Criminal Defense

We handle all types of criminal and traffic defense matters, in both state and federal court. Whether it is a DUI or traffic matter, or something even more serious, you cannot delay. You should contact and retain the services of a good trial attorney at once. Although we sometimes think we know better, people who are charged with an offense by the government that threatens to take their liberty, have an absolute constitutional right to silence, which they seldom invoke. Do not talk with anyone, including police, family, friends or strangers until you have spoken with a lawyer and then thereafter, only to whom your lawyer deems it necessary and appropriate.

Also, you should avoid anymore trouble occurring while your case is pending, as you do not want to compound your current situation any further.

Criminal charges, depending on their severity, can take months to resolve. During that time, motions must be drafted and argued, evidence and witness testimony must be investigated, defense trial preparations must be undertaken in anticipation of trial. Some criminal matters are resolved favorably before trial, but others must be tried to either a judge or to a jury of your peers. We thoroughly prepare our criminal cases for trial.
Bird & Stanley has its own private investigator on its staff, Mr. Ronnie Thompson, an experienced retired law enforcement officer who handles all criminal defense investigation matters. We also utilize scientific and other expert witnesses who are the best in their fields of expertise. Bird & Stanley has previously obtained the services of renown footwear expert William Bodziak, famed pathologist Dr. Michael Baden, criminologist Gary A. Rini, MFS, DABFE and handwriting expert pioneer Harvey Kittles, to name just a few. The firm has handles many criminal jury trials and high profile matters for its clients every year.

What to do - In A Civil Dispute:

Unfortunately, disagreements arise in a civilized society. Whether it's a disagreement with a neighbor, business associate or major corporation, one hopes to resolve all matters amicably and without need of legal process. Sometimes that can be achieved with or without a lawyer; sometimes, your dispute requires the assistance of a
qualified trial attorney.

If a civil disagreement arises, do the following:

1. Collect all documents, evidence, and names of witnesses that support your side of the dispute (you should document your issue as best you can.);
2. At the point at which the matter cannot be resolved without the assistance of a lawyer, cease direct communications with the other side;
3. Remember, time can be critical, so do not delay in pursuing a resolution of your matter in the Courts. The law that redresses your claim also has a limitation period that will limit the time that you can bring your claim to Court; and
4. Consult an experienced trial attorney who can guide you through the process required for a just and equitable resolution for the matter. We handle all types of civil litigation matters, and when you call us at 540/72-6028, you will receive an initial legal consultation and legal opinion about your issue at no cost to you.

What to do if ...You Are Injured in an Accident:

At Bird & Stanley, LLC, we have represented injured persons for over a decade, and have obtained millions of dollars over the years in compensation for its clients' injuries.

We can help you not only recover your health, we can maximize your compensation for your injuries.

If you are injured due to the negligence of others you should:

1. Follow your doctors' instructions to the letter; when you are injured, your recovery is most important. Also, documenting your recovery is also important.
2. Keep a pain management diary - get a notebook and keep a daily diary of: how you feel, what your pain rating is on a scale of 1-10 (with "10" being the most severe), what you are able to do and what your injury prevents you from doing - You will need this as the claim progresses, as it will be an accurate recording of your progression. Some of these cases can take years to complete, depending on the complexity, so it is useful to keep a record that will keep your memory fresh.
3. Keep all records and papers that you get for medical services provided to you;
4. Keep all receipts of prescription costs, aspirin (and pain relief medications), as well as costs for medical equipment you may need to obtain;
5. Keep your mileage that you travel to and from doctor's appointments, picking up your prescriptions and trips for physical therapy - this is compensable, and you will be surprised how this adds up;
6. If the person who caused your injury is charged with a traffic and/or criminal offense, keep in mind the date of his/her trial date, as you will want to be present to testify as to what happened. Also, your personal injury attorney will want to order a court reporter to transcribe the proceedings at trial for later use in your proceedings;
7. Do not give a recorded statement to the other side, that is, to insurance claims adjusters. They are only trying to take advantage of you and make you settle for a dollar figure that is much less then you deserve;
8. Call us at 540-721-6028 and make an appointment for a free consultation. We will get you all the compensation that you deserve.

