Legal Articles

a red toolbox

Video Discussion: Tools of the Trade

In the fifth episode of our firm’s video web series, which can be viewed below, firm owner John P. Fishwick, Jr., and firm investigator Isaac Van Patten are pleased to present an exclusive, behind the scenes look at the legal and investigative tools used by our firm to ensure that we build the strongest possible case…
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New Laws on the Books

Video Discussion: Changes to Virginia Law for 2020

In the fourth episode of our firm’s video web series, which can be viewed below, firm owner John P. Fishwick, Jr., and firm investigator Isaac Van Patten are joined by Senator Creigh Deeds (D-25), a member of the Senate of Virginia who has represented the 25th district (Charlottesville, Albemarle County, Alleghany County, Bath County, Highland County,…
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Treasure chest

Video Discussion: Treasure Law

Fishwick & Associates is pleased to present our very special third episode of our firm’s video web series, Treasure Law; or, if you prefer, Fishwick & Associates and the Temple of Zoom. In this more lighthearted episode, which can be viewed below, firm owner John P. Fishwick, Jr., associate attorney Daniel J. Martin, firm investigator…
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U.S. Constitution

Video Discussion: Legal Challenges to Virginia’s Emergency Shutdown Order

In the second episode of our firm’s video web series, which can be viewed below, firm owner John P. Fishwick, Jr., associate attorney Daniel J. Martin, and firm investigator Isaac Van Patten discuss legal, constitution-based challenges to executive orders issued in response to the COVID-19 epidemic, and how courts are responding to these disputes. To…
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Introducing Our YouTube Channel

Fishwick & Associates is pleased to announce our new YouTube channel, where we will regularly post videos discussing our firm, developments of the law, and other areas of interest. In the first episode, which can be viewed below, firm owner John P. Fishwick, Jr., and firm investigator Isaac Van Patten discuss how Fishwick & Associates…
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U.S. Constitution

COVID-19 Restrictions and the First Amendment

For the past several weeks, COVID-19 or novel coronavirus has spread throughout the United States, contributing to an unprecedented pandemic. From school to work to where we shop and eat, this serious disease impacted almost every facet of our daily lives. State governments have responded to COVID-19 in various ways, including through executive orders. These…
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A smartphone in a vehicle displaying a ridesharing app.

Automobile Accidents Caused by Uber or Lyft Drivers: Who is Responsible?

In the past, determining responsibility for an automobile accident was relatively straightforward. If someone driving their own personal vehicle caused an automobile accident, that person was responsible. If someone driving a company vehicle or a taxicab caused an automobile accident, not only the driver but the entity they were employed by was responsible as well.…
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accommodation

The Accommodation Defense in Drug Distribution Cases

Giving, distributing, or possessing with intent to give or distribute a controlled substance is a serious crime in Virginia, which may result in up to 40 years imprisonment and a fine of $500,000.00 per charge. Not all drug distributions are alike, however. Virginia law recognizes that a seller of drugs should not be treated the…
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contributory negligence

Contributory Negligence in Virginia

Imagine you are in an automobile accident on Interstate 81, just outside of Roanoke, Virginia. Another driver is texting on their phone, not paying attention, and speeding. At the same time, you simply forget to put your turn signal on before merging. Your vehicle and the other driver’s vehicles collide, causing you to sustain serious…
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Zoning

How to Challenge a Zoning Decision

Virginia Code § 15.2-2280 et seq., grants localities the power to enact zoning ordinances, which can include provisions related to a number of zoning matters, such as rezoning properties, granting special exceptions or variances, and administering and enforcing zoning matters. Final zoning decisions are typically made by either the local governing body or a board…
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Accord and Satisfaction, Misdemeanor, Criminal

Can I Settle a Misdemeanor Out of Court in Virginia?

If you’re facing misdemeanor criminal charges in Virginia, you may be eligible for a unique form of dismissal, called “accord and satisfaction.” Rather than face prosecution, the court closes your case because you made it right with the victim—either through financial compensation or some other form of consideration. Many people are surprised to find out…
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New Laws on the Books

Considerations in Defending a Drug Charge

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…
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Denied Coverage After an Accident? Consider a Declaratory Judgment

After a car accident, the last thing you want is a denied insurance claim. Unfortunately, many victims face unwanted red tape, delays, and unreasonable denials. While a jury trial is sometimes necessary to resolve these issues, a declaratory judgment action may efficiently resolve coverage disputes. In this blog, Fishwick & Associates explains the essentials of…
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Outside Counsel for Internal Investigations and Cold Cases

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…
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Medical Malpractice in Virginia

A Guide to Injuries and Damages in Virginia Medical Malpractice Cases

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…
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: Title IX and employment discrimination

Title IX and Employment Discrimination

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…
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hazing injury lawyer

Virginia’s Hazing Statute Provides Criminal Penalties and Enables Civil Claims

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…
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marijuana possession

Arrested for First-Time Possession of Marijuana in Virginia? Know Your Options

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…
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Drunk driver Virginia, drunk driving attorney Virginia

What to Do If You Were Hit by a Drunk Driver in Virginia

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…
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Self-defense Virginia, Virginia self-defense law

When is Self-Defense in Virginia a Crime?

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…
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