What will an expungement do for me? An expungment allows you to legally state that you were never arrested or charged with the particular crime, the records of which have been expunged. When completing questions on job or school applications about whether you have ever been arrested or charged with a crime, you can honestly answer “no” regarding any charges that have been expunged. Furthermore, an expungement prevents anyone else who knows about the expungement from revealing the existence of the charges. To do so itself is a crime.

What types of cases are eligible for an expungement? Only those cases in which the charges were dropped by the prosecutor, or where you were found not guilty after a trial, or which were “otherwise dismissed” are eligible for expungement. If you pled guilty, you are not eligible to have that record expunged. Most dismissals, unfortunately, do not qualify under the “otherwise dismissed” category because they usually involve a guilty plea as part of an agreement for the charges to later be dismissed. For instance, if you performed community service, were ordered to attend anger management, or paid restitution, you are probably not eligible for an expungement. To know for sure whether or not your case qualifies for expungement, call for a free consultation with a lawyer.

What is the process for obtaining an expungement? The expungement process involves filing a Petition in the Circuit Court of the county in which the charge was brought. Then you must get fingerprinted at a police station. The fingerprints are processed by the state police and forwarded to the court. Once the fingerprints are received, a hearing can be scheduled wherein the attorney for the Commonwealth may object to the expungement. Our attorneys can help you present your case to the judge as to why the expungement should be granted.

Do I really need a lawyer for a Reckless Driving charge?

Is DUI (Driving Under the Influence) the same as DWI (Driving While Intoxicated)? These terms are essentially used interchangeably in Virginia. Police will typically charge a person with driving while intoxicated if a person has been drinking alcohol, while they will call it driving under the influence if the person has been using drugs.

What should I know about DUI or DWI? If you plead guilty or are otherwise convicted of DUI or DWI, you will automatically have your license suspended for one year. If you have prior DUI convictions, or if you refused to take the breath test or blood alcohol test, your suspension period may be longer. This is a mandatory penalty and the judges have no discretion to reduce it. However, you may be able to obtain a restricted license so that you can get to school or work. An attorney can help you present your case in such a way as to maximize the likelihood that you will obtain a restricted license.

I was caught driving on a suspended license. Is there anything you can do to help me? There are strict requirements in the Virginia Code regarding the notice that is required to be given before you can be convicted of driving on a suspended license. If you did not have actual notice that your license was suspended, our attorneys may be able to help clear you of these charges. In addition, if the police did not have a valid reason to pull you over in the first place, you may be able to have any evidence of your driving on a suspended license suppressed. Call for a free consultation with one of our experienced attorneys who can determine what defenses you might have.

How does the whole point system work? For being a good driver, you are awarded one positive point on your driving record for each year, up to a maximum of five points. If you voluntarily attend a DMV-approved driving school, you will receive five positive points. On the contrary, if you have a traffic violation, you are penalized with negative points, depending on the severity of the charge. If you accumulate 12 points in 12 months or 18 points in 24 months, DMV will require you to take a driver’s improvement course in order to avoid having your license suspended. If you accumulate 18 points in 12 months or 24 points in 24 months, DMV will automatically suspend your license for 90 days without the opportunity for a restricted license. You will then be placed on driving probation for six months and you will have to take a driving improvement course before getting your license restored.

Do I need a lawyer for a traffic infraction? Speeding tickets, running red lights, and other minor traffic infractions are generally punishable only by monetary fines, so the cost of hiring a lawyer may be more than the fine you are facing. On the other hand, while you may only face a small fine in the short-run by not contesting a traffic infraction, long-term you may be saddled with increased auto insurance premiums, monitoring by DMV, or civil fees imposed by DMV for excessive accumulation of infractions. Especially if you have a high number of points on your record, it may be important to dispute the charge, in which case, it can be well worth the price you pay to hire a lawyer. More serious traffic offenses, such as reckless driving, hit-and-run, and DUI, are traffic misdemeanors for which you could face jail time, and therefore, it is imperative that you hire a well-qualified attorney to protect your rights.

Deje Que Nuestro Equipo Ganador Proteja Sus Derechos!

Bienvenidos a Leiser, Leiser & Hennessy ^PLLC. Somos una firma de Abogados con Servicio completo sirviendo el Estado de Virginia, y el Distrito de Columbia.

Entendemos que los casos legales usualmente son personales, y pueden ser estresantes. Estamos aquí para escucharle, informarle, guiarle a como tomar una decisión educativa, y batallar para usted incansablemente hasta alcanzar resultados satisfactorios.

Todos los Abogados son seleccionados por su formación solida académica, la inteligencia probada, y habilidades interpersonales.

