• Family Law FAQ

    • How Long Does It Take to Get Divorced in Virginia?

      Generally, the entire process takes between six months to one year. Many factors can contribute to shortening or extending this time. If, for instance, there is evidence of abuse, the court can expedite the process. Couples can also make agreements together through mediation, bypassing a lengthy courtroom trial.

    • Will I Have to Pay Child Support in My Divorce?

      Legally, when you are a parent, you are expected to support your children financially. In divorces, this often means contributing money to the children. Both parents are expected to pay child support, and the final ruling is based on each parent’s income and their ability to contribute. Even if someone has sole custody, they spend their money directly on the children, therefore paying child support. The other simply supplements that expense through monthly payments.

    • Will I Have to Pay Spousal Support in My Divorce?

      Alimony is a way of protecting spouses from becoming destitute after a judicial separation. If either spouse is financially dependent on the other, even a little bit, the higher-earning spouse will probably be asked to pay some form of alimony.

    • Does Virginia Recognize Legal Separation?
      No. Legal separation is not an option for Virginians.
    • Can I Get an Annulment?

      Annulment is different from divorce. It essentially erases a marriage from your record, and it applies only to special circumstances. You can get an annulment if you were incapacitated at the time of the marriage; if either partner was underage at the time; if either partner was forced or tricked into the marriage; if either partner is already legally married; if there was fraud in the marriage; and so on.

    • Do I Have to Go to Court for My Divorce?

      Divorcing spouses are free to make any agreements they choose. However, it’s always best to include an attorney who can help correct any mistakes and make sure you don’t miss anything important. Instead of going to court, you can attend mediation, where you negotiate the terms together.

    • What Is Joint Custody?

      Parents can have sole custody, or joint custody, given to only one person, shared between the parents. Courts can distribute joint custody in a variety of ways. One parent could have physical custody while the other has custody. Parents could share one or both forms of custody. The percentage of custody can be closer to 50/50 or as broad as 90/10. Possible combinations are almost limitless.

    • Does Losing Child Custody Mean I Can’t See My Kids?

      Courts typically don’t want to separate parents from their children, unless they believe a parent is dangerous or harmful to the child. Even if you receive no direct custody, you can still earn visitation rights. This is specifically scheduled time when you can be alone with your kids, but you must return them by a specific time.

    • Do I Need an Attorney for Family Law Matters?

      You are not required to hire an attorney in family law scenarios, but you probably should. Any time you mix the law with your family, the situation is complex and emotionally charged. Legally, an attorney can provide advice, negotiate on your behalf, and represent you in court when necessary. They are familiar with the laws and regulations, and they work to protect their client’s rights and interests. Without an attorney, you risk making a costly mistake, or you may receive an unfavorable outcome.

    • What Does Family Law Cover?

      Family law is a branch of the legal system that deals with any scenario that is relevant to families. It handles things such as marriage, annulment, child custody, adoption and guardianship, child emancipation, domestic violence and abuse, and so forth.

  • Criminal Defense FAQ

    • Will My Case Go To Trial?
      Whether or not your criminal case goes to trial will depend on whether or not it involves misdemeanor or felony charges. For a misdemeanor case, it is often heard before the judge and will not typically include a juried trial. Felony charges are another story entirely, as the prosecutors will be selecting people to be jurors. From that point, the formal trial will take place. It will involve the presentation of the following: Evidence, Witness testimony, Arguments from prosecution & defense. The prosecution will always have the burden of proving that the evidence supports the charges. Your criminal defense lawyer will have the opportunity to either support or refute those arguments. You may find, however, that prosecutors will have thin or weak arguments, and may not be able to prove “guilt beyond a reasonable doubt.” Whatever the case may be, it is always in your best interests to have an attorney on your side.
    • What Is Arraignment?
      Once bail has been paid, the courts will schedule an arraignment, where the plea is entered. You may enter a plea of “not guilty” or “guilty,” or another plea such as “no contest.” A lawyer will almost always recommend that you plead “not guilty” to give you the maximum fighting chance at obtaining an outcome in your favor.
    • What Is the Criminal Court Process?
      The Virginia criminal court process follows these basic steps:
      1. Arrest
      2. Bond/Bail
      3. Arraignment
      4. Preliminary Trial
      5. Trial

      The Law Offices of Daniel J. Miller understands how daunting the criminal process must be, especially when faces with serious charges. We are here to help you understand how the legal system operates and what you should expect. In addition, we can stand by your side during each step to fight for your rights.
    • How Do You Fight Criminal Charges?
      For the best chance of success in fighting your criminal charges, you will need: 
      - A defense attorney you can trust 
      - A solid strategy to fight your charges
      - Evidence to support your defense

      Attorney Dan Miller can fill each of these needs. He is a defense attorney you can trust and he can build a strong defense strategy to get the best possible outcome for your case.
    • How Much Does a Criminal Defense Attorney Cost?
      The cost of a criminal defense lawyer depends on a number of factors, including their consultation fee (if any), their retainer, their hourly fees, and the length of your criminal case. If you want to know the cost of a specific criminal lawyer, the best step to take is set up an initial consultation. Call (757) 267-4949 to schedule a criminal defense consultation with Attorney Dan Miller and find out how he could help protect your rights and freedom!
    • When Should I Hire a Criminal Defense Lawyer?
      You should hire a criminal defense attorney as soon as possible after your arrest. It is highly advisable that you do not speak to anyone after you've been arrested until you have the representation of a criminal lawyer. This is to ensure that you don't incriminate yourself by saying something that will damage your defense.
    • Do I Need a Defense Attorney?
      Yes. If you have been arrested and are facing criminal charges, then it is in your best interests to hire a defense lawyer to represent you. Self-representation has a low success rate due to the complexity of Virginia criminal law. At The Law Offices of Daniel J. Miller, we are familiar with the local criminal courts, judges, and prosecutors. We have a strong success record and can help you build a strong defense strategy, no matter what charges you are facing. You should never go through this alone.
    • What Do I Do After an Arrest?
      Remember that just because you have been arrested, it does not mean that you are automatically guilty. Once you have been brought to the police station, the bond will be set. This means that you do not have to sit in jail while the process is underway; you are free to go home to wait for your arraignment. The purpose of bail is to ensure that you return to court for the arraignment. If you are unable to post bail, then you will be required to remain in custody until the arraignment. The amount will be determined by the courts and may depend on the type of charges filed.