Blogs from December, 2018

The process couldn’t be simpler or more convenient: with just a few clicks of a mouse, a customer can order prescription drugs from an online pharmacy without ever setting foot in a doctor’s office. Sometimes, no prescriptions are needed, and no questions are asked. But the package shipped to the customer’s doorstep may not meet their expectations; in fact, it could be a one-way ticket to the emergency room.

Many illegal, or “rogue,” pharmacy websites commonly sell counterfeit and/or incorrectly prepared prescription medications and controlled substances. According to the National Association of Boards of Pharmacy (NABP), approximately 96% of online pharmacies are noncompliant with federal laws and fail to meet the NABP’s safety and practice standards.

INTERPOL has been working with the federal government to organize operations targeting these illegal pharmacies, particularly because these websites sell drugs that have not been approved by the FDA. George Karavetsos, director of the FDA’s Office of Criminal Investigations, has previously stated, “Preventing illegal Internet sales of dangerous unapproved drugs is critical to protecting consumers’ health.” Back in 2017, Operation Pangea X resulted in 400 arrests, the end of 3,584 websites, and the seizure of more than $51 million worth of dangerous medicines. 

The Penalties

There are various criminal charges associated with operating an illegal pharmacy website. For example, in January 2017, a former police officer, Juan Gallinal, was arrested for being the leader of an online pharmacy that illegally sold narcotic pills and prescription drugs. Gallinal and his coconspirators used physicians’ names and DEA numbers to illegally procure these drugs. He also charged customers nearly 10 times the actual price! Gallinal was charged with: conspiracy to distribute controlled substances by means of the Internet; conspiracy to commit money laundering; conspiracy to introduce misbranded prescription drugs; and destruction, alternation, and concealment of records. Gallinal was ultimately sentenced to 8 years in prison.

If you’ve been arrested for conspiracy to distribute controlled substances, you need to hire an experienced attorney immediately. Otherwise, you could face the following penalties:

• Mandatory prison sentence
• Exorbitant fines
• Denial of federal benefits
• Forfeiture of personal property and real estate related to the crime

Arrested for a Drug Crime? Schedule a Consultation

If you’ve been charged with a drug crime, contact The Law Offices of Daniel J. Miller. Our firm has been able to secure countless charge reductions, acquittals, and dismissals for clients facing life-altering convictions. By thoroughly investigating your case, we can examine your defense options and develop an effective legal strategy that safeguards your freedom.

Contact The Law Offices of Daniel J. Miller at (757) 267-4949">(757) 267-4949 to schedule a free consultation.

A criminal record can have a detrimental impact on your future. Sadly, many people are burdened by the mistakes of their youth and are forced to live with the consequences well into adulthood. A criminal record can impact a person’s ability to get a job, pursue an education, request a loan, and even purchase property.

But should the quality of someone’s life be tarnished by youthful missteps like underage alcohol possession?

New Expungement Opportunities

Fortunately, Lynchburg delegate Mark Peake has filed Senate Bill 1037 in preparation of the 2019 legislative session.

If Senate Bill 1037 is ratified, Virginia residents will be able to pursue expungements for:

• Underage alcohol possession
• Using a false ID to obtain alcohol

When you file a petition for expungement, you’re essentially asking the court to “erase” specific arrests, charges, or convictions that define your criminal record. Legally, it’s as if the offense was never committed. Your prior criminal history won’t even show up on any background checks unless you’re applying for certain caregiving roles or a government position. This can be a complicated legal procedure, so it’s important to retain the services of an aggressive and experienced attorney.

Interested parties will only be able to file petitions under the following conditions:

• The offense occurred prior to the petitioner’s 21^st birthday
• The petitioner is at least 21 years old
• The petitioner has no other alcohol-related convictions
• All court costs, fines, and restitution have been paid

Learn More by Scheduling a Consultation

At The Law Offices of Daniel J. Miller, we don’t believe that the circumstances of your past should define the course of your future. If you’re interested in petitioning for an expungement, contact our attorney to schedule a free consultation. We can review your case and determine if you qualify to have your record expunged.

We also provide legal services for youths facing charges relating to underage possession of alcohol. If your child requires legal representation, we can investigate their case and develop a results-driven strategy that is tailored to their unique circumstances. Our legal team can work relentlessly to protect your child’s freedom and future. 

We have offices located in Virginia Beach, Chesapeake, Norfolk, and more! Contact The Law Offices of Daniel J. Miller at (757) 267-4949 to schedule a free consultation.

During the divorce process, you may have agreed to pay spousal support as part of your marital settlement agreement. Unfortunately, Virginia doesn’t offer a statement formula for determining the amount or duration of support. The American Academy of Matrimonial Lawyers recommends this guideline: “the duration of the award is arrived at by multiplying the length of the marriage by the following factors: 0-3 years (.3); 3-10 years (.5); 10-20 years (.75); 25 years permanent alimony.” While this guideline is helpful during the negotiation process, the final determination truly depends on the circumstances of your marriage and the judgment of the court. If the court awarded spousal support to your ex, they may have formulated the amount based on Virginia Code § 20-107.1. 

This answer may depend on the type of spousal support ordered by the court:

• Rehabilitative spousal support only lasts for a specific length of time. These support payments can give your spouse time to find a better-paying job or pursue beneficial educational opportunities. It can also be awarded if your ex is waiting to rejoin the workforce because they are dedicated to raising your children full-time. In certain cases, your ex may have needed to explain their plan to the court to receive rehabilitative spousal support.
• Permanent spousal support continues indefinitely and only ends if the receiving spouse remarries, cohabitates with a romantic partner, or passes away.    

While the idea behind spousal support is sound, the reality is very challenging for paying parties. Some exes even need to rely on their new spouses to make their monthly payments. You can probably imagine how that conversation went! In other circumstances, exes simply aren’t prepared to pay spousal support. For example, even if your former spouse initially agreed to waive spousal support, they may request a modification if their financial situation changes or they face a medical emergency.

Modifications

The amount of time you need to pay spousal support depends on the circumstances of your marriage and the terms set by your marital settlement agreement. Of course, the court understands that providing spousal support each month isn’t easy. In fact, you may need to modify or terminate your order if your personal or financial circumstances significantly change. After all, you can’t reasonably be expected to pay financial support to your ex if you lose your job. This doesn’t, however, mean that you can just stop providing payments. If you need to change the duration or amount of your spousal support order, you need to contact an attorney to discuss your legal options.

Have Question? Need a Modification? Schedule a Consultation

Contact The Law Offices of Daniel J. Miller if you have questions or concerns about your spousal support order or marital settlement agreement. Our lawyer has a comprehensive understanding or divorce and family law. During your consultation, we can assess your case and thoroughly explain your legal options.

Contact The Law Offices of Daniel J. Miller at (757) 267-4949">(757) 267-4949 to schedule a free consultation.