Featured Posts
The Power of Well-Drafted Church Bylaws
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 »
3 Legal Strategies to Decrease Your Liability
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 »
West Virginia’s Complicated Relationship with Church Incorporation
By H. Robert Showers, Esq. and Justin R. Coleman, Esq. West Virginia’s current Constitution prohibits the State from allowing any church under its authority to incorporate, making it the last state not to allow church incorporation. Article VI, Section 47 of the West Virginia Constitution explicitly states: “No charter of incorporation shall be granted… Read More »
Recent Posts
Defending Domestic Violence Matters In Court
Since the coronavirus pandemic hit American shores, the domestic violence rate, which was already high, has increased significantly. During lockdowns, many Americans developed some bad personal habits, and a propensity to domestic violence was one of them. Due to coronavirus shutdowns, many of these cases are just now winding their way through Loudon County… Read More »
Five Important Rights In Federal Court
Federal prosecutors are very aggressive, and they have almost unlimited resources to back up their aggressive attitudes. Usually, the only protection defendants have against powerful prosecutors are in the Bill of Rights. The first ten amendments to the U.S. Constitution include important rights for defendants in criminal court. These important rights could be the… Read More »
The Three Ps Of Drug Possession
Virginia declared war on drugs in the 1960s, and that war continues today. However, the battle ground has shifted to drug possession. Almost 90 percent of the drug-related arrests in Loudoun County are for simple possession. Police officers make lots of possession arrests mostly because they believe these cases are easy to prove in… Read More »
How To Hire A Leesburg DUI Lawyer
Mostly because Washington, D.C. is in the area, Northern Virginia has one of the highest number of lawyers per capita in the country. Almost all lawyers received some criminal law training in law school. So, almost all of these lawyers claim they can handle a DUI defense. In many cases, that’s true, at least… Read More »
Speeding And Reckless Driving In Virginia
Generally, speeding is an independent, and not terribly serious, traffic violation in Virginia. But in many cases, officers can charge speeders with reckless driving. That’s a far more serious offense which carries much more severe direct consequences, like more points on a drivers’ license, and indirect consequences, like higher insurance rates. In some cases,… Read More »
Henrico County Man Caught In Police Dragnet
A 42-year-old man, who had a prior felony on his record, will spend the next 110 months in a federal prison after he was convicted of serious drug crimes. According to court documents, the man rented an extended stay hotel room in Henrico County where he stored and prepared drugs for distribution. When police… Read More »
Virginia Drunk Driver Hits Teenage Pedestrian
A Virginia woman allegedly drove under the influence (DUI) and crashed into a teenage pedestrian, according to an article by WRIC. This incident occurred on Saturday, December 3 at approximately 6 a.m. That is when the Virginia woman allegedly hit a pedestrian with a passenger vehicle. First responders transported the teenage pedestrian to a… Read More »
Virginia Laws Against Distribution Of Imitation Controlled Substances
Virginia law features sweeping prohibitions against various drug crimes, also known as controlled substances. One of the most incredibly serious drug crimes in Virginia involves the distribution of Schedule I/II substances like heroin or cocaine. But Virginia laws against drug crimes do not stop there. Virginia also prohibits the distribution of substances that mimic,… Read More »
Sifting Through 5 Variations Of Reckless Driving In Virginia
Reckless driving is a criminal offense in Virginia that can result in Class 1 misdemeanor or Class 6 felony charges. The punishment upon conviction can lead to a jail or prison sentence and substantial criminal fines. As a refresher, the conventional law against reckless driving appears under Code of Virginia Section 46.2-852. This section… Read More »
How Does Virginia Define & Punish Larceny Crimes?
Larceny is a type of theft crime in Virginia that comes in many forms. Depending on the value of property in question — and the circumstances of the offense — larceny can lead to misdemeanor or felony charges and corresponding punishment. In order to comprehend the subtleties of larceny in Virginia, it is vital… Read More »
