Criminal Defense and Personal Injury Blog | Leiva Law Firm

Can an Assault & Battery Charge Be Dropped in Virginia?

Yes, an assault and battery charge can be dropped in Virginia, but not by the person you might expect. Only the Commonwealth’s Attorney (the prosecutor) can request that an assault and battery charge be dismissed, and only a judge can approve that request. The victim cannot drop the charge, even if they no longer want […]

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Should You Accept a Traumatic Brain Injury Settlement Offer?

In most cases, the answer is: not yet. A traumatic brain injury settlement is one of the most consequential financial decisions you will make, and it is permanent. Once you sign a release, you cannot reopen the case, even if your condition worsens or new symptoms appear years later. Before you accept, you need to […]

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What to Do If You Get a Reckless Driving Ticket in Virginia

If you just received a reckless driving ticket in Virginia, the most important thing to understand is that you cannot simply pay it and move on. Unlike a standard speeding ticket, reckless driving in Virginia is a Class 1 misdemeanor. That is the same criminal classification as DWI/DUI, assault and battery, and petit larceny. You […]

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How to Win a Medical Malpractice Case in Virginia

Winning a medical malpractice case in Virginia requires more procedural precision than almost any other type of personal injury claim. Before you can even file a lawsuit, you need a written expert opinion confirming that your healthcare provider deviated from the standard of care. You have two years from the date of injury to file. […]

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Common DUI Defenses in Virginia: What Actually Works

The defenses that actually work in Virginia DWI/DUI cases come down to attacking the evidence and the procedure: challenging the legality of the stop, probable cause for the arrest, raising calibration and maintenance issues with the intoxilizer breath testing machine, exposing flaws in field sobriety test administration, and identifying gaps in the prosecution’s proof of […]

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