Featured Posts
CTA Reporting Deadlines Paused Again Following Fifth Circuit Reversal
On December 26, 2024, the Fifth Circuit Court of Appeals reversed its December 23, 2024, decision and reinstated a temporary nationwide injunction halting enforcement of the Corporate Transparency Act (CTA). This decision follows a legal battle surrounding the CTA’s beneficial ownership information (BOI) reporting requirements, leaving business owners in a state of uncertainty. Background:… Read More »
**UPDATE** Increased Salary Threshold for Exempt Employees Blocked by Texas Court
By Robert Showers Esq. and Justin R. Coleman, Esq. On November 15, 2024, the United States District Court for the Eastern District of Texas overturned the US Department of Labor’s (DOL) rule to increase the salary threshold for exempt employees. As identified in our original article (https://www.simmsshowerslaw.com/salary-threshold-for-exempt-employees-to-increase/), the DOL increased the minimum annual salary… Read More »
Companies Now Required to Report Beneficial Owner Information to Federal Government
By Kyle D. Winey, Esq. and Melissa L. Ruby, Esq. In 2021, the U.S. Congress enacted the Corporate Transparency Act (“CTA”), a law which authorizes the collection of beneficial ownership information (“BOI”) of domestic and foreign corporations and limited liability companies. This law, purportedly enacted to counter money-laundering schemes and financial terrorism networks, creates… Read More »
Recent Posts
What are the Three Types of Possession?
The three types of possession are close proximity, exclusive possession, and actual knowledge. In court, the state must prove all three types of possession beyond any reasonable doubt in matters like illegal weapons, drug, and pornography possession. When they make illegal possession arrests, many officers only focus on the first type of possession. As… Read More »
What are Non-Standardized Tests?
Three DUI field sobriety tests, the walk-and-turn, one-leg stand, and horizontal gaze nystagmus tests, have the NHTSA stamp of approval as reliable indicators of alcohol and/or drug intoxication, at least for probable cause purposes (sufficient evidence to arrest the suspect). These tests, while theoretically reliable, aren’t always reliable for practical purposes. But that’s the… Read More »
What is the Penalty for Simple Assault in Virginia?
The penalty for simple assault in Virginia varies, depending on the circumstances of that assault. As outlined below, regardless of the circumstances, the direct and indirect consequences of a simple assault conviction are usually very burdensome. Virginia has one of the toughest simple assault laws in the country. The key is that the penalties… Read More »
VA Cops Hunt Sex Offender
On June 3, 2025, Fairfax County law enforcement officers released a picture of a man who, according to investigators, exposed himself on a hiking trail in August 2024. Officers responded around 6:34 p.m. on Aug. 20, 2024, for the report of sex offense in the 12800 block of Mount Royal Lane, according to a… Read More »
Illegal Seizures in Drug Cases: A Closer Look
One of the most important protections in the Bill of Rights is the Fourth Amendment’s prohibition of random searches and seizures. Unless police officers had a valid warrant prior to the search and seizure, and unless a narrow search warrant exception applied, drugs or other physical evidence is inadmissible in court. The same thing… Read More »
What is the Best Defense for DUI?
The best defense in a DUI is more important than ever. Fallout from pandemic lockdowns in 2020 triggered an upward trend in the number of alcohol-related fatal crashes in Virginia. Authorities are determined to reverse that trend. The over-aggressiveness often backfires. When officers make borderline arrests and prosecutors bring these matters to court, they’re… Read More »
What Happens After a DUI Crash?
Depending on the severity of the DUI crash, the state could file felony charges. Fines eventually get paid, probation terms eventually end, and other direct consequences fade away. But the indirect consequences of a criminal conviction, especially a DUI crash, may continue for years or decades. Additionally, these wrecks usually have consequences in civil… Read More »
Weapons Possession: A Brief Overview
In 2007, Virginia had some of the most permissive weapons possession laws in the country. Then, a deranged student at Virginia Tech shot and killed twenty-three people. Largely in response to this tragedy, lawmakers began cracking down on illegal gun possession. Today, in 2025, Virginia has some of the most restrictive weapons possession laws… Read More »
Drug Crime Enhancements in Virginia
Prosecutors in Northern Virginia are very aggressive. They usually bring the most serious charges the facts could possibly support. So, if there’s any possibility a drug crime enhancement may apply, the charging documents almost always reflect that possibility. Usually, prosecutors bring aggressive charges to trigger a shock and awe effect. This technique often works…. Read More »
What is Aggressive Driving in Virginia?
In a nutshell, an Article 7, Section 46 citation is basically a traffic ticket on steroids. Unlike a standard traffic ticket, an aggressive driving citation is a criminal matter. So, these citations have additional direct consequences, such as court supervision, and indirect consequences, such as a stain on a permanent record. Additionally, aggressive driving… Read More »
