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Safeguarding Your Sanctuary – Asset Protection for Churches and Nonprofits

By Simms Showers LLP |

By H. Robert Showers, Esq. Introduction A church or nonprofit’s corporate structure is vital for both its long-term maintenance and day-to-day operations—but a single corporate structure no longer suffices to protect and provide all available advantages. The 21st century has seen an uptick in secular lawsuits that purposefully target churches and religious nonprofits. This,… Read More »

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A Lone Church at Dusk

The Power of Well-Drafted Church Bylaws

By Simms Showers LLP |

By H. Robert Showers, Esq. I. Introduction Fifty years ago, few people—especially churchgoers—would have dreamed of suing the church. However, the legal climate today has changed dramatically, and lawsuits against churches are increasingly common. Fortunately, every state except West Virginia now permits churches to incorporate.1 Incorporation is a powerful tool for churches and member… Read More »

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3 Legal Strategies to Decrease Your Liability

By Simms Showers LLP |

By Kyle Winey, Esq. I. The Need for Liability Limitation We live in a highly litigious culture. Businesses, nonprofits, and other organizations are increasingly exposed to legal liability. For example, businesses increasingly fear the vitriol of litigious patrons—and for good reason. That’s why all businesses, nonprofits, and churches should take significant measures to protect… Read More »

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GavelCuffs

Domestic Violence: Direct and Collateral Consequences

By Simms Showers LLP |

Frightening domestic violence statistics dominate the media. Here’s one statistic that’s frightening to defendants. Up to 35 percent of domestic violence claims are exaggerated or fabricated. Frequently, this exaggeration or fabrication is unintentional. We remember events selectively. Other times, the deception is intentional, mostly because the alleged victim wants an advantage in a parallel… Read More »

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Police Take Murder Suspect Charged in 1991 Into Custody

By Simms Showers LLP |

A man who illegally left the country and lived in El Salvador for three decades is back in court, facing allegations that he murdered his wife. At a press conference, Fairfax County Police officers said that the defendant was charged with a fatal stabbing in 1991 in West Falls Church. Police said the man,… Read More »

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DrugPossession

Bristol Police Break Up Drug Trafficking Network

By Simms Showers LLP |

Three people who were allegedly at the top of a meth distribution network are in police custody after officers executed search warrants at a local hotel. During the search, investigators reportedly found around 1.5 pounds of meth, two guns, and around $650 in cash. They now face multiple charges. Two suspects were taken to… Read More »

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QuestionMark

If I Took a Breathalyzer Test, Am I Automatically Guilty?

By Simms Showers LLP |

Of course not, although it might seem that way. The conviction rate in Breathalyzer cases is much higher than the conviction rate in non-test cases. Virginia, like most other states, has a per se DUI law. If the defendant’s BAC level was above the legal limit, the defendant was intoxicated as a matter of… Read More »

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Workplace Food Dispute Ends in Seventy-Year Prison Sentence

By Simms Showers LLP |

Nearly three years after a man brutally murdered a colleague who stole his lunch from the break room refrigerator, the judge closed the book on a chilling case. In April 2021, a 58-year-old man took the defendant’s lunch from the office fridge at the Virginia Target they both worked at. The next day, the… Read More »

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TrafficTicket

Fighting a Traffic Ticket in Loudoun County

By Simms Showers LLP |

In the old days, fighting a traffic ticket in Loudoun County was easy. Usually, a municipal court wasn’t a court of record. So, defendants could automatically appeal the verdict. Then, at the appeal hearing, the arresting officer often didn’t appear, so the judge dismissed the case. The environment is different now. Most municipal courts… Read More »

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CrimJustice

Building a Successful Defense in an Assault Case

By Simms Showers LLP |

Ultimately, a successful defense in an assault or any other case must create a reasonable doubt as to the evidence. A criminal case doesn’t decide if the defendant “did it” or not. Rather, the outcome of a criminal case hinges on what the state can prove. The less evidence prosecutors have, and the stronger… Read More »

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Cops Offer Cash Reward for Suspect’s Capture

By Simms Showers LLP |

Investigators are looking for a man wanted in connection with a November 2023 shooting, and they’re offering $5,000 for information that leads to his arrest and conviction. Officers say a 26-year-old Big Stone Gap man was shot and killed around 8:40 p.m. on November 14 in the 3700 block of Wharf Lane. The primary… Read More »

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CrimLaw10

Defending Aggravated Assault Charges in Loudoun County: A Primer

By Simms Showers LLP |

The aggravated assault arrest rate bottomed out in 2014. Since then, it’s increased almost every year. Now, law enforcement investigators aggressively pursue cases that, ten years ago, they considered civil matters and dropped. An often over-aggressive investigation usually means additional procedural defenses when the case goes to court. More on that below. Fortunately, when… Read More »

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HateCrime

Lawmakers Mull Expanded Hate Crimes Law

By Simms Showers LLP |

Because of an increase in anti-Muslim and anti-Semetic incidents, Dan Helmer (D-Fairfax) wants to extend hate crimes law coverage to include ethnicity. Helmer’s bill would offer protection for Jewish people who may not identify with the religion, but whose heritage is connected to the culture. “My sons, like many other children, have faced antisemitism… Read More »

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