Sex Crimes -- mixing minors and mayhem

Hanover Law answers questions on a variety of topics, and one recent inquiry stood out in our criminal discussions. In VA, what is statutory rape and what are other possible charges for sex with minors? Seems like a bizarre and slightly embarrassing question. However, if you have a teenager or young adult who is experimenting with sex, it is good to know what the risks might be.

Question:
I am 20 years old and have a child with an 18 year old. When we had sex, I was 19 and he was 17.

Criminal Indictment -- what is it?

So What's an Indictment anyway?

The term "indictment" (pronounced in-dite-ment) is used to indicate the process where a grand jury finds sufficient evidence to charge a person for a specified felony offense. The prosecutor must bring evidence and witnesses to the grand jury in order to convince the jurors that the charges are "real" and substantiated. The term for this is "taking the case to the grand jury", and under the constitution, this must be done in a speedy manor (Sixth Amendment to the Constitution). States have considerable leeway to decide what constitutes "speedy", and if the accused is not detained, the definition becomes even more broad. But generally, detained = ~100 days; non-detained = ~9 months. If this period elapses with no action on the case, a motion can be made to acquit the accused for want of prosecution.

For example, possession of 5 grams of marijuana is a misdemeanor offense, not a felony. Therefore, there would be no grand jury. However, possession of 1lbs of marijuana, with distribution charges and felony crossing state lines, would absolutely be taken to a grand jury.

Remember this -- a criminal conviction for drug abuse, no matter how minor, will have devastating consequences for your life and future job prospects (remember that little box you have to check indicating a conviction?). Do you have a drug charge? Let us help you immediately. 703-402-2723.

Sean Hanover, Esq.
Hanover Law
www.hanoverlawpc.com
Offices in Fairfax and DC
888 16th St. NW
Washington, DC 20006

IRS Tax Deficiency

So You Have A Tax Bill....

Generally, you are not going to jail for not paying a minor tax bill. Less than $50,000 is considered quite minor on the books of the IRS. This, however, should not confused with the IRS not making your life a living hell. Oh, no!

They will. There are three stages to IRS wrangling.

• The first stage is a notice that is mailed to you. This notice, commonly called a deficiency notice, will indicate you have an outstanding liability, why you have the liability, and what steps you can take to immediately fix the liability and avoid further IRS intervention. Often, the IRS is incorrect in its calculations, or you have misfiled something. When that happens, you can submit a modification to earlier filings or challenge their finding.
• If you do nothing, the second stage occurs. You are notified of the IRS's intent to levy your wages, and bank account. You may also receive notice of liens placed against your property. You definitely need to defend against this, as the interest and penalties can be stunning.
• The final stage is seizure and foreclosure of assets and property. In this event, the IRS actual sells off your property to pay for the tax debt.

There are several methods for stopping or challenging each step. If you have a moment, read our blog (at www.hanoverlawpc.com) and look-up the article we wrote on IRS form 443. Do you have a tax question? Call us! We'd be glad to help. 703-402-2723

Sean Hanover, Esq.
Hanover Law
www.hanoverlawpc.com
Offices in Fairfax and DC
888 16th St. NW
Washington, DC 20006

So you want a divorce...now what?

So my friend Amy came to to talk to me about family law problems. Her husband had walked out rather unexpectedly. They owned a home in Virginia, and her children were mostly grown and gone. She was really annoyed that Mike was gone for the last few weeks, and asked our Firm what she should do. I answered her question thus:

Sounds like it might be time to file for divorce. If he has been absent for more than 30 days, you have a strong case for desertion. That gives rise for an at-fault divorce. As you have no young children at home (all 18 or older), you should be able to get a standard, no-fault divorce in 6 months (must be separate and apart). However, if you prove cause, you may be able to get it sooner. The law dealing with these matters, and others discussed in this post, can be found at VA Code §20-79.

