Recent Blog Posts
What Do I Need To Apply for a Marriage Green Card?
If you are married to a U.S. citizen or lawful permanent resident, you may be eligible to live permanently in the United States through a marriage-based green card. The process can be complex, and any mistakes with the application could delay your approval. A Merrifield, VA immigration attorney can guide you through the process, which involves proving both the authenticity of your marriage and your eligibility under federal immigration laws.
Who Can Apply for a Marriage-Based Green Card?
You may apply for a marriage-based green card, known as a spousal visa, if you are legally married to a U.S. citizen or lawful permanent resident and meet certain immigration requirements. Under 8 U.S.C. § 1151(b)(2)(A)(i), the spouse of a U.S. citizen is considered an immediate relative. That means these applications are not subject to the same waiting lists or quota restrictions that apply to many other family-based visas. However, spouses of lawful permanent residents fall under the family preference category, which could involve some waiting time.
Can I Sue a Contractor in Maryland?
Hiring a contractor should make home renovations or construction projects easier, not more stressful. But what happens when the work is incomplete, defective, or not done at all? In Maryland, homeowners and property owners have legal options when a contractor fails to meet expectations. If you are dealing with shoddy work, missed deadlines, or a contractor who took your money and disappeared, you may be able to sue. Speaking with a Montgomery Village, MD construction law attorney can help you understand your rights and the next steps.
When Can You Sue a Contractor in Maryland?
In Maryland, you can sue a contractor if they break the terms of your agreement or violate state laws. Common reasons for suing include:
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Poor-quality or unfinished work
How Is Property Divided in a Virginia Divorce?
Going through a divorce is never easy, and dividing property makes it even more challenging. In Virginia, the law follows a system called equitable distribution. This means the court aims to divide marital property fairly. What is fair depends on many factors, including each spouse’s contributions, debts, and needs. Understanding how property is divided can help you set realistic expectations for your divorce. For help protecting your interests, speak with an experienced Lincolnia, VA divorce attorney.
How Does Equitable Distribution Work in Virginia?
The equitable distribution process, outlined in Virginia Code § 20-107.3, starts by identifying which assets are marital and which are separate. Marital property includes most assets and debts acquired during the marriage. They can be in either spouse’s name. This can include income, retirement accounts, cars, and real estate purchased during the marriage. Once the classification is made, the court considers several factors to divide marital assets fairly. These factors can include:
Can You Overturn a Criminal Conviction With New Evidence in Maryland?
Overturning a criminal conviction with new evidence is possible in Maryland, but it requires meeting strict legal standards. If you have discovered new facts that could prove your innocence or cast serious doubt on your guilt, Maryland law provides a way to bring that evidence forward, even after the trial has ended. A Lingnore-Bartonsville, MD criminal defense attorney can help you understand and navigate this process.
What Does Maryland Law Say About Post-Conviction Relief?
In Maryland, if you were convicted of a crime, you can seek relief through a post-conviction petition. This process allows you to ask the court to review your case if there is newly discovered evidence. Under Maryland Criminal Procedure § 7-103, a petition for post-conviction relief must typically be filed within three years of the finalized conviction. However, when the issue involves new evidence that could not have been discovered earlier with reasonable effort, courts will often allow a late petition. Additionally, Maryland Criminal Procedure § 7-104 states that the court may reopen a case after a conviction if it believes it is in the interests of justice.
Can I Sue for Pain and Suffering After a Virginia Car Accident?
Car accidents often leave more than just physical injuries. Many people deal with ongoing pain, emotional trauma, and disruptions to daily life. In Virginia, the law recognizes these struggles and allows you to seek compensation for pain and suffering with a personal injury claim.
Securing this type of compensation can be complex, especially because pain and suffering damages are not tied to exact dollar amounts like medical bills or property damage. Working with a Tysons, VA car accident lawyer can be invaluable when seeking fair compensation after a crash.
What Counts as Pain and Suffering in Virginia?
Under Virginia law, pain and suffering includes both physical pain from injuries and emotional distress, such as anxiety, depression, loss of enjoyment of life, and mental anguish. Daily activities, hobbies, relationships, and overall quality of life can all be affected. Even injuries that seem minor at first can cause lasting discomfort or emotional distress. Each person’s experience is unique. Careful documentation and medical evidence can help prove non-economic losses, like pain and suffering.
