The Daugherty Law Firm FAQs

Criminal
Divorce

When am I under arrest?

When police officers:

• Take you into custody
• Restrict your freedom of movement due to suspicion of a criminal act
• Read your Miranda rights

If you are arrested, contact The Daugherty Law Firm to handle your criminal defense.

Can police arrest me without a warrant?

Yes. If you commit a crime in the officer's presence or if a credible person reports that you committed a felony and are about to escape, an officer may arrest you without a warrant. If you or your property is searched without a warrant and the above circumstances do not apply, call the lawyers at The Daugherty Law Firm today.

If police question me, what are my rights?

• You have the right to remain silent
• Whatever you say can be used against you in court
• You have the right to talk to a lawyer before answering questions
• You have the right to have an attorney present when answering questions
• If you decide to answer questions, be truthful
• You may stop answering questions at any time

Can an officer detain me without arresting me?

If you are not under arrest, the police cannot keep you or force you to answer questions. You may have to identify yourself and provide an alibi. If an officer thinks you are armed, the officer may search you. You do not have to answer questions.

What property can an officer search?

Officers may conduct a limited search of your home without a search warrant if you are arrested. The police may seize any incriminating evidence and check the house for potential threats to an officer's safety.

If you give the police consent to search your car, the officers will completely search your vehicle. Without permission, the officers cannot thoroughly search the car unless there is incriminating evidence or weapons in plain sight.

If there is probable cause, the police may search any grounds at any time.

How much does a divorce cost?

Every relationship is different, and the complexity of each relationship informs the cost of the proceedings. Each dispute must be examined, and disputes contribute to the complexity of the case. If the divorce has many components, it can get expensive.

How long do divorce proceedings take?

The duration of each divorce varies. Depending on the complexity of the case and compliance of the parties involved, divorce proceedings can span anywhere from two months to more than one year.

Do I need to provide a reason for divorce?

A reason commonly cited is "irreconcilable differences," sometimes referred to as a no-fault divorce. In this case, all attempts to reconcile differences have been unsuccessful and both parties tried separating for a time. Other grounds include:

• Physical abuse
• Mental abuse
• Natural impotence
• Adultery
• Desertion
• Drug use
• Murder attempts on a spouse
• Felony conviction
• Transmission of a sexually transmitted disease between spouses

How are child support payments determined?

Child support is calculated by examining several factors:

• Number of minor children
• Income of each parent
• Out-of-pocket expenses to provide health insurance
• Cost of work-related daycare
• Other factors

Click here to view a child support calculator for families in Virginia.

The attorneys at The Daugherty Law Firm will ensure that each party pays or receives a proper amount of child support.

What factors are considered by the court in determining spousal support?

Spousal support is determined by considering:

• Age of the spouses
• Income of each spouse
• Duration of the marriage
• Standard of living during the marriage
• Earning capacity of each party
• Other factors that the court finds applicable

For any other questions about criminal charges, family law proceedings, and personal injury or wrongful death lawsuits, contact the lawyers at The Daugherty Law Firm today.

We offer reasonable fixed fee arrangements and accept major credit cards.