Law Office of Daniel J Miller - February 2021

Law Office of Daniel J Miller - February 2021

INYOUR DEFENSE

FEBRUARY 2021

757.852.3000 | LegalDefense.com

Why Going to Trial Is My Favorite Part of Being an Attorney

A few months back, I was talking to a friend who was getting ready for retirement. His reason for wanting to retire was because he was tired of his job, and he didn’t want to do it anymore. I feel fortunate to say that’s not something I’ve ever felt about my job. I love being an attorney, and my favorite part of what I do on a daily basis is going to trial. I love going into the courtroom and presenting my client’s case to the judge. To me, there’s just something exciting about it. It’s like acting, or putting on a different face, if only for a little while. I think that’s something everyone does throughout their day. I have “faces” for Dan the drummer, Dan the father, and so on and so forth. What’s really exciting about my trial lawyer face is what I get to do when I wear it. The reason I love going to trial is because my presentation, if successful, could change my client’s life. As a criminal attorney, a successful outcome for my client’s case might mean they are exonerated in a crime they didn’t commit. And when it comes to the clients who are guilty, a successful presentation of their case might mean a more just verdict. More than that, ensuring the trial goes in my client’s favor can mean helping my client avoid the stigma of their momentary lapse in judgment following them around for the rest of their life. Not too long ago, I represented a young man who was guilty of causing a hit-and-run accident. Instead of staying at the scene, he had a momentary lapse of judgment, where he panicked and drove away from the scene. It was not long after that, however, that he went to the police station and confessed. In that case, my client wasn’t looking for a get-out-of-jail-free card or anything like that. He came to me knowing he would have to face consequences but also desperately wanting those three hours of his life not to follow him forever. So, I went to trial for him and basically begged the judge to not let my client be marked with a scarlet letter forever. Those cases aren’t easy to win. Really and truly, none of them are easy to win, and sometimes I lose them. Each case is like a fingerprint, with no two being exactly the same. That can be both stressful and invigorating at the same time. But it’s what keeps me coming back to work every day, excited about my job.

When the pandemic first hit last year, the courts closed down for 3–4 months. I knew going to trial was my favorite part of being an attorney before that, but I didn’t expect to miss it as much as I did. It felt like I lost a part of myself during that time. I’m glad I got to return to the courtroom at the end of last year. As the vaccine continues to make its way through the United States, I’m hopeful we’ll return to normal as much as possible. I look forward to continuing to represent my clients in the courtroom, hearing the words “charges dismissed” more often, and seeing the expression on my clients’ faces when they realize that things are going to turn out okay.

– Daniel J. Miller

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WITH THESE 5 INJURY PREVENTION TIPS S tay S afe T his W inter S ports S eason

Under Virginia law, a person commits child abuse when they assault or beat a child, which includes physical, sexual, and sometimes even psychological abuse. The signs of abuse aren’t always easy to spot, but if you do, and you have a certain level of authority over the child you believe is being abused, you may be required to report it. Several positions of authority require that you report child abuse, but a general principle for discerning if you hold one of those positions is in loco parentis . This term is Latin for “in place of the parent.” Anyone who stands in loco parentis for a child may be liable for child abuse if they abuse or neglect the child, causing injury. At the same time, however, if you’re in a position in loco parentis , you may be required to report child abuse as well. That might make you wonder: Which positions will put me in loco parentis ? While parents are obviously legally obligated to ensure the safety of their child, certain positions assume responsibility for caring for a child, if only for a certain period of time. During that time, you would be legally obligated to report child abuse if you can vulnerable muscle groups to make them more injury-resistant. If you’re worried about ACL injuries, for example, you need powerful hamstrings and glutes (try deadlifts, glute bridges, or barbell hip thrusts in the gym). If a shoulder injury is more likely, you should train your rotator cuff and trapezius muscles (try plank taps, dumbbell military presses, or dumbbell snatches). THE MEANING OF IN LOCO PARENTIS W hen A m I R equired to R eport C hild A buse ? What do model Heather Mills, Daimler CEO Dieter Zetsche, and former Gov. Arnold Schwarzenegger have in common? They’re all into skiing — and they’ve all been injured on the slopes. Mills broke her shoulder blade running into a ski pole, Zetsche broke his colliding with a snowboarder, and Schwarzenegger’s leg snapped in a tumble. Winter sports injuries obviously don’t discriminate — all of us are susceptible — but you can stave them off with the right steps. Physical therapists are experts at treating the aftermath of broken bones, dislocations, sprains, ACL injuries, and rotator cuff tears caused by winter sports. They’re also prevention experts! These tips from PTs will help you stay safe this winter while you ski, snowboard, sled, or play hockey. • Use targeted exercise to strengthen vulnerable muscle groups. Life’s Work Physical Therapy advises researching common injuries in your sport. Then, you can train your

• Learn how to fall safely. According to ProActive Physical Therapy and Sports Medicine, there is a “right” way to fall to minimize your chance of injury. Their suggestions include crouching when you lose your balance so you don’t fall as far, twisting to land on your side or butt instead of your hands, tucking your chin and turning your head to avoid a face-plant, and relaxing your body before impact. • Wear the right protective equipment. MTI Physical Therapy advises wearing protective gear like goggles, a helmet, gloves, and padding when you’re doing a winter sport, whether it’s sledding in your neighborhood or skiing at a resort. You might look silly, but you’ll stay safe! If you’ve already pulled a muscle or broken a bone this winter, turn to the advice of physical therapists to help with your recovery. ChoosePT.com is a great resource packed with science-based pain management tips. If your injury is serious or you’re still in pain, seek out a physical therapist in person. They’ll help you get back to the winter sports you love.

reasonably conclude that a child you are responsible for might be suffering from abuse.