We will thoroughly investigate your claim for damages, collect your medical records for you, help you keep any creditors off of your back, consult with experts, advance costs on your behalf during the time that we expertly prepare your case for trial, and bring every legal force to bear in order to maximize your recovery. Because our fee is contingency based, our attorneys fee is only earned if you recover.

What to do - When Buying A SML Home:

When you purchase your dream home here at the Lake, it is important to select a closing attorney who puts your needs first. Real estate at Smith Mountain Lake is one of the most exciting investments one can make, and it should be an enjoyable and rewarding experience. We offer free initial consultations, attorney conducted settlements, personal and friendly service, attention to detail, and reasonable fees and title insurance rates.

So please give us a call so you can begin living your dream here at the Lake. Make your real estate closing issues history by closing your purchase here in the parlour of the Historic Holland-Duncan House (circa 1798).

1. When you buy a home, the choice of settlement attorney is yours alone, and is not your Realtor's decision. You want someone in your corner who represents ONLY you at the settlement table. That Settlement Attorney is Bird and Stanley. We provide you with the constant attention to detail and your needs that your real estate closing requires.
2. We provide to our clients only the highest quality title insurance through Stewart Title Insurance, in order to protect your investment from potential harm. We underwrite the insurance "in house" in order to give you the best value.
3. If you have us conduct your real estate settlement, we will charge you only $1.00 in attorney's fees to conduct your settlement, when you mention that you saw our the website or our ad in Homesearch Magazine, that is a $500.00 savings that you cannot find anywhere else.
4. Call Diane D. Stanley, Esquire and Rhonda Hall at 540-721-6028 for a free consultation to begin the process of home-buying tranquility.

How To Prepare For A Divorce

No one ever wants to be faced with the possibility of divorcing their husband or wife. Nonetheless, no matter how hard you may try to make the situation work, some marriages simply don't survive the pressures and stresses we experience in our lives. The pain, embarrassment and pure frustration of going through a divorce can be reduced, however, if you prepare, as much as possible, for the ending of your marriage.

First, don't ignore the warning signs of divorce. Too often a person wants a marriage to succeed so badly that they ignore the indications that his or her spouse is about to the leave the relationship. As a result, the "hopeful" spouse is caught completely unprepared when their spouse does eventually leave. Don't let this happen to you. If you see problems in the marriage, certainly address those problems with your spouse in the hopes of keeping your marriage. At the same time, however, prepare for the unfortunate situation of your marriage coming to an end.

You need to prepare yourself both financially and emotionally for a divorce. Realizing you are about to become separated from your spouse can often feel like you were just hit by a freight train. If you seem to feel no different when you discover your marriage is coming to an end, you may be in "emotional shock." When that shock wears off, and eventually it will, the emotional pain you will experience can be quite intense. Be ready for this emotional upheaval in your life, and don't be afraid to ask for help. Set up a support group to help you through these upcoming difficult times. Consult a professional if life seems so overwhelming you can't even get out of bed. Be careful not to "self medicate" with alcohol or other drugs. While the pain may go away for a short time, you are starting down a path of far more severe problems. Most importantly, don't give up on life. While divorces can be tragic, eventually the pain will subside, and life will move on.

Financial preparation can also significantly reduce the emotional pain of a divorce. Contested divorce cases can be very expensive. You may be forced to leave your home and incur the costs of setting up a new household. Your spouse may be preparing to leave, and he or she may have no intention of providing you with any financial support. You may have to wait a number of months before a Court orders support be paid by your spouse. At a minimum, you will need money to pay for your lawyer.

