Frequently Asked Questions
The Alvarez Law Firm represents clients across Alexandria, VA and Northern Virginia in personal injury, criminal defense, family law, and estate planning matters. Below are answers to the questions we hear most often. If your question is not covered here, call (703) 888-0959 or contact us online for a free consultation.
Personal Injury
How long do I have to file a personal injury claim in Virginia?
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Virginia Code § 8.01-243 gives you two years from the date of your injury to file a claim. Once that deadline passes, you lose your right to recover compensation entirely. If you were hurt in a car accident, truck accident, motorcycle accident, or any other incident, contact a personal injury attorney as soon as possible to protect your claim.
What should I do immediately after a car accident in Alexandria?
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Document the scene with photos, get medical attention even if you feel fine, file a police report, and do not give a recorded statement to the other driver's insurance company before speaking with an attorney. Adjusters work for the insurance company, not for you. Read our guide on What to Do After a Car Accident in Alexandria, VA for a full breakdown of those first critical steps.
What does "contributory negligence" mean for my injury case?
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Virginia is one of the few states that follows a strict contributory negligence rule, which means if you are found even slightly at fault for the accident, you may be barred from recovering any compensation. This makes building a strong, well-documented case from the start essential. Whether your case involves a pedestrian accident, a bicycle accident, or a slip and fall, an attorney can help you protect against this defense.
Do I have to pay upfront for a personal injury attorney?
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No. We handle personal injury cases on a contingency fee basis, meaning there is no attorney fee unless we recover compensation for you. This applies to car accidents, catastrophic injuries, wrongful death claims, dog bites, and other injury matters.
What if the other driver does not have insurance?
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You may still have options. Virginia allows uninsured motorist claims through your own auto policy, and our attorneys can also evaluate whether an insurance dispute applies to your situation. Do not assume a lack of coverage on the other side means you have no case.
Criminal Defense
What is the difference between a misdemeanor and a felony in Virginia?
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A Class 1 misdemeanor carries up to 12 months in jail and a $2,500 fine. Felonies carry more than one year of incarceration and are tried in Circuit Court. Even charges that seem minor, like reckless driving, are classified as Class 1 misdemeanors in Virginia and carry a criminal record. Our criminal defense attorneys can explain exactly what you are facing.
Can a criminal conviction be expunged in Virginia?
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Virginia's expungement laws are limited. Under Virginia Code § 19.2-392.2, expungement is generally available only for charges that were dismissed or resulted in an acquittal, not convictions. Do not assume a minor conviction will disappear over time. It stays on your record unless a court orders otherwise.
What should I do if I am charged with a DUI in Alexandria?
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Contact a DUI attorney immediately. A DUI conviction in Virginia carries license suspension, fines, and possible jail time, even for a first offense. A DWI charge carries similar consequences. The sooner an attorney reviews the details of your stop, your BAC results, and the procedures used, the more options you may have.
What counts as reckless driving in Virginia?
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Reckless driving is a criminal offense in Virginia, not a simple traffic ticket. Driving over 85 mph anywhere in the state, or 20 mph or more over the posted speed limit, qualifies under Va. Code § 46.2-862. A conviction results in a permanent criminal record, possible jail time, and license suspension. Read What Counts as Reckless Driving in Virginia? for a detailed explanation, and contact our reckless driving defense attorneys if you have been charged.
Do I need an attorney for a traffic ticket?
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It depends on the charge. A standard traffic ticket may seem minor, but certain traffic violations carry points on your license, increased insurance rates, and potential suspension. Juvenile defense cases involving traffic charges also carry long-term consequences worth contesting. An attorney can tell you whether fighting the ticket is worth it in your specific situation.
Family Law
How long does a divorce take in Virginia?
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Virginia requires a separation period before you can file. If you have no minor children and a signed separation agreement, the minimum is six months. In all other cases, you must wait one year. Contested divorces filed in Alexandria Circuit Court can take longer depending on property division, support disputes, and court scheduling. Our divorce attorneys can tell you where your situation falls after reviewing the facts.
