Tuesday, October 26, 2010

Some Cases Handled by Montagna & Montagna, P.C.

Although no case is identical and theses examples are not guarantees of all dispositions, we have handled thousands of cases at Montagna & Montagna, P.C. Some of the cases handled:
1. DUI with .24 B.A.C.: dismissed
2. First degree murder reduced to manslaughter
3. Client hurt on bus: judgment for over $240,000.00
4. Reckless driving 83 mph in 55 mph zone reduced to defective equipment
5. Felony possession with intent to distribute drugs nolle prosequi (dismissed without prejudice)
after filing motion to suppress
6. Rape and sodomy charges: client plead to misdemeanor assault and battery
7. Robbery and use of firearm charges dismissed
8. DUI reduced to reckless driving
9. Robbery charge dismissed
10. Custody of child awarded to client (father)

Monday, October 25, 2010

Lawyer disbarred for $450,000.00 fee diversion

A lawyer has surrendered her bar license after admitting that she misappropriated $450,000.00. The lawyer funneled money from the Social Security Administration to herself without paying her firm.

Thursday, October 21, 2010

How do I get information about my DUI

Under Virginia law, one is limited in the amount of information that one can obtain after an arrest for DUI. In the General District Court, discoverable information is limited to statements made to the police and the defendant's prior criminal record. However, the counsel for the defendant can file a request for a copy of the certificate of analysis, a copy of the criminal complaint, a copy of the Sworn Report for DUI Arrest, or request the issuance of a subpoena duces tecum. Furthermore, counsel can obtain forensic information for the EC/IR II Test Equipment Instrument by sending a request to Ms. Alka Lohman, Department of Forensic Science- Breath Alcohol, pursuant to the Virginia Freedom of Information Act.

Tuesday, October 19, 2010

ABC's of DUI

According to the National Highway Traffic Safety Administration:

1. Does the type of alcohol you drink affect your BAC (blood alcohol concentration)?
No. a typical drink equals about half an ounce of alcohol (one shot of distilled spirits, one 5
ounce glass of wine, one 12 ounce beer)
2. What affects your BAC?
The number of drinks, how fast you drink, your gender, your weight, and food in your
stomach
3. How will you know when you are impaired?
.02%: some loss of judgment, relaxation, slight body warmth, altered mood
.05%: exaggerated behavior, may have loss of small muscle control, impaired
judgment, usually good feeling, lowered alertness, release of inhibition
.08%: muscle coordination becomes poor, harder to detect danger, judgment, self
control, reasoning, and memory are impaired
.10%: clear deterioration of reaction time and control, vomiting may occur, major
loss of balance

Questions to think about when hiring a lawyer

1. Did the lawyer look me in the eye when he greeted me and shook my hand
2. Did the lawyer appear interested in my case
3. Did the lawyer explain the pros and cons of my case clearly and concisely
4. Did the lawyer seem genuine and honest
5. Did the lawyer ask if I had any questions
6. Did the lawyer invite me to call him with any questions that I might have in the future
7. Did the lawyer appear knowledgeable about my case
8. Did the lawyer take notes and actually listen to me
9. Did the lawyer invite me to make follow up appointments
10. Did the lawyer appear confident and in control
11. Did the lawyer have other files in his office, which reflects the demand for his services
12. Did the lawyer quote me a fair price, because you frequently get what you pay
13. Did the lawyer ask me to refer my friends and family to him
14. Did the lawyer express a desire to foster a future relationship
15. Did the lawyer send me a follow up letter

The lawyers at Montagna & Montagna, P.C. strive to have you answer yes to the above questions. If the lawyers that you have contacted do not make you feel comfortable and you cannot answer yes to most of these questions, call us today at 757-625-3500 or email us at monatagnalw@yahoo.com. We appreciate you and your business. We also know that you have a lot of choices in selecting a lawyer and that by hiring us you are placing your trust in us. For that, we say thank you!!!

