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
Authorities Tout Record Methamphetamine Seizure
Local police officials claim that the 150-plus pounds of meth they seized at a traffic stop is the largest single seizure of that drug in Virginia law enforcement history. A public information officer for the department said in early November, officers with VBPD and officials with the Homeland Security Investigations “approached” a 54-year-old man… Read More »
Should I Hire a DUI Lawyer or Go with a Public Defender?
Regardless of the answer to this question, you need a DUI lawyer if you’re facing these charges. The total cost of a first-time DUI conviction usually exceeds $10,000. If you’re like us and you don’t have $10,000 to throw around, minimizing or eliminating the direct and indirect consequences of a DUI conviction is absolutely… Read More »
If Drugs Were in the Car, Am I Guilty of Possession?
Not necessarily. Close proximity is the major element in a Section 18.2-250 or related matter. However, it’s only one of three elements of possession. The other two are outlined below. The state must establish all three elements beyond any reasonable doubt. So, essentially, prosecutors must present an overwhelming amount of evidence on each point…. Read More »
What Happens After I Plead Guilty to a DUI?
After they plead guilty to a DUI, especially first-time DUI, most defendants receive probation. In Virginia, probation is loaded with conditions. Most drivers cannot travel more than three or four miles without breaking at least one traffic law, and most probationers cannot serve more than three or four months of their terms without violating… Read More »
Biden Issues 11th Hour Commutations
A 53-year-old Virginia man was among the thousands of people who received executive pardons or commutations, many of which former President Biden issued during his last week in office. Following a commutation, he’ll be released July 16. He had been scheduled for release in 2040 prior to that for his conviction in a drug… Read More »
DUI Jail Release: What You Should Know
Mostly for civil liability purposes, almost all Loudoun County area law enforcement agencies have mandatory DUI arrest policies. If an officer has probable cause to believe a driver is DUI, lets the driver go, and that driver causes a crash, the city could be liable for civil damages. Therefore, most Northern Virginia jails are… Read More »
How Long Does a DUI Stay on Your Record in Virginia?
Except in the situations outlined below, a DUI stays on your record forever in Virginia. Some people falsely believe that a DUI conviction falls off a criminal record after ten years. That belief is only partially true. After ten years, prosecutors cannot use a prior DUI conviction to enhance current charges (e.g. charging the… Read More »
Affirmative Defenses in Battery Cases
Although the serious violent crime rate dipped in 2023, the overall violent crime rate inched up. Officials are determined to reverse this trend, so they aggressively enforce criminal battery laws. This approach starts with aggressive police enforcement. Police officers no longer respond to disturbance calls, allow the combatants to cool off, and release them…. Read More »
What Happens if You Run a Red Light with a Camera in Virginia?
Even as the state’s population expands, in many jurisdictions, law enforcement staff levels are at all-time lows. In fact, many jurisdictions barely have enough officers to respond to emergency situations. As a result, traffic enforcement has fallen off to practically nothing in many places. But when the cat’s away, the mice will play. Lack… Read More »
Non-Criminal Proceedings in Criminal Cases
We admit the title is confusing. But this post covers an important area of law. Criminal arrests often spawn civil proceedings. These civil proceedings often have direct and collateral consequences which are just as bad as a criminal conviction. Significantly, many Constitutional rights don’t apply in civil proceedings, so these matters are difficult to… Read More »