Le ofrecemos el mejor valor; la experiencia que usted necesita  al precio que pueda ser fácil en pagar.

Nuestros asociados menores están bien calificados para manejar asuntos de rutina a tarifas muy razonables, mientras siempre están bajo la supervisión cercana del Socio que Maneja. Para situaciones más complicadas, los socios y el asociado mayor puedan tomar parte para proveer le a usted un nivel de pericia y el beneficio de varios años de experiencia.

SINE TIMORE – “Sin Temor”

NUESTRA LEMA describe que no seremos intimidados por la postura del lado opuesto y.

Así  tratamos con una compañía grande de seguro, con su empleador, o con un acusador federal, nosotros defenderemos  seguramente sus derechos.

Nuestra valentía junto con nuestro conocimiento y experiencia extensa le dará tranquilidad, reconociendo que sus asuntos legales están en buenas manos. Nosotros tratamos casos basado en nuestro conocimiento de la ley, nuestros análisis agudos de los hechos, y de nuestras habilidades de apoyo. Así, que no tema, nuestros Abogados le representaran en la mejor manera posible, con la confianza y integridad.

Leiser, Leiser & Hennessy, ^PLLC tiene una próspera práctica en las arias de:

Ley de Familia, Divorcio, Custodia de niño, Prenupcial, Testamentos y Sucesiones, Herida Personal, La Negligencia Médica, Muerte Por Negligencia, Ley de Empleo, Defensa Criminal, Defensa de Trafico, Abuso de Manejo bajo la influencia, Practica de Apelo, Ley de Contrato y Consumidor, Litigios de negocios, Practica de Remover Cargos Criminales de su Reporte , y una extrema variedad de otros litigios Civiles.

OUR MOTTO, Sine Timore, literally “without fear,” tells you that we will not be intimidated by the other side’s bullying and posturing. Whether we are dealing with a big insurance company, your employer, or a federal prosecutor, we will confidently stand up for your rights.

Our fearlessness combined with our extensive knowledge and experience give you peace of mind, knowing your legal matters are in excellent hands. We try cases based on our knowledge of the law, our keen analysis of the facts, and our advocacy skills. So fear not, our lawyers will represent you in the best possible manner, with confidence and integrity.

Leiser, Leiser & Hennessy, ^PLLC has a thriving practice in the areas of: Family Law; Divorce, Child Custody, Prenuptial, Wills and Estates, Personal Injury, Medical Malpractice, Wrongful Death, Employment Law, Criminal Defense, Traffic Defense, DUI, Appellate Practice, Consumer & Contract Law, Business Litigation, Expungements, and a wide variety of other civil litigation.

What do I have to prove to win my case?

Why might an attorney not take my case?
Because personal injury cases are a gamble for the attorney, the value of your case must be weighed by assessing three primary factors: first, the likelihood that a judge or jury will find that the other party is legally responsible for your injuries; second, the dollar value that a judge or jury is likely to place on your injuries; and third, whether we can ultimately collect a judgment from the defendant through, for example, an insurance policy. Sometimes it is difficult to prove that the defendant directly caused the injuries. Sometimes the injuries are too slight to be worth a large enough recovery in relation to the amount of work required to win or settle the case. In other cases the client may have a slam dunk and very valuable case, but the defendant is not able to pay and is not covered by insurance. This makes collecting any award difficult and an attorney is less likely to want to take the case on a contingency basis.

What could keep me from collecting?
There are a number of reasons why you may not be compensated for your injury, even if it was caused by someone else’s negligence. If you waited to too long to bring your claim, you may be barred by the statute of limitations. If it is shown that you also contributed to your injury through your own negligence, even if you were only 1% at fault and the other party was 99% at fault, the judge or jury could find that the legal doctrine of contributory negligence bars you from collecting anything. As mentioned above, you could have a very good case, but be unable to collect because the defendant simply does not have the income or assets to pay a judgment or the defendant who caused your injuries cannot be located.

Will I have to pay a fee for legal services?
Personal injury cases are ordinarily taken on a contingency basis. This means that your lawyer does not get paid unless you recover money for your injuries. The lawyer’s fees are typically about 40% of the total amount you are awarded. In addition, you are responsible for covering any costs of the case, such as court filing fees, expert witness fees, court reporters, and incidentals such as couriers and copying charges. In some cases our firm will advance those costs and will be reimbursed from the proceeds of any settlement or judgment obtained in your case. Attorneys in Virginia are ethically forbidden to finance a client’s litigation without the expectation of being reimbursed for those costs.

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Thank you for the opportunity to serve you. We understand that legal matters are usually very personal, and often stressful. So, we are here to listen to you, inform you, guide you to make educated choices, and go to battle for you tirelessly until we achieve satisfactory results for you. All of our attorneys are selected for their strong academic backgrounds, proven intellect, and interpersonal skills.