Friday, October 15, 2010

The 10 Legal Commandments

TOP 10 LEGAL COMMANDMENTS

1. Thou shall not lie to your lawyer, unless you want an absolutely horrific outcome
2. Thou shall make an appointment with your lawyer immediately when requested
by your lawyer, unless you really want to irritate him and want him to be
unprepared
3. Thou shall dress appropriately for court, unless you want the judge or jury not to
take you seriously
4. Thou shall come to court on time, unless you want your legal woes compounded
5. Thou shall answer the court the with "yes Judge" or "no Judge," unless you want the Court
to think you are rude and unworthy of the Court's respect
6. Thou shall not argue with the opposing witnesses in Court or in the hallway outside
of court, unless you have a strong desire to eat bologna sandwiches for a couple of days
7. Thou shall not make a statement to your arresting officer, unless you want to insure
that you are found guilty
8. Thou shall testify truthfully in court, unless you want to be caught in a lie and lose
all credibility in the Court's eyes
9. Thou shall not address your lawyer by his last name alone, unless you want your
lawyer to think you have no social skills
10. Thou shall immediately call the law firm of Montagna & Montagna, P.C. at 757-625-3500
to schedule an appointment to help you with all of your legal needs

Monday, October 11, 2010

My Favorite Lawyer Jokes

1. How many lawyers does it take to screw in a light bulb?
Answer: 3; one to hold the ladder, one to screw in the light bulb, and one to sue the ladder
manufacturer

2. A lawyer and a doctor were at a cocktail party when a patient of the doctor's came up to
him and said, "Doctor, I have a terrible headache." The doctor said, "take an aspirin and you
will be fine." After the patient left, the doctor asked the lawyer whether he should send the
patient a bill. The lawyer said, "Absolutely, I always charge for advice."
The next day the doctor received a bill from the lawyer.

Thursday, October 7, 2010

Virginia Beach DUI Lawyer

Do you need a tough, dedicated DUI lawyer for trial in Virgina Beach? Look no further than the law firm of Montagna & Montagna, P.C. We have won more DUI cases than some lawyers have even tried. In fact, while we do not guarantee results, we do guarantee our best efforts.

As a commercial on television suggests before becoming a customer, ask your friends about the company. We also strongly suggest that before you hire us that you ask your friends and neighbors about the Montagnas. Since we have over 62 years of combined experience, there is a good chance that we have represented a friend, a neighbor, or a relative.

We have extensive knowledge of field tests and breathalyzers. We also have appeared in front of the Virginia Beach judges hundreds, if not thousands, of times. Now, would you rather have a lawyer who says he is good or a lawyer that your friends, neighbors, or family members say is good.

If you want results and you want to know that your lawyer is a fighter and not a lover (it's a joke), call our firm today. Our number is 757-625-3500.

Wednesday, October 6, 2010

Why hire a lawyer who thinks outside of the box

Do you want a lawyer who thinks outside of the box? Do you want a lawyer who can think quickly on his feet? Do you want a lawyer who places the best interest of his client ahead of himself? Do you want a lawyer who provides excellent representation for a fair price?

If you answered yes to any of these questions or all of theses questions, then I am the lawyer for you. My partner and I believe that these days require novel approaches and ideas in providing excellent representation in a criminal case or civil matter.
Many lawyers are concerned about their fee first and the client second. We are most concerned for our client.

A lawyer who thinks outside of the box exemplifies intelligence, foresight, and problem solving skills. Many times, an idea that is outside the box of conventional thinking can keep the client out of jail, allow the judge to formulate a disposition that enables a client to avoid a conviction, or allows fair and just compensation for an injured party.

If you need a quick thinking, dynamic attorney in Norfolk, Virginia Beach or anywhere in Hampton Roads, Virginia call my firm, Montagna & Montagna, P.C., at 757-625-3500. I promise that you will be happy that you did.

SWANSON V. COMMONEWEALTH

In this case, the Virginia Court of Appeals held that the trial court was correct in sustaining an objection on hearsay grounds to a question posed by defense counsel. The Virginia Court of Appeals ruled that the Commonwealth did not open the door to allowing the hearsay statement. The Virginia Court of Appeals distinguished this case from the Jones case.

AFSAW V. COMMONWEALTH

In this case, the Virginia Court of Appeals held that the trial court erred in denying defendant's motion for a transcript of his preliminary hearing.

MIDKIFF V. COMMONWEALTH

In this case, the Virginia Supreme Court held that the best evidence rule only applies to written documents and that video recordings are not covered by the rule.

BERGHUIS V. THOMPKINS

In this case, the United States Supreme Court ruled that once a defendant has been given his Miranda warnings then the police can interrogate the defendant without an affirmative waiver.