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 »
Charitable Solicitation Registration-Why Register?
From the nonprofit fundraising scandals of the late 1970’s to the televangelist debacles of the 2000’s, charity scandals over the last few decades have led many state governments to increase their regulation of charitable fundraising. The most significant legislative response to the shifting nonprofit landscape is the charitable solicitation registration (“CSR”) statutes now enacted… Read More »
Church Third Party Uses: What You Don’t Know Can Hurt You!
Renting or allowing use of church and ministry facilities has many new added risks: child abuse liability, unwanted use purposes (same sex marriages) or activities on premises (illegal or risky), liability that is not covered by insurance or renters’ indemnity, jeopardizing tax exempt status of property, entity or UBIT and getting dragged into court… Read More »
Reviewing 3 Penalties For DUI Offenses In Virginia
Under Virginia law, it is a crime to drive under the influence (DUI) of alcohol, drugs, or other substances. Additionally, there are two different versions of DUI under Code of Virginia Section 18.2-270. On the first or second conviction, DUI is typically charged as a Class 1 misdemeanor. Whereas on the third, fourth, or… Read More »
Virginia Man Sentenced For Federal Drug/Weapon Crime
A Virginia man received a 12-year prison sentence for committing a federal drug/weapon crime, according to an article by WDBJ. Official reports indicate that the Virginia man attempted to sell drugs illegally to a 16-year-old male. But as the transaction played out, the Virginia man ended up shooting and killing the prospective buyer, claiming… Read More »
Does Virginia Have Multiple Types Of Reckless Driving Offenses?
Reckless driving is a criminal offense under Code of Virginia Section 46.2-852. In its most essential form, this crime requires dangerous or reckless driving behavior that can result in damage, injury, or death. In terms of penalties, Code of Virginia Section 46.2-868 establishes misdemeanor and felony versions of reckless driving. The Class 1 misdemeanor… Read More »
Virginia Man Allegedly Abducts Teenage Victim
A 20-year-old Virginia man faces felony charges for allegedly kidnapping a teenage male, according to an article by the Loudoun Times-Mirror. The Loudoun County Sheriff’s Office reported that this incident occurred on Tuesday, October 25 at approximately 8 p.m. in the 25000 block of Hartwood Drive in Chantilly. Sheriff’s deputies arrested the Virginia man… Read More »
What Is The Virginia Difference Between Misdemeanor & Felony DUI?
Driving under the influence (DUI) of alcohol, drugs, or other substances is a multifaceted criminal offense under Virginia law. After committing DUI in Virginia, a person will likely face misdemeanor or felony charges. From a higher-level standpoint, misdemeanor and felony DUI both involve intoxicated or impaired operation of motor vehicles, engines, or trains. Impairment… Read More »
Virginia Man Sentenced For Distribution Drug Crimes
A Virginia man faces 13 years in prison for committing distribution drug crimes, according to an article by ABC affiliate WRIC. Court documents indicate that this Virginia man was the subject of a long-running police investigation. In addition to staking out this man’s residence, police also sent confidential informants to purchase illegal drugs, which… Read More »
Virginia School Bus Driver Charged With Reckless Driving
A Virginia school bus driver faces reckless driving charges after allegedly crashing and causing injury to 14 children, according to an article by CBS affiliate WTVR. The driver in question was transporting children to an elementary school for class. Before they could arrive, however, the driver allegedly lost control of the vehicle, ran off… Read More »
How Does Virginia Define & Punish Rape?
Rape is arguably the most serious sexual offense under the Virginia Criminal Code. From a larger-level standpoint, rape can occur as a result of force, threat, or intimidation. Though rape can also involve mentally incapacitated, physically helpless, or underage victims. Whatever the circumstances of a rape charge, the penalties are extremely severe under Virginia… Read More »
Virginia State Crime Commission Evaluates Drunk Driving
The Virginia State Crime Commission (the “Commission”) is currently evaluating the statewide impact of drunk driving, according to an article by CBS affiliate WDBJ. A study from the Commission indicated that driving under the influence (DUI) of alcohol or drugs is the cause of approximately one third of fatal crashes in Virginia. The study… Read More »
How Does Virginia Address Cannabis Distribution Drug Crimes?
Even though the Commonwealth of Virginia legalized cannabis for recreational possession and use, unlawful distribution remains a drug crime. Furthermore, any person who violates the Virginia laws against the distribution, sale, or gift of cannabis can face severe punishment, including criminal fines and confinement in jail or prison. What are the Virginia Laws Against… Read More »