We offer you the best value; the experience you need at a price you can afford. Our junior associates are well qualified to handle routine matters at very reasonable rates, while always under the close supervision of the Managing Partner. For more complex issues, the partners and senior associates can take over to provide you with an even higher level of proficiency and the benefit of their many years of experience.

Is my employer subject to wage and hour laws?

Does my employer have to pay me for my break time?
Yes, unless it is long enough for you to take lunch or for the time to be principally beneficial to you instead of your employer. Breaks for which you should be paid typically include quick coffee breaks, bathroom breaks, and brief periods of down-time, such as when machinery or computers are down. For longer breaks, your employer could ask you to be “off-the-clock” and you would not be paid.

When am I entitled to overtime?
Unless you are an exempt employee, for every hour you work in excess of 40 hours per work week, your employer must pay time-and-a-half of your regular rate.

How is my regular rate calculated if I receive base pay plus commission?
Your regular hourly rate is based on your compensation from all sources. Overtime pay would equal one-and-a-half times this regular rate.

Which employees are exempt from overtime pay?
Exempt employees include professional, administrative and executive employees who have such qualities as advanced degrees, discretion over how the job is performed, are predominantly non-manual workers, and have a supervisory role over other employees. Exempt employees must be paid on a salary basis, meaning that they are paid a predetermined amount regardless of how many hours they work.

My employer asked me to sign a Non-Compete Agreement. Is that enforceable?
Non-Compete Agreements are often not enforceable. They are considered to be against public policy and will be strictly construed against an employer. To the extent that such an agreement is upheld, it cannot be broader than necessary to protect the legitimate business interests of an employer.

What should I do if my employer wants me to sign a non-competition agreement?
Often when an employer wants a departing employee to sign a non-competition or non-solicitation agreement, the employer will offer the employee a severance package in exchange for signing such agreements. An attorney can help negotiate a severance package and advise you on the terms of any agreements with the employer.

I am injured or sick and need time off from work. What are my rights?
Under the Family and Medical Leave Act (FMLA), employees are entitled to take up to twelve weeks of leave for a serious health condition of their own or of an immediate family member. You may be paid for any leave time you have accrued, but the remainder of your leave may be unpaid. If you are fired or demoted while out on sick leave, you should speak to a lawyer to protect your rights.

What rights do I have as an employee with a disability?
Under the Americans with Disabilities Act of 1990 (ADA), your employer must provide reasonable accommodations for your disability. A reasonable accommodation might include special equipment that allows you to perform your job or a flexible work schedule to accommodate frequent doctor appointments, so long as it is not an undue burden on the employer to do so.

I was fired for no good reason. I think my employer just didn’t like me. Can I sue for wrongful discharge?
Virginia is an at-will employment state. People can be fired for any reason or for no reason, but cannot be fired for a discriminatory or retaliatory reason. If you were fired for no reason or for a purely financial downsizing, you may be entitled to unemployment compensation (see below). However, if you were fired after complaining about actual or perceived discrimination or after disclosing unlawful practices of your employer (whistleblower), you may be the victim of unlawful retaliation. If you had not complained previously but believe you were fired because your employer just did not like you, you are only protected if they fired you based on your inclusion in a protected class, such as those based on your race, gender, age, national origin, or religion. Employers are allowed to discriminate based on other factors, such as sexual orientation, political affiliation, or drug abuse.

What should I do if I think I have been the victim of sexual harassment or a hostile work environment?
Employers are required to have a sexual harassment policy in place and employers must follow their own set procedures. A claim of a hostile work environment must demonstrate that the harassment was severe and pervasive. If you think you may have been the victim of sexual harassment or a hostile work environment, you should speak with a lawyer to determine the best course of action.

Am I eligible for Unemployment Compensation and what will I receive?
If you were laid off from work due to an employer’s downsizing and through no fault of your own, you may be eligible to receive unemployment compensation. The maximum recovery is approximately $15,000 over 6 months, but it could be less based on your income. If your former employer states that you were fired for cause, it is their burden to show you were fired for willful misconduct, such as insubordination, stealing lying, or missing work, not simply incompetence. To apply for unemployment compensation, file an application with the Virginia Employment Commission (VEC). You will be entitled to a telephone hearing and have numerous appeal opportunities if you are not satisfied with the outcome. Your lawyer can represent you are these hearings to ensure that your legal rights are adequately protected.

I am an employer and have been wrongly accused of discrimination. Can you help?
Our attorneys can help you whether you are an employee or an employer to make sure that your rights are protected. Claims of discrimination or other allegations can be a blow to the bottom line, even if they are false. Skilled counsel can help keep your liability to a minimum.

