Northern Virginia Criminal, Personal Injury, Estate Planning, and Family Law Attorneys

Livesay & Myers, P.C.

308 Wolfe Street
Fredericksburg, Virginia 22401
USA

(540) 370-4140

http://www.lawyers-virginia.com/index.html

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Law Firm Overview

Livesay & Myers, P.C. are experienced attorneys serving Richmond, Fredericksburg, Stafford, Manassas, Woodbridge, Fairfax and Northern Virginia. Our attorneys are dedicated to providing diligent representation and personal attention to each client. We provide bankruptcy, immigration, criminal defense, personal injury, construction law, estate planning, and family law representation to residents of Northern Virginia, Fredericksburg and Richmond. Livesay & Myers, P.C. opened its first office in Woodbridge, Virginia in March 2003, and followed with offices in Fredericksburg, Fairfax and Richmond, Virginia.

As the firm has grown, we have always held to one core principle: hard work wins cases. Our lawyers believe in doing the hard work before trial necessary to give our clients the best chance to win in court. As a law firm, we believe in maintaining a proper client-to-attorney ratio, so that each of our attorneys have sufficient time to devote to each case. This policy translates to the best chance of success for each client.

The current size and resources of the firm allow us to meet all our client's legal needs. Our goal is to establish personal relationships with our clients, and to be there for them each time they need an attorney. From criminal defense against DUI, traffic, criminal misdemeanor or felony charges, to guidance through a difficult divorce, to preparation of your permanent residence or other immigration paperwork, to litigation of your construction law claim, to negotiation of a fair personal injury settlement with insurance adjusters, to preparation of wills, trusts, or other estate planning documents, let us be there for you.

Year this Office was Established: 2003

Languages: English, Spanish

Practice Areas

Livesay & Myers, P.C. offers the strength and resources of a truly full-service law firm, with a team of lawyers experienced in the following practice areas:

- Construction Law

The construction law attorneys of Livesay & Myers combine litigation skills with a reality-based understanding of construction contracts, transactions, and duties. We diligently pursue the clients' interests with construction law related disputes. Our lawyers offer extensive construction law services to individuals and developers, construction managers, contractors, and others involved in the construction business. Our construction law services include:

Contract preparation, review, negotiation, and administration
General construction law advice
Litigation and arbitration of construction law claims and disputes

- Criminal Defense

The criminal defense lawyers at Livesay & Myers represent clients in Fairfax, Alexandria, Arlington, Manassas, Woodbridge, Stafford, Fredericksburg, Spotsylvania, Hanover, Henrico and Richmond, Virginia charged with any of the following:

Assault and Battery, Conspiracy Cases, Crimes Against Property, Disorderly Conduct, Drug Cases, Distribution, Possession DUI, DWI, Drunk Driving, Embezzlement, Federal Criminal Charges, Felonies, Grand and Petit Larceny, Juvenile Crimes, Misdemeanors, Sex Crimes, Aggravated Sexual Battery, Carnal Knowledge, Indecent Liberties With a Minor, Rape, Traffic, Reckless Driving, Driving on a Revoked or Suspended License, White Collar Crime

* Assault and Battery

Virginia law defines assault as separate from battery. An assault is the apprehension of a harmful or offensive contact, while a battery is the actual harmful or offensive contact. Thus, even if you did not actually make contact with the individual, you could still be found guilty of assault; but if you actually did make contact, you could be found guilty of assault and battery.

* Drug Crimes

The defense lawyers at Livesay & Myers, P.C. represent clients on drug charges of all types, including drug possession. The maximum penalties for possession of a controlled substance in Virginia are high, and warrant hiring an experienced criminal defense lawyer. Many drug possession offenses have mandatory minimums, giving judges little discretion on sentencing. Moreover, any Virginia drug possession conviction can result in a suspension of your driver's license.

* DUI and Traffic Offenses

The criminal defense attorneys at Livesay & Myers represent clients in Northern Virginia, Fredericksburg and Richmond charged with DUI, DWI drunk driving, reckless driving, driving on a revoked or suspended license and other traffic law offenses.

The terms DUI (driving under the influence) and DWI (driving while intoxicated) are used interchangeably in Virginia state courts. First offense DUI, DWI, Reckless Driving, and Driving on a Revoked or Suspended License are Class 1 Misdemeanors, carrying the possibility of up to one year in jail, under Virginia law.

* Embezzlement

Virginia law provides that "if any person wrongfully and fraudulently use, dispose of, conceal or embezzle any money, bill, note, check, order, draft, bond, receipt, bill of lading or any other personal property, tangible or intangible, which he shall have received for another or for his employer, principal or bailor, or by virtue of his office, trust, or employment, or which shall have been entrusted or delivered to him by another or by any court, corporation or company, he shall be guilty of embezzlement."