Speed, however, is not the salient reason for filing a for-cause divorce. In fact, the advantage is one of positioning. During the opening volleys of the divorce engagement, you will file what is known as a "pendente lite" hearing request. Often, this is filed at the same time as the initial complaint for divorce.

The more "bad" acts you can prove (such as desertion giving rise to the for-cause divorce) the more cogent your pendente hearing arguments will be. Arguments often brought up at the hearing include: sole use and position of the marital home, spousal maintenance and support during the pendency of the divorce (the final amount, if any, will be determined at the conclusion of the divorce trial), child custody and support (not entirely relevant to your question), and use of shared resources (such as vehicles, savings accounts, medical plans, etc.).

There are several intervening steps that can be used to effect a legal separation without filing a divorce. Without knowing your situation more thoroughly, it is unclear if a divorce as mensa et thoro (legal separation as opposed to divorce) would be useful in your instance.

If you would like to talk about how to go about getting the best outcome for your situation -- namely, should you file now or wait the 30 days for your best desertion filing -- give us a ring at 703-402-2723 or email us at admin@hanoverlawpc.com.

Sean Hanover, Esq.
Hanover Law
www.hanoverlawpc.com
Offices in Fairfax and DC
888 16th St. NW
Washington, DC 20006

Access to Employee Records

While answering questions on a review board, I came across a request for information on employee records. I responded by citing to a Virginia CLE document covering the same topic -- see below!

Blocking Access to Employee Records

A recent Virginia CLE had a great write-up on this topic. I'll share excerpts from it here:

Are Virginia employees entitled to a copy of their personnel files?

No, with respect to employees of private sector employers. Most employees mistakenly believe that because a file has their name on it, it is their file. In fact, a personnel file is like any other company record and, unlike many other states, including Massachusetts (Mass. Gen. Laws Ann. ch. 149, § 52C) and California (Cal. Lab. Code § 1198.5), Virginia does not have a statute requiring that private sector employers permit employees access to their personnel file information. Thus, a private sector employer may refuse to give an employee a copy of or even access to the employee’s personnel file.

...

Public sector employees do have a right in Virginia to review their files. See Va. Code § 2.2-3705.1 (pertaining to exclusion from FOIA rules. “The following records are excluded from the provisions of this chapter but may be disclosed by the custodian in his discretion, except where such disclosure is prohibited by law: .... 1. Personnel records containing information concerning identifiable individuals, except that access shall not be denied to the person who is the subject thereof.” ...

May an employer put negative documentation in an employee’s personnel file without telling the employee or giving the employee a copy?

Yes. Many human resources professionals have been taught erroneously that negative personnel documentation cannot be placed in a personnel file unless a copy is furnished to the employee first. There is no prohibition against a private sector employer in Virginia placing negative personnel documents in an employee’s personnel file without having first given a copy to the employee or having told the employee. This misconception probably arises from fundamental notions of fairness, with some employers believing it would not be “fair” to place such documentation in the employee’s file without having first given the employee a copy. ...

This was taken from the Virginia CLE bulk-email entitled: "Did You Know? Is an employee entitled to a copy of his or her personnel file?" sent on 14 March 2014. For a complete copy of the email and relevant information, visit Virginia CLE, at: www.vacle.com

Do you have a question about employment law? Give us a ring! We can help -- 703-402-2723.

Sean Hanover, Esq.
Hanover Law
www.hanoverlawpc.com
Offices in Fairfax and DC
888 16th St. NW
Washington, DC 20006

Harassment and Extortion

They Took a Video of WHAT!?

What do you do if someone is threatening to do something (say, post a video) against you unless you pay them money, or give them something?

There are really three avenues here. The first is criminal law. You can swear a warrant out against the offending individual. The code section is VA Code 18.2-59 and reads in pertinent part:

"Any person who (i) threatens injury to the character, person, or property of another person, (ii) accuses him of any offense...and thereby extorts money, property, or pecuniary benefit or any note, bond, or other evidence of debt from him or any other person, is guilty of a Class 5 felony."