To avoid these financial perils, at the first signs of possible divorce, begin to create, for lack of a better term, a "war chest." Set up an account in your sole name at a new bank and begin depositing funds into that account. Transfer existing monies into this account. While you can certainly empty your existing accounts by transferring the funds into this new account, you don't have to do so. You only need to transfer those funds you will need to survive three to four months until Court ordered support takes place. Establish a new credit can that your spouse can not cancel that you can use for expenses until Court ordered financial help arrives. Borrow money from friends or family members. Regardless of your particular methods for doing so, you need to make sure you have the financial ability to pay all of your bills, and the new expenses (e.g. moving expenses and lawyer's fees) you will incur when you and you spouse separate.

Finally, just as every person in the world is unique in their own ways, each divorce case also has unique aspects. The best way to properly prepare for a divorce, therefore, is to consult a lawyer as soon as possible; often before you and you spouse even separate. The lawyer can not disclose to anyone the fact that you met wit him or her. Thus, you will suffer no harm from consulting with the lawyer should you and your spouse remain married. Failing to see a lawyer as part of your preparation, however, can leave you scrambling at the last moment to try and secure good legal help; and you may not be successful in your efforts.

The attorneys at Bird & Stanley, LLC have extensive experience in handling all aspects of divorce from child custody to distribution of the marital property to getting you support both now and in the future. Should you have concerns about your marriage, feel free to give us a call. All consultations are strictly confidential.

Uncontested Divorce

A divorce is considered "uncontested" when you and your spouse have signed a written agreement resolving all outstanding issues in the case. If children were born to the marriage, the agreement will need to address:

1. Legal custody of the child(ren) - Who will make decisions on behalf of the child(ren)? Do you want to have joint legal custody of your child(ren) with your spouse, or should you be the sole decision maker.
2. Primary Physical Custody - Where will the child(ren) live the majority of the time.
3. Visitation - When and under what terms, will the child(ren) visit with the parent with whom they do not live primarily? Visitation will need to include holidays, birthdays, and time over the summer.
4. Child Support - The parent who does not have primary physical custody will need to pay child support based upon the Virginia Child Support Guidelines.

Whether you have children or not, the agreement will need to provide for the following:

1. Property Division - A division of all of the marital property including, but not necessarily limited to all real estate, cars, boats, furniture, jewelry and all other items in the last marital residence. The agreement will also need to divide all bank accounts, stock, bonds, mutual funds and retirement plans.
2. Spousal Support - Will you or your spouse need monthly assistance when the separation occurs? If so, how much money is to be paid each month and for how long.
3. Attorney's Fee - Will one spouse be paying all the attorney's fees, or will each person pay for his or her own lawyer?

Once the written agreement, which is often referred to as a Property Settlement Agreement or Post-Nuptial Agreement, is drafted and signed by both parties, the remaining portions of the "uncontested" divorce are simple and straight forward.

If the case is truly "uncontested" and you have no children, you and you spouse can be divorced as soon as six months after you separate. If children were born to the marriage, you must wait one year to get a divorce, whether you have a written agreement or not.

Give us a call at 540-721-6028 for any assistance with your divorce.

What to do - If You Want A Will:

As we get older, and accumulate things of value (and things that only have value to us), it is important to begin your estate planning with an experienced attorney.

At Bird & Stanley, LLC, we are here to help you make these issues less stressful to you. We provide Wills, Trusts and estate document drafting at one low flat fee, with turnaround time being less than a week to completion.

Before you call us - compile the following documentation:

1. previous wills and/or trust documents;
2. legal description of all real property;
3. a list of all personal assets and effects;
4. copies of all insurance policies, retirement benefit plans, etc.;
5. copies documenting all unsecure and assumed debts; and
6. a list of all potential heirs and the potential distribution of assets
   to each heir.

Then give us a call at our office number 540-721-6028, and we will handle the rest according to your wishes quickly and discretely, which will bring you comfort and peace of mind in knowing that your estate matters have been dealt with.

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