* Federal Criminal Law

The defense lawyers at Livesay & Myers, P.C. represent clients in Fairfax, Manassas, Woodbridge, Stafford, Fredericksburg, Spotsylvania, Hanover, Henrico and Richmond, Virginia on federal criminal charges in the following areas:

Asset forfeiture
Drug charges
Federal criminal appeals
Grand jury proceedings
Money laundering
Public corruption
RICO charges
Sexual offenses
Violent crimes
White collar offenses

* Felonies and Misdemeanors

Felony and misdemeanor crimes are distinguished under Virginia law by the maximum punishment one can receive for each. Felonies are crimes punishable by death or imprisonment for more than 12 months. Misdemeanors are crimes punishable by no more than 12 months in jail. Jail sentences for misdemeanors are served at local facilities (county or regional jails), while incarceration for felonies occurs in state correctional facilities (prison).

Certain crimes, such as grand larceny, are called “unclassified felonies,” because the punishment for conviction of these crimes is defined by the specific Virginia statute criminalizing the offense, vice the general guidelines described above.

* Grand and Petit Larceny

The criminal defense attorneys at Livesay & Myers represent clients in Northern Virginia, Fredericksburg and Richmond charged with grand larceny, petit larceny, and related offenses. Virginia law defines larceny or theft as a taking, not from the person, with the intent to permanently deprive the owner of the item. Virginia Code Sections 18.2-95 and 18.2-96 define whether the act will qualify as grand larceny or petit larceny.

The Virginia concealment statute, found at Virginia Code Section 18.2-103, makes the act of concealing or hiding goods or merchandise while in a store, prima facie evidence of the defendant’s intent to convert and defraud the owner of the value of the goods. Thus, merely concealing an item in a store may be sufficient evidence for an accused to be found guilty of grand or petit larceny, depending on the value of the item.

* Sex Crimes

Because of the harsh penalties set by state law, being charged with rape other any other sex crime in Virginia is a very serious matter, requiring specialized and aggressive legal defense. The criminal defense lawyers at Livesay & Myers represent clients in Fredericksburg, Woodbridge, Manassas, Fairfax, Richmond, Hanover, Henrico, and Stafford, Virginia on sex crimes charges. Our representation of clients charged with sexual offenses covers all stages of the criminal process, and a large number of sex crimes.

Our criminal lawyers have reputable relationships with psychologists and private investigators throughout Virginia, valuable in the defense against sex crimes charges. Use of such experts is sometimes required in cases where the alleged victim is a child or the defense is not able to obtain needed information through the limited discovery process in Virginia.

* Traffic Offenses

The criminal defense attorneys at Livesay & Myers represent clients in Northern Virginia, Fredericksburg and Richmond charged with DUI, DWI drunk driving, reckless driving, driving on a revoked or suspended license and other traffic law offenses.

The terms DUI (driving under the influence) and DWI (driving while intoxicated) are used interchangeably in Virginia state courts. First offense DUI, DWI, Reckless Driving, and Driving on a Revoked or Suspended License are Class 1 Misdemeanors, carrying the possibility of up to one year in jail, under Virginia law.

- Estate Planning

At Livesay & Myers, we understand that the complexity of estate planning may seem daunting, and that each individual has different estate administration needs. Therefore, our estate planning lawyers customize estate plans to meet your objectives. They take the time to sit down with you and discuss your financial goals. After learning about you as an individual, they will work with you to develop an estate plan that will meet your goals while maximizing income, minimizing taxes, and often avoiding probate.

With their training and active estate planning practice, our Virginia estate planning attorneys can offer a wide range of services that will help you maximize your estate. Whether you are in the upper or lower income bracket, their experience will allow you to plan for your estate to gain the maximum benefit of all laws, while carrying out your economic and inheritance wishes. Together, you and our estate planning lawyers can work to discover the best plan for your situation.

Our Virginia estate planning attorneys can assist you in preparing a Living Will or Advance Medical Directive which will allow you to state what you want for your own medical care if you are unable to make decisions for yourself.

* Probate

Probate refers to the procedure for settlement of the estate of a deceased person. In Virginia, for most estates, no judge or jury will be needed and a court appearance will not be necessary. However, handling the administration of an estate can be a complicated and tedious task that could result in personal liability if the executor appointed does not perform the duties of executor properly. If you need a probate lawyer for the administration of an estate in Woodbridge, Manassas, Stafford, Spotsylvania, Henrico, Hanover, Richmond and Fredericksburg, Virginia, call Livesay & Myers today.

- Family Law

The family lawyers at Livesay & Myers are experienced in handling every sort of family law matter in the Commonwealth of Virginia:

Adoption, Annulment, Child Custody and Visitation, Child Relocation, Child Support, Divorce, Adultery, Contested Divorce, Uncontested Divorce, Equitable Distribution, Military Divorce, Military Retirement, Military Disability, Survivor Benefit Plan, Name Change, Premarital Agreements, Protective Orders, Separation Agreements

* Child Custody and Visitation

The custody and visitation lawyers at Livesay & Myers represent clients in Woodbridge, Fairfax, Manassas, Stafford, Spotsylvania, Hanover, Henrico, Richmond and Fredericksburg, Virginia. They understand that issues concerning child custody and visitation are among the most emotional and difficult issues in the law. Your case is too important not to have an experienced Virginia custody lawyer on your side.

