Legal Articles

Sometimes it is desirable to resolve criminal misdemeanor charges through an accord and satisfaction. By statute in Virginia, misdemeanor criminal charges such as assault and battery, as well as other misdemeanor charges for which there is a civil remedy, such as trespass or obtaining money by false pretenses, may be resolved through an accord and…

Drug offenses are serious crimes, often with significant penalties, including mandatory minimum sentences. What are some of the important questions to consider for an individual facing drug charges? What are some of the issues a criminal defense attorney explores when defending a client charged with a drug offense? Because the penalties for drug offenses can…

After a car accident, the various insurance companies involved ideally will pay the claims in a timely manner, compensating the injured parties appropriately for their injuries and property damage. However, a dispute can sometimes arise among the parties involved and their insurance companies. The insurance company may claim that the accident is not covered under…

Rely on Fishwick & Associates as Outside Counsel for Internal Investigations When a corporation, municipality, or religious entity needs to investigate wrongdoing within the organization, for example, fraud or the mishandling of events, they may be tempted to conduct their own investigations with in-house counsel or investigators. But that may be a mistake. Instead, such…

Medical malpractice occurs whenever a healthcare provider deviates from the standard of care in his or her profession, and as a result, causes an injury. In this article, we explain what injuries are compensable under Virginia’s medical malpractice laws, and what damages plaintiffs can recover for those medical malpractice injuries. What Is Medical Malpractice? Medical…

In the same way that educational institutions and school systems must not discriminate in their treatment of men and women’s sports programs, educational institutions and school systems that receive federal funds cannot discriminate on the basis of sex in employment. Accordingly, in appropriate circumstances, a claim under Title IX for employment discrimination, either on its…

The dictionary defines hazing as “an initiation process involving harassment.” That definition does little to capture the humiliating, abusive, and dangerous acts that are associated with hazing in American universities and high schools. Nor do media depictions of hazing, from the comparatively tame Animal House to the raunchier Old School, adequately reflect the reality of…

Despite changing attitudes across the nation, possession of marijuana remains a serious offense in Virginia. Under Virginia law, you cannot knowingly or intentionally possess marijuana, with a few exceptions.   A conviction for marijuana possession is a misdemeanor and may result in up to a 30-day jail sentence and a $500 fine. Even worse, subsequent convictions for possession of marijuana become a…

Drunk driving remains a serious problem in Virginia. According to the Virginia Department of Motor Vehicles, there were 7,285 crashes involving a drunk driver in 2017, killing 248 people and injuring another 4,430. If you or a loved one suffered injuries in a drunk driving accident, it’s in your best interest to consult with an…

In Virginia, the law allows you to defend yourself, your family, and your home when you are facing an imminent threat. However, there are limits to your right to self-defense, and the laws surrounding self-defense are complex. In some cases, people unknowingly cross the line in their efforts to keep themselves safe. Keep reading to…

Pleading no contest, also known as nolo contendere, can be a good option for some people facing criminal charges in Virginia. However, many people choose to plead no contest without understanding what it actually means or what the repercussions are. If you’re in a tough legal position and are considering your options, keep reading to…

It was a case that had it all.  A university closure, 176 individual clients, multiple class actions, fraud claims, breach of contract claims, consumer protection claims, shifting venues, a mass litigation panel with three dispute judges and three resolution judges, a declaratory judgment action for insurance, association with local counsel, a loose confederation of plaintiffs’…

TALKING POINTS – Laura Wagner, ESQ. I.  BACKGROUND A.  After the Revolutionary War, James Madison, Alexander Hamilton and George Washington feared the country was on the brink of collapse.  Existing constitution, The Articles of Confederation, was not sufficient. B.  Organized a Constitutional Convention to meet in Philadelphia in summer of 1787. C.  The framework of the…

After a catastrophic car accident with a drunk driver, you may face significant medical expenses, lost wages, pain and suffering, and uncertainty about your future. However, you could also be entitled to punitive damages, which aim at punishing the drunk driver and discouraging similar misconduct. Unfortunately, many drunk driving victims don’t demand punitive damages in their injury…