Featured Posts
CTA Reporting Deadlines Paused Again Following Fifth Circuit Reversal
On December 26, 2024, the Fifth Circuit Court of Appeals reversed its December 23, 2024, decision and reinstated a temporary nationwide injunction halting enforcement of the Corporate Transparency Act (CTA). This decision follows a legal battle surrounding the CTA’s beneficial ownership information (BOI) reporting requirements, leaving business owners in a state of uncertainty. Background:… Read More »
**UPDATE** Increased Salary Threshold for Exempt Employees Blocked by Texas Court
By Robert Showers Esq. and Justin R. Coleman, Esq. On November 15, 2024, the United States District Court for the Eastern District of Texas overturned the US Department of Labor’s (DOL) rule to increase the salary threshold for exempt employees. As identified in our original article (https://www.simmsshowerslaw.com/salary-threshold-for-exempt-employees-to-increase/), the DOL increased the minimum annual salary… Read More »
Companies Now Required to Report Beneficial Owner Information to Federal Government
By Kyle D. Winey, Esq. and Melissa L. Ruby, Esq. In 2021, the U.S. Congress enacted the Corporate Transparency Act (“CTA”), a law which authorizes the collection of beneficial ownership information (“BOI”) of domestic and foreign corporations and limited liability companies. This law, purportedly enacted to counter money-laundering schemes and financial terrorism networks, creates… Read More »
Recent Posts
Biden Issues 11th Hour Commutations
A 53-year-old Virginia man was among the thousands of people who received executive pardons or commutations, many of which former President Biden issued during his last week in office. Following a commutation, he’ll be released July 16. He had been scheduled for release in 2040 prior to that for his conviction in a drug… Read More »
DUI Jail Release: What You Should Know
Mostly for civil liability purposes, almost all Loudoun County area law enforcement agencies have mandatory DUI arrest policies. If an officer has probable cause to believe a driver is DUI, lets the driver go, and that driver causes a crash, the city could be liable for civil damages. Therefore, most Northern Virginia jails are… Read More »
How Long Does a DUI Stay on Your Record in Virginia?
Except in the situations outlined below, a DUI stays on your record forever in Virginia. Some people falsely believe that a DUI conviction falls off a criminal record after ten years. That belief is only partially true. After ten years, prosecutors cannot use a prior DUI conviction to enhance current charges (e.g. charging the… Read More »
Affirmative Defenses in Battery Cases
Although the serious violent crime rate dipped in 2023, the overall violent crime rate inched up. Officials are determined to reverse this trend, so they aggressively enforce criminal battery laws. This approach starts with aggressive police enforcement. Police officers no longer respond to disturbance calls, allow the combatants to cool off, and release them…. Read More »
What Happens if You Run a Red Light with a Camera in Virginia?
Even as the state’s population expands, in many jurisdictions, law enforcement staff levels are at all-time lows. In fact, many jurisdictions barely have enough officers to respond to emergency situations. As a result, traffic enforcement has fallen off to practically nothing in many places. But when the cat’s away, the mice will play. Lack… Read More »
Non-Criminal Proceedings in Criminal Cases
We admit the title is confusing. But this post covers an important area of law. Criminal arrests often spawn civil proceedings. These civil proceedings often have direct and collateral consequences which are just as bad as a criminal conviction. Significantly, many Constitutional rights don’t apply in civil proceedings, so these matters are difficult to… Read More »
What Does DUI with Priors Mean?
A prior conviction is the most common DUI enhancement in Loudoun County. Other enhancements include DUI with a suspended license and DUI with an open container of alcohol. DWLS (driving while license suspended) is actually a separate offense that’s almost as serious as DUI. Many Virginians have suspended licenses and don’t know it, because… Read More »
Lawmakers Approve Harsher Fentanyl Overdose Penalties
Measures expanding the reporting requirement for schools and stiffening criminal penalties passed almost unanimously after they were introduced in January 2025. Del. Josh Thomas’ (D-Prince William) House bill, which passed 98 to one, would make the penalty in any such death manslaughter whether it involved a minor or adult, so only criminal negligence would… Read More »
DUI Arrests and Drivers’ License Suspension in Loudoun County
Virginia, like most other jurisdictions, is an implied consent state. When drivers sign their licenses, they agree to provide chemical samples to law enforcement officers under certain circumstances. Drivers can revoke that consent, but that revocation comes at a cost. In Virginia, that cost is Administrative License Revocation drivers’ license suspension. As outlined below,… Read More »
Drug Possession and the Actual Knowledge Requirement
Many people are at least somewhat familiar with the 2022-24 Brittney Griner saga. The former Baylor University basketball standout was arrested in Russia and charged with possession of illegal narcotics (marijuana vape). She claimed she didn’t know the offending vape canisters were in her luggage. Summary justice is the rule in most countries, including… Read More »