Saunter down to the local magistrate office (usually at the adult detention center, but contact the non-emergency police number, and they can provide the proper address for your locale) and bring proof of the threat.

A moment to digress here -- as this applies to both criminal and civil (below). In order to move forward, you must have some proof that the person is threatening you. Your case will fall flat if there is not some extrinsic (that means other than you) evidence to support your allegation. Did he call you? Did she text you? Is it on facebook or email? Think this through -- you will need to provide evidence of the purported wrongdoing ere the police or the Court can help you.

In this situation, the second approach is to obtain a civil injunction against the person. This essentially states that the individual is injoined (stopped) from doing some act by Court order. If they do it anyway, they will be heavily fined or even put in jail. The Virginia Code has many different section dealing with protective orders and civil injunctions. See for example, 19.2-152.9 and 10 which state in part:

The court may issue a protective order pursuant to this chapter to protect the health and safety of the petitioner and family or household members of a petitioner upon (i) the issuance of a petition or warrant for, or a conviction of, any criminal offense resulting from the commission of an act of violence, force, or threat or (ii) a hearing held pursuant to subsection D of § 19.2-152.9.

You would injoin the wrong-doer from threatening you and from posting any video or other private material.

Remember, you cannot stop someone from posting an already public video, although you can argue that that public material, purposely misused or misconstrued against you, is grounds for harassment (leading you to file a protective order).

Thirdly, if the individual actually published the offending material, and you were harmed by it, then you could also sue for slander and/or libel (essentially the same effect, just differs on how the material was published). This is a civil action (called a "tort"), and you can obtain a significant judgment if found credible by a jury.

Are you suffering from harassment, or extortion? Don't put up with it! If you are in the DC, Virginia, or Maryland areas, contact us -- we can help. 703-402-2723

Sean Hanover, Esq.
Hanover Law
www.hanoverlawpc.com
Offices in Fairfax and DC
888 16th St. NW
Washington, DC 20006

So I messed Up -- What do you do when you are the bad actor in a divorce?

From a recent discussion on the family law forum:
Question to Hanover Law:

My husband was cheating on me for fifteen years before I found out. Then I left the home after he became abusive to me in front of our children. I was gone for a while, so when I returned he had divorce papers served on me. Only for the divorce and no money was involved; the papers said that they were for divorce only and no settlement was involved.

So I Left....

Answer:

Generally, leaving the home without securing a separation agreement, protective order, court order, or some form of agreement opens you up to a claim of desertion. This is made worse by leaving the kids with the alleged "abusive" spouse. Would you leave your kids with someone that hurt you? That does not make a lot of sense.

Usually, the Court will find that when one parent left, absent extenuating circumstances, the person abandoned the family.

This results in grounds (at least in VA and DC) for a "for cause" divorce. This type of divorce grants a more favorable status to the complaining spouse in terms of property settlement, pendente lite support (that's support and benefits given to one spouse during the course of the legal proceedings).

What happens if you did this?

• First, you need to get all your information together. In this case example above, the person left because of infidelity and mental abuse...so document it. If you can show that the other actor was also bad, it will go a long way in mitigating the impact of walking out on the family.
• Secondly, you need to get a divorce attorney that is experienced in tough, possibly negative situation divorce. You can overcome an accusation of desertion, but it takes careful planning and work.
• Thirdly, track the money -- who was using the credit cards and the bank accounts. This is important is any allegation of wrong doing.
• Finally, be very clear on why you came back and that the absence was of a short, fixed duration.

Do you need help dealing with a difficult divorce? Are you the bad actor? You need to get good, honest, candid legal advice. When you're ready to talk about fighting for your rights, and overcoming challenging circumstances -- call us. 703-402-2723.

Sean Hanover, Esq.
Hanover Law
www.hanoverlawpc.com
Offices in Fairfax and DC
888 16th St. NW
Washington, DC 20006