Some of the most common examples of people in these positions include teachers and other school employees and most health care professionals. Other roles include probation officers, social workers, or anyone working in child care. In most cases, if you’re working with or interacting with children on a regular basis, you’re probably required to report child abuse. Most positions that require you to report it will probably make that clear, but if they don’t, it never hurts to make sure. If your work puts you in a position that requires you to report child abuse, and you want to better understand the nature of that responsibility, consult a lawyer at the Law Offices of Daniel J. Miller. Our skilled family law attorneys will steer you in the right direction. Call today at (757) 517-2942.

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NAVIGATING THE POTENTIAL FACTORS Am I Eligible for Spousal Support? Spousal support, otherwise known as alimony, is a payment agreed upon by the couple or the court to one of the former spouses from the other former spouse. The purpose of spousal support is to prevent economic hardship that might occur for the recipient as a result of the divorce. In Virginia, there is no guarantee a spouse will be granted spousal support after a divorce. Instead, the law dictates that it will only be awarded when necessary. A number of factors determine the necessity of spousal support, such as income, age, standard of living established during the union, contribution to total earning power, contributions to maintaining the family home, mental and physical conditions, and so forth. That said, for the duration of the case, the party intending to determine their eligibility for spousal support will receive it through the pendente lite order (Latin for “awaiting the litigation”). This ensures that the party will not go without sufficient income during the case, and at the case’s conclusion, the court may decide they deserve more support, less support, or no support at all.

The duration of spousal support usually lasts about half the time the couple were married. So, as an example, if the couple were married for six years, one of the former partners would receive spousal support for three years. For marriages that lasted a more substantial amount of time, however, the court may rule in favor of permanent support. When a spouse dies or remarries, however, the support payments will typically no longer be required. Courts rarely modify spousal support rulings, but they might make exceptions if the receiving party remarries, they reach retirement age, or their income level changes substantially. All this is to say, the laws surrounding spousal support are incredibly complex, and it’s best to have an experienced attorney walk you through the process. Talk to the team at the Law Offices of Daniel J. Miller today to see about your options, either over the phone or through our website at LegalDefense.com/contact-us/.

SUDOKU

BUTTERANDHERB BAKED OYSTERS

INGREDIENTS

• Rock salt or uncooked rice (to coat your baking sheet) • 1 dozen fresh oysters, scrubbed and shucked • 1 stick butter, softened and divided into 8 tbsp • 3/4 cup panko breadcrumbs

• 2 tbsp fresh chives, chopped • 1 tbsp lemon juice • 1 tsp lemon zest • Lemon wedges and chopped parsley for garnish

DIRECTIONS

1. Preheat oven to 425 F. 2. On a rimmed baking sheet, spread out a layer of rock salt or uncooked rice. 3. Arrange oysters on the baking sheet, meat side up. 4. In a skillet over medium heat, melt half of the butter. Add breadcrumbs and sauté until brown. 5. In a small bowl, combine remaining butter, chives, lemon juice, and zest. 6. Top each oyster with a teaspoon of chive mixture and a sprinkle of sautéed breadcrumbs. 7. Bake for 8–10 minutes and serve garnished with lemon wedges and chopped parsley. Inspired by TheSpruceEats.com

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WHY GOING TO TRIAL IS MY FAVORITE PART OF BEING AN ATTORNEY PAGE 1 5 TIPS FOR PREVENTING WINTER SPORTS INJURIES WHEN AM I REQUIRED TO REPORT CHILD ABUSE? PAGE 2 DETERMINING YOUR ELIGIBILITY FOR SPOUSAL SUPPORT BUTTER AND HERB BAKED OYSTERS PAGE 3 CAN MOUNTAIN AIR ACTUALLY IMPROVE YOUR HEALTH? PAGE 4 INSIDETHIS ISSUE

THEBENEFITSOF SPENDING TIME INTHEMOUNTAINS

In the famous Swiss novel “Heidi,” a little girl recovers from her fragile health — both physically and mentally — by spending time in the mountains. There are plenty of anecdotal stories about the medicinal effects of mountain air, but how much is supported by research? Here’s what there is evidence for so far: CLEANER, POLLUTION-FREE AIR One basic but important benefit of getting to a higher altitude is the escape from city pollution. It may surprise some city dwellers that air pollution is linked to asthma attacks for those with sensitive lungs and also to more serious conditions. Research suggests that prolonged exposure to air pollution may lead to chronic illnesses such as cancer, chronic obstructive pulmonary disease (COPD), emphysema, and other lung diseases.

Up in the mountains, you’ll likely be able to breathe a little easier.

REDUCED RISK OF OBESITY AND HEART DISEASE People who spend more time at high altitudes may also experience a decreased appetite and lower risk of obesity. One study from 2017 even found that living at a higher elevation is associated with a lower risk of metabolic syndrome, which is a cluster of conditions that include high blood pressure, excess body fat, and abnormal cholesterol. Even more interesting, mountain air may passively improve your weight loss journey as well. NATURAL WEIGHT LOSS One German study followed 20 obese men who lived in an environmental research station below the highest peak in the country.

The subjects reached the peak effortlessly by railway or cable car, and they were allowed to eat as much as they liked. By the end of the week, however, each had lost an average of 1.5 kilograms or 3.3 pounds. Two factors are thought to have contributed to the weight loss: A naturally decreased appetite from the altitude (the men ate nearly 700 fewer calories than usual) and an increased metabolic rate. While there is still more to learn about the potential benefits of spending time in the mountains, these three studies give the greenlight for more high-altitude adventures.

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