It’s not easy to make the decision to file for Social Security Disability (SSD) benefits after a lifetime of working and providing for yourself – but you had no choice. Your condition has simply made it impossible for you to remain gainfully employed in any substantial way. Now that you’ve made that leap, however, you need to be careful you don’t sabotage yourself and destroy your own claim. While the Social Security Administration (SSA) tries to decide claims fairly, the reality is that the claims examiners are overworked and overwhelmed, so rushes to (poor) decisions do happen. Here are the ..read more

Virginia courts issue protective orders when there is substantial evidence, or threats, of violence between two parties. A protective order, as the name suggests, prohibits the aggressive party from coming into contact with the alleged victim, sometimes with a specific distance – for instance, the defendant may be directed to keep a 100-feet distance from the alleged victim for the duration of the protective order.  Having a protective order taken out against you is a big deal. Depending on the circumstances that led to its issuance, a violation can attract harsh penalties, including fine ..read more

Protective orders can enforce multiple restrictions on an abuser. A judge provides them to protect the welfare of the abused, their family and other household members. However, a petitioner must meet certain conditions to qualify for a protective order. Depending on the petitioner’s circumstances, they can apply for diverse types with varying features. There are three types of protective orders: Emergency: An abuse victim or law enforcement officer can request this order from a judge or magistrate when there is reason to believe that potential danger is present. It can remain valid for 72 hour ..read more

There are many scenarios and circumstances that can lead someone to face fraud charges. Many people might not even be aware of the risk of fraud charges until an investigation begins, or law enforcement issues a warrant for someone’s arrest. Some experts state that there are specific factors that can impact the chance of fraud occurring. We will look at these three factors, known as “the Fraud Triangle.” A look at The Fraud Triangle In the 1970s, Dr. Donald Cressey developed the Fraud Triangle to explain the reasons why fraud occurs. According to this triangle, there are three main factors tha ..read more

Drug crime convictions are associated with major consequences, ranging from jail time or probation to significant fines. Numerous details about someone’s arrest for a drug offense will influence what charges they’ll face and what penalties they’ll risk in the event of a conviction. The amount of drugs involved, their placement on the controlled substances schedule and many other seemingly minor details could aggravate the possession charges that someone faces as well. Occasionally, prosecutors will charge someone not with simple possession but rather possession with intent to distribute. How d ..read more

In your home, you have an expectation of privacy. This is why the police are not generally allowed to enter your home without a warrant or your consent, at least in a situation that is not deemed to be an emergency. As a general rule, your home should remain private, and you have a right to tell officers they cannot enter unless exceptional circumstances apply to the situation in question. But what about your trash? Say that the police believe that you have thrown away items that may help them get a warrant or that may be used as evidence in a case against you. You expect the items in your hom ..read more

Virginia takes drug-related charges seriously. The state has stringent laws for illegal activities related to drug procurement, such as prescription forgery or fraud. In the Virginia Code § 18.2-258.1, the act of forging drug prescriptions for controlled substances and marijuana can result in a class 6 felony charge. The same goes for the following: Using or trying to use a fake drug prescription Using someone else’s identity to acquire drugs Faking labels Theft of drugs and prescriptions from employers Giving physicians fake symptoms and other information to get prescriptions These offenses c ..read more

Embezzlement is a serious charge that can be a misdemeanor or felony, depending on its extent and the amount stolen. If proven, it can lead to larceny charges. Extreme instances can result in multiple fines and considerable jail time. However, the court decides what punishments are appropriate after reviewing the case’s details. Grand larceny and petit larceny Virginia defines embezzlement as stealing assets, resources or property entrusted by another party through an agreement or employment. However, the type of charges can vary based on the crime’s circumstances: Petit larceny happens in mis ..read more

When you are finally approved for SSDI (Social Security Disability Insurance) benefits, it can be a huge weight off your shoulders. However, if you are like many SSDI recipients, you may have some questions. A common question is if your benefits will increase if your condition worsens. The short answer is no. While this may be disappointing to hear, there are a few reasons this is the case. Disability benefits aren’t based on the severity of your disability When someone is approved for disability benefits, their earning history determines the amount they receive. SSDI does not factor in the se ..read more

You may have accepted a plea deal only to change your mind later on. It could be because you believe you got a raw deal or were unaware of the rights you waived after accepting the deal. In such a case, can you withdraw your guilty plea? Here is what you need to know. What the law in Virginia says Under Virginia law, you can withdraw a guilty plea if you have not been sentenced. However, you need to convince a judge to grant your motion to withdraw. Some of the reasons a judge may allow a defendant to withdraw a guilty plea include the following: They entered the plea by mistake or did not und ..read more