Virginia law allows any "person with a legitimate interest " to petition for custody or visitation. The Virginia Code specifically defines "persons with a legitimate interest" to include grandparents. Our lawyers are experienced in representing grandparents in custody and visitation disputes, particularly where both parents are unfit or "out of the picture" for one reason or another.

* Child Relocation

Whether you are the parent who wishes to relocate or the parent who seeks to prevent your child’s relocation, remember that there are never any guarantees as to what the court will decide. If you are the non-custodial parent, it will be important to present as much evidence of your positive relationship with your child, and steady involvement in the child’s life, as possible. If you are the custodial parent, you will need to provide the court with as many reasons as possible why the relocation will be in the child’s best interest, while describing for the court in detail what the child’s life will be like in his or her new location.

* Divorce

Our attorneys are experienced in handling both civilian and military divorces, including adultery cases, property distribution, retirement division, alimony, spousal support, child support, and child custody and visitation. Virginia law allows divorce on either fault-based or "no-fault" grounds.

Virginia law allows for divorce on the following fault-based grounds:

Adultery
Sodomy or "buggery" committed outside the marriage
The conviction of one spouse of a felony, in some situations
Cruelty (mental or physical)
If one spouse terminates all sexual relations with the other spouse, and fails to perform any marital duties (such as yard work, cooking, cleaning, etc.), that spouse may be found to have "constructively deserted" the other spouse

Virginia law allows for divorce on the no-fault grounds of (1) separation for at least twelve months, or (2) separation for at least six months, with a separation agreement and no minor children.

* Military Divorce

In Virginia, military divorce cases offer special challenges for every attorney. Such cases involve a complex convergence of federal and state laws. Few lawyers in Northern Virginia fully understand these rules. However, the military divorce lawyers at Livesay & Myers, P.C. are intimately familiar with issues of military retirement, the Uniformed Services Former Spouses Protection Act, the Survivor Benefit Plan, disability pay, and the Service members' Civil Relief Act.

* Separation Agreements

Our attorneys are very experienced in the drafting and negotiation of separation agreements. You may decide to hire our Virginia family law attorneys to draft a separation agreement for you. Alternatively, your spouse might hire an attorney to draft such an agreement, in which case you may have one of our family lawyers review the agreement with you, and suggest necessary changes to the document, before signing it. In that event, you may also decide to retain our attorneys to negotiate changes in the agreement with your spouse's attorney.

* Uncontested, No-Fault Divorce

The divorce lawyers at Livesay & Myers can process your uncontested divorce quickly and at low cost. Where the parties already meet one of the grounds stated above, and have no outstanding custody, support, or property issues to be resolved, our processing time for uncontested divorces is a matter of weeks, not months.

- Immigration Law

Immigration law is, to the say the least, a complicated area, requiring navigation of the enormous U.S. Citizenship and Immigration Services ("USCIS") bureaucracy. By choosing an experienced and diligent immigration law attorney, you can give your application for permanent residence, citizenship, or a nonimmigrant visa the greatest chance of success. And, if you are placed in removal or deportation proceedings, the right attorney can give you the best chance at obtaining one of the available forms of relief, e.g., Asylum, Withholding of Removal, Cancellation of Removal, Temporary Protected Status, or Voluntary Departure. If you are seeking a family or employment based green card, it is important that you consult with an experienced immigration attorney early in the process. The process for obtaining lawful permanent residence ("green card") status based on employment is composed of three phases: (1) the labor certification; (2) the visa petition; and (3) the application for permanent residence.

- Personal Injury Law

The personal injury lawyers at Livesay & Myers, P.C. hold to one core principle: hard work wins cases. Our lawyers believe in doing the hard work before trial necessary to give our clients the best chance to win in court. As a law firm, we believe in maintaining a proper client-to-attorney ratio, so that each of our attorneys have sufficient time to devote to each case. This policy translates to the best chance of success in court for each client. And, by being prepared to take each case to trial if needed, we are able to negotiate with the insurance companies from a position of strength, to achieve fair settlements for most of our clients without having to go to court.

* Automobile Accidents

Every auto accident victim should at least speak with a lawyer. The insurance company will not take you seriously until you retain an attorney. Without a lawyer, you are not really prepared to take legal action against the insurance company, and are therefore not a threat to them. However, with an experienced law firm on your side, you can receive the compensation for your injury that you deserve.

Additional Practice Areas: Deportation, Drug Possession Public Corruption, Misdemeanors, Grand Larceny, Petit Larceny, Child Relocation, Sex Crimes against Children, Military Divorce, No-Fault Divorce

Partners

Mr. James D. Livesay
Attorney
Family Law

Associates

	Mr. Benjamin H. Carafiol Associate Adoption, Alimony, Bankruptcy, Child Support and Custody, Debtor and Creditor		Cherish L. Hadley-Njewel Associate Adoption, Alimony, Child Support and Custody, Child Visitation, Divorce
	Ms. Ghislaine M. Storr Attorney Criminal Law