How do Virginia courts decide child custody?
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Virginia follows a best-interests-of-the-child standard under Virginia Code § 20-124.3. Judges consider each parent's relationship with the child, the child's needs, stability of each home, and any history of abuse. Our child custody attorneys represent parents through every hearing. For a detailed breakdown, read What Virginia's Child Custody Laws Mean for Parents.
How is child support calculated in Virginia?
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Virginia uses a statutory formula based on both parents' gross income, the custody arrangement, and costs like health insurance and childcare. Our child support attorneys can walk you through the calculation and what to expect. Spousal support is a separate determination based on factors like the length of the marriage and each spouse's earning capacity.
Do I need a prenuptial or postnuptial agreement?
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If you have assets, a business, children from a prior relationship, or simply want clarity about financial expectations, a prenuptial agreement or postnuptial agreement puts those terms in writing before a dispute arises. These agreements are enforceable under Virginia law when properly drafted.
Can I get a protective order in Alexandria?
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Yes. If you are experiencing domestic violence or threats, Virginia law allows you to seek a protective order through the court. Our family law attorneys can help you file for an emergency, preliminary, or permanent protective order and represent you at every hearing. We also handle adoption cases for families looking to formalize their legal relationships.
Estate Planning
Do I need a will even if my estate is small?
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Yes. A will does more than distribute assets. It names a guardian for your minor children, designates an executor, and prevents family disputes that courts cannot easily resolve. Without one, Virginia's intestate succession laws under Virginia Code § 64.2-200 decide who inherits, and the outcome may not match your wishes. Our estate planning attorneys can help you put the right documents in place.
What happens if I die without a will in Virginia?
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If you die without a will, the state decides how your assets are distributed. A surviving spouse may not receive everything, especially if children from a prior relationship are involved. Read What Happens If You Die Without a Will? for a detailed explanation of how Virginia's intestacy laws work.
How often should I update my estate plan?
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Review your estate plan after any major life event: a marriage, divorce, birth of a child, death of a beneficiary, significant asset change, or move to a new state. An outdated will that predates a remarriage or a new child may not reflect your current wishes and can create legal complications for your family.
What documents does a basic estate plan include?
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A comprehensive estate plan typically includes a last will and testament, a durable power of attorney, an advance medical directive, and in some cases a trust. The right combination depends on your family structure and assets. Our estate planning attorneys can advise you on what your situation requires.
Is probate required in Virginia?
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In most cases, yes. When someone dies with assets titled in their name alone, those assets go through probate in the circuit court of the jurisdiction where the person lived. Certain assets, like jointly held property or accounts with named beneficiaries, may bypass probate. An estate planning attorney can help you structure your affairs to minimize the probate process for your family.
Working With The Alvarez Law Firm
How do I schedule a consultation?
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Call us at (703) 888-0959, email sylvano@alvarezlawfirm.net, or reach out through our contact page. We answer calls 24/7 at our office, 50 South Pickett Street, Suite 110, Alexandria, VA 22304.
Do you offer free consultations?
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Yes. We offer free initial consultations for most practice areas. Personal injury cases are handled on a contingency fee basis with no upfront costs. Fee structures for criminal defense, family law, and estate planning are discussed during your consultation.
Do you serve clients outside of Alexandria?
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Yes. We represent clients throughout Northern Virginia and the D.C. metro area, including Alexandria, Fort Belvoir, Franconia, Lorton, Manassas, Prince William County, Washington, D.C., and Woodbridge.
Do you provide legal services in Spanish?
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Yes. Sylvano Alvarez is a fluent Spanish speaker who can work with you directly in Spanish. Johnda D. Scott practices in English.
What happens after I hire The Alvarez Law Firm?
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Your attorney reviews the facts of your case, explains the applicable legal standards and deadlines, and walks you through each next step. We keep you informed at every stage of your matter. Learn more about our team and approach on our about us page.