People frequently ask me, "what makes someone a good divorce lawyer?" I generally answer that the lawyer should be empathetic, a good listener, and knowledgeable about the law. I also say that the divorce lawyer needs to be willing to go to court to protect the client.
The lawyers at Montagna & Montagna, P.C. have handled many divorce cases. We encourage our clients to call our office at 757-625-3500 whenever they have questions. We also appreciate clients who heed our advice and help us to help them. Finally, we reccomend that anyone who is looking for a dedicated, divorce attorney that they review our web site at www. montagnalaw.com.
Our web page has a wealth of helpful information. Additionally, potential clients can e-mail us questions, which we answer as quickly as possible.
If you are looking for a good divorce lawyer in Norfolk, Virginia, please visit our web site at www.montagnalaw.com or call us at 757-625-3500.
Monday, October 5, 2009
Wednesday, September 30, 2009
What do the attorneys at Montagna & Montagna, P.C. reccomend if one is arrested for DUI?
At the Norfolk law firm of Montagna & Montagna, P.C., we believe that if our client's refuse any field sobriety tests that the prosecution will have less damaging evidence to offer at trial. The general field tests that arresting officers use to determine if one is under the influence of alcohol are the following:
1. HGN
2. Walk and Turn
3. One Leg Stand
The performance results of the field tests by the defendant will be offered in testimony by the arresting officer. Additionally, an individual can be convicted of DUI even if his or her B.A.C. is less than .o8. Thus, if one does poorly on the field tests, he or she can expect the evidence to weigh heavily against them.
Generally, the officer will testify that a person has a strong odor of alcohol from their person, blood shot eyes, pale or flushed face, swaying when walking or standing, and slurred speech. However, if the implied consent law applies, one must generally submit to the breath test or blood test requested by the arresting officer. If the implied consent law is applicable and one unreasonably refuses to submit to the test offered by the officer, one can expect to face either a civil or criminal refusal charge.
At any rate, an individual charged with DUI would be well served calling the firm of Montagna & Montagna, P.C. at 757-625-3500. Furthermore, individuals are welcome to view the web site, montagnalaw.com, for additional information.
1. HGN
2. Walk and Turn
3. One Leg Stand
The performance results of the field tests by the defendant will be offered in testimony by the arresting officer. Additionally, an individual can be convicted of DUI even if his or her B.A.C. is less than .o8. Thus, if one does poorly on the field tests, he or she can expect the evidence to weigh heavily against them.
Generally, the officer will testify that a person has a strong odor of alcohol from their person, blood shot eyes, pale or flushed face, swaying when walking or standing, and slurred speech. However, if the implied consent law applies, one must generally submit to the breath test or blood test requested by the arresting officer. If the implied consent law is applicable and one unreasonably refuses to submit to the test offered by the officer, one can expect to face either a civil or criminal refusal charge.
At any rate, an individual charged with DUI would be well served calling the firm of Montagna & Montagna, P.C. at 757-625-3500. Furthermore, individuals are welcome to view the web site, montagnalaw.com, for additional information.
What should one do if arrested?
As a general rule, one should be polite and cooperative with the arresting officer. However, being polite and cooperative does not imply making a statement to the officer. One can provide the officer with identifying information (e.g. one's name and address) without making a statement to the officer that is incriminating. An individual should always request an attorney and should not even consider making a statement to the police without talking to an attorney.
The attorneys at Montagna & Montagna, P.C. are seasoned and trial tough. Thus, an individual arrested should call the firm at 757-625-3500. Also, the attorneys offer a wealth of information at their web site, www.montagnalaw.com.
An individual also should never voluntarily allow an officer to search their car or house without a warrant. Finally, an individual should never volunteer to take a polygraph or lie detector test.
The attorneys at Montagna & Montagna, P.C. are seasoned and trial tough. Thus, an individual arrested should call the firm at 757-625-3500. Also, the attorneys offer a wealth of information at their web site, www.montagnalaw.com.
An individual also should never voluntarily allow an officer to search their car or house without a warrant. Finally, an individual should never volunteer to take a polygraph or lie detector test.
Tuesday, September 29, 2009
Whitebread v. Commonwealth
Even though a drug dog alerted the officer to a vehicle and three passengers were searched but no drugs were recovered from them, the arresting officer did not have a particularized suspicion to search the defendant. Thus, the circuit court should have suppressed drugs found on defendant.
The arresting officer did have probable cause to search the vehicle. However, the arresting officer also testified that a positive alert did not mean that drugs were still in the vehicle.
The arresting officer did have probable cause to search the vehicle. However, the arresting officer also testified that a positive alert did not mean that drugs were still in the vehicle.
Monday, September 28, 2009
Muhammad execution set for November
John Allen Muhammad's execution date has been set for November 10, 2009 for the Washington area attacks that left 10 people dead. Muhammad was sentenced to death for the murder of Dean Meyers. An attorney for Muhammad has stated that Muhammad will appeal to the United States Supreme Court and ask Governor Timothy M. Kaine for clemency.
Thursday, September 10, 2009
Carrol v. Commonwealth
In this case, The Va. Court of Appeals ruled that a defendant's probation was violated. Following his Alford plea to rape in 2007, the defendant had been ordered to complete sex offender treatment. However, the defendant continued to deny all accounts of the rape. In essence, the Court of Appeals ruled that Alford plea consequences are the same as a guilty plea.
Grant v. Vommonwealth
In this case, the Virginia Court of Appeals dismissed defendant's conviction for driving under the influence. Defendant's attorney filed a "Notice of Confrontation Rights Pursuant to Virginia Code Section 19.2-187" two months prior to Circuit Court trial. At trial, the prosecutor failed to have the breath test operator testify.
Over the defendant's objection, the Court admitted the certificate of analysis. The Court of Appeals essentially said the United States Supreme Court case of Melendez-Diaz was controlling. Thus, the Confrontation Clause of the United States Constitution had been violated.
Over the defendant's objection, the Court admitted the certificate of analysis. The Court of Appeals essentially said the United States Supreme Court case of Melendez-Diaz was controlling. Thus, the Confrontation Clause of the United States Constitution had been violated.
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