Remedies for Building Contractor Payment Issues in Maryland
Payment disputes are common for general contractors, subcontractors, and builders. People may use a variety of excuses to justify not paying on time. If you are dealing with a client who refuses to pay, Maryland construction law offers several payment remedies. These laws may be complex, but a knowledgeable attorney can help.
The most obvious solution is to bring a legal action for breach of contract. You may be able to negotiate terms to your advantage. However, that is not the only option in Maryland. An experienced Rockville, MD contractors’ rights attorney will assess the details of your dispute to determine the best solution for you.
What Is Maryland’s Mechanics’ Lien Law?
Instead of relying solely on a breach of contract claim, you can seek payment by placing a lien directly on the property where you completed work and used your materials. Under Maryland Code § 9‑102, this lien can help recover payment by forcing the sale of the property if necessary. Even if you do not have a direct contract with the property owner, you may still qualify to file a lien. However, you must follow strict deadlines and notice requirements to enforce this remedy.
How Do You Appeal a Criminal Conviction in Virginia?
Being convicted of a crime is devastating, but in Virginia, a conviction does not necessarily have to be the end of the road. If you believe an error occurred during your trial you may have the right to appeal the decision. The appeals process requires careful attention to deadlines and procedures and if you hope to appeal, you will benefit immensely from the assistance of the experienced Tysons Corner, VA criminal defense attorneys at Salvado Law Offices.
Understanding What an Appeal Is and Is Not
Not every unfavorable outcome justifies an appeal. Virginia courts will consider appeals based on legal errors that occurred during your trial, such as improper jury instructions, incorrectly admitted or excluded evidence, prosecutorial misconduct, or ineffective assistance of counsel. The appeals court will not simply reconsider the facts of your case because you disagree with the verdict. Instead, they focus on whether legal mistakes affected the fairness of your trial.
What Can Contractors Do About Unpaid Work?
Late payments or unpaid work may be common in construction, but that does not make this any less frustrating. Contractors and subcontractors in the construction industry have tools at their disposal to help them obtain payment from delinquent customers. These range from "friendly reminders" to more aggressive legal tools. Understanding your legal options can help you recover what you are owed and protect your business from future payment problems. An experienced Rockville, MD construction law attorney can protect your business by ensuring that you receive payment owed for your work.
What to Do If You Have Not Been Paid as a Contractor in Maryland
Review Your Contract
Start by reviewing your agreement. In Maryland, even oral contracts can be enforceable, though written contracts are easier to prove. Make sure payment terms, scope of work, and due dates are clearly outlined. If there is no formal contract, save emails, invoices, or text messages that show the agreement and the work completed.
Can You Sue Someone for Assault or Battery in Maryland?
While assault and battery are criminal charges that a prosecutor can file against the perpetrator, if you have been the victim of this type of crime, you may also be able to file a civil lawsuit to recover damages. Civil lawsuits for damages after assault are separate from any pending or prior criminal proceeding, and you may file such a lawsuit whether or not criminal charges have been filed.
The goal of such a suit is to recover monetary damages for the intentional act that caused you injuries. An experienced Rockville, MD personal injury attorney can represent you in a lawsuit to recover damages from an assault or battery.
Assault and Battery in Personal Injury Lawsuits
Most personal injury lawsuits are the result of negligence, but assault and battery are separate and distinct "intentional torts." In Maryland, assault occurs when someone intentionally causes another to fear immediate harmful contact, while battery involves actual unwanted physical contact. Either assault or battery alone can form the basis of a lawsuit.
How Can Mediation Help Resolve Business Disputes?
Business owners often find themselves negotiating the prospect of using litigation to resolve disputes that arise in the course of doing business. Unfortunately, litigation is expensive and lengthy and it can disrupt business relationships.
Although occasionally litigation is ultimately the right path to resolve a breach of contract, a disagreement with a business partner, or redress for unpaid fees, disputes can also sometimes be resolved via alternative dispute resolution (ADR) methods.
One type of ADR is mediation, a straightforward and collaborative process to resolve business disputes outside litigation. An experienced Tysons Corner, VA business dispute attorney can represent you if your business seeks to mediate a business dispute.
How Does Mediation Work in a Business Context?
During mediation, an impartial mediator guides the parties to help them arrive at an agreement that resolves their dispute. Often the parties are independently represented by legal counsel, who may or may not be present at the mediation.