Asked in DUI / DWI for Virginia on
Answered on May 9, 2018
Steve Miyares' answer
This is not a general wuestion, but one about the specifics of your case. You need to speak with your attorney about this to get the answer for your particular situation.

Q: My ex moved out of state,and is dodging being served s cerfitied notice for not making spousal sup.paymts.what can I d

2 Answers | Asked in Divorce for Virginia on
Answered on May 8, 2018
Steve Miyares' answer
You should explore the option of obtainng service by publication under section 8.01-316 of the code of Virginia. I would recommend privately consulting with an attorney to further discuss the specific facts and circumstances of your situation. Good luck.

Q: Can a felon have his conviction removed or dismissed from his records without the crime being dismissed in SC.

2 Answers | Asked in Criminal Law and Federal Crimes for Virginia on
Answered on May 7, 2018
Steve Miyares' answer
Under Virginia law, a Virginia felony conviction cold not be removed or dismissed. For a conviction from another state, Virginia would not have jurisdiction or authority to dismiss a conviction from that state. If you are seeking to remove a conviction from South Carolina or any other state, you would need to deal with that issue in that state. In your case, you should consult with an attorney licensed in South Carolina to see what options might be available to you under South Carolina law.

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