How can I get a legal separation in Virginia?

Can I vacate the marital residence or will I be charged with abandonment?
Most divorces start with one person moving out of the marital residence, but there is a risk that the other spouse will claim desertion. A claim of desertion could affect your right to receive spousal support or your share of the marital property and could be a factor in determining custody and visitation of the children. In most cases the mere fact that one spouse moved out of the marital residence is insufficient to prove legal desertion or abandonment.

Can I make my spouse leave the house?
It is difficult to force a spouse out of the marital home. Even if you pay the entire mortgage or rent and utilities, or the property is titled only in your name, or you owned it before the marriage, it is still considered a marital residence. In cases of domestic violence you can seek a Protective Order which may force your spouse out of the home for up to two years. Once a divorce has been filed, you can seek exclusive use and possession of the home, but you must first have grounds for divorce, such as adultery or cruelty.

How much can I expect to receive or pay in spousal support?
Spousal Support (often called Alimony) is based on the income and needs of each party as well as a host of other factors, such as the length of the marriage and standard of living established during the marriage. There is no set formula for calculating spousal support, although some counties have rough guidelines. An attorney can help you determine how much you should request or expect to pay in spousal support.

How much can I expect to receive or pay in child support?
Child support is determined according to set guidelines based on the incomes of both parents, taking into account the cost of daycare and health insurance premiums. Other expenses you may have are not ordinarily considered in the calculation. An attorney can help you calculate the child support guideline amount, also taking into account special circumstances such as self-employment, support of other children, and shared custody arrangements.

Can I take the children with me if I leave the marital home?
This is a question that will have to be answered on a case by case basis. If you leave without the children, this may be considered abandonment of them. If you take the children with you, this may be seen as interfering with the other parent’s relationship with them. In every case you should do what is in the children’s best interest. If you have questions about what is best in your situation, talk to a lawyer first before making any decision.

Can I take the children and leave the area?
This is a tough question. If there is no prior custody order in place, there is usually nothing preventing either parent from taking the children with them when they move out of the area. However, if the other parent objects to the move, this will give that parent grounds to seek immediate custody from the court and ask that the children be returned to the area. It is best to seek the advice of a lawyer if you are contemplating leaving the area with your children so that the facts of your situation can be analyzed from a legal standpoint.

What factors will the court consider in determining custody of the children?
There are a number of factors that the court will consider in determining who should have custody of the minor children. These include the age and physical and mental condition of each child and each parent, the relationship between child and parent, the needs of the child and each parent’s ability to meet those needs, the propensity of each parent to actively support the child’s relationship with the other parent, the reasonable preference of the child, and any history of family abuse. It is recommended that you hire an attorney to help you protect your interests in any custody and visitation proceedings.

What if my spouse is in prison?
If your spouse is incarcerated you can still obtain a divorce, it just might take a little longer. Because your incarcerated spouse is considered an incapacitated person, he or she is entitled to have a Guardian ad litem (GAL) appointed to protect his or her interests. A GAL is an attorney who will act on your spouse’s behalf to make sure his or her rights are protected in the divorce process.

What if I don’t know where my spouse is?
You can still get a divorce even if you do not know where your spouse is currently living. Legal notice must be done by publication in the newspaper. Your attorney can assist you with this process.

How long will the divorce take?
Divorce cases can take anywhere from a few weeks to about two years, depending on the circumstances. If both parties are in agreement and you have already been living separate and apart for the requisite time period, the entire divorce process could be done as quickly as within one month, although it usually takes a little longer. If there are issues – such as child custody, support, or division of marital property – that need to be decided by a judge, the divorce could take a year or longer to work through the litigation process.

How much will it cost?
The cost of a divorce will vary widely depending on what is involved and every case is different. If it is determined that your case is an uncontested, no-fault divorce, we offer flat fee plans ranging from between $750 to approximately $1,500 to complete the entire process. If there are contested issues that need to be decided by the court, you will usually need to make an initial deposit of between $5,000 and $10,000 and the case will be billed by the hour. We send monthly invoice statements showing the work that has been done on your case and the amount that has been billed against your account. If the case settles quickly or does not expend your entire deposit you will be refunded the amount remaining in your account. If the initial deposit is insufficient to cover the work, you may be asked to supplement your account. Contested divorces often end up costing more than the initial deposit. At LLH we try to balance the concerns of keeping your cost down while still providing you with excellent legal representation. Our fees are routinely about one-half those of our competitors. The cost of litigation is one factor every client needs to consider when deciding how much certain things are worth fighting over in court. In some cases, attorney’s fees can be recovered from the other spouse.