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Author Archives: Jay Butchko

BreachOfContract3

When an Oral Business Agreement Can Become Enforceable

By Simms Showers LLP |

Business deals do not always begin with a carefully negotiated contract. Two owners may reach terms during a meeting, agree to a price over the phone, or authorize work after a series of conversations. The relationship can operate smoothly for months before one side disputes what was promised or argues that there was never… Read More »

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LeftTurn

Left-Turn Collisions and Disputed Right-of-Way in Virginia

By Simms Showers LLP |

A left-turn collision can happen in seconds. One driver begins crossing an intersection while another vehicle approaches from the opposite direction, and each person may leave the crash with a very different account of what happened. The turning driver may insist there was enough time to cross. The approaching driver may say the turn… Read More »

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MomDaughterTime

How Virginia Courts Apply the Best Interests of the Child Factors

By Simms Showers LLP |

Child custody disputes can become intensely personal because parents are being asked to place their family life before a judge who does not know their children the way they do. Virginia courts approach that responsibility through a defined legal standard: the best interests of the child. The focus is on the child’s needs, relationships,… Read More »

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DivDivide

Divorce for Business Owners When the Company Is a Marital Asset

By Simms Showers LLP |

A closely held business can become one of the most difficult assets to address in a Virginia divorce. The company may represent years of work, the owner’s primary source of income, and a substantial portion of the family’s wealth. Unlike a bank account or investment portfolio, however, a business cannot always be divided without… Read More »

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DUI_3

Blood Tests After a Virginia DUI Arrest and How the Results Can Be Challenged

By Simms Showers LLP |

A blood test can become one of the most important pieces of evidence in a Virginia DUI prosecution. Unlike a roadside observation or field sobriety exercise, a laboratory report gives the prosecution a number that can appear precise and difficult to dispute. Blood testing is also frequently used when police suspect drug impairment, when… Read More »

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Fentanyl

Fentanyl Cases and the Increased Stakes of Virginia Drug Prosecutions

By Simms Showers LLP |

Fentanyl cases carry a different level of urgency from many other drug prosecutions. The substance is exceptionally potent, frequently appears in counterfeit pills or mixtures with other drugs, and has become a major focus of law enforcement. A relatively small amount can lead to a felony prosecution, while allegations involving distribution can expose someone… Read More »

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Crim_Handcuffs

When Drug Quantity Becomes Evidence of Intent to Distribute in Virginia

By Simms Showers LLP |

Being found with an illegal drug can lead to a serious criminal charge in Virginia. The situation changes considerably when police and prosecutors believe the amount involved points to something beyond personal use. A possession case can become a possession-with-intent-to-distribute prosecution, exposing the accused to much more severe penalties. That distinction often turns on… Read More »

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Police Car

When Police Can Search a Vehicle Without a Warrant in Virginia

By Simms Showers LLP |

A traffic stop can change quickly. What begins with a question about speeding, a broken taillight, or another traffic violation can end with an officer asking everyone to step out of the vehicle and beginning a search. For the driver, the sudden shift can make it difficult to know whether the search is lawful… Read More »

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MomDaughterTime

How To Start the Co-Parenting Year Off Right

By Simms Showers LLP |

Co-parenting looks nothing like it did a generation ago. Where courts once awarded mothers near-automatic custody, Virginia law now expects both parents to share meaningfully in raising their children — and expects them to do it well. Two generations ago, courts applied the “tender years doctrine” in most cases, and mothers almost always received… Read More »

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PoliceLights

When Can I Be Pulled Over for DUI?

By Simms Showers LLP |

Warmer weather usually means more DUIs. The three major summer holidays (Memorial Day, Independence Day, and Labor Day) are all closely associated with drinking and driving. In between these holidays, alcohol often flows at summer parties. Fortunately, police officers cannot rely on the thermometer and their own “gut feelings” when they pull people over… Read More »

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