Legal FAQs

This page attempts to answer some  commonly asked legal questions.  Please do not consider this legal advice.  Call Anthony L. Montagna, III today at 757-625-3500.

What is Negligence?

Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation. Virginia recognizes simple, gross, and willful negligence. Additionally, Virginia is a contributory negligence state. Any negligence on the part of the plaintiff may bar recovery.

What should I do if involved in an automobile accident?

After an automobile accident, one should immediately call the police. Additionally, one should exchange information with the other party or parties. Finally, one should seek immediate medical attention if experiencing pain or discomfort. A hospital or primary doctor is an excellent source for treatment.

What is a felony?

An offense that is punishable with death or confinement in a state correctional facility is a felony. All other offenses are misdemeanors. Traffic infractions are violations of public order as defined in Section 46.2-100 and not deemed to be criminal in nature.

What should I do if I am arrested?

You should provide the arresting officer with your name, address, and social security number. If the officer asks you any questions, you should advise the officer of your desire to remain silent and request an attorney. In any case you should not allow the officer to take a statement from you.

What should I do if I get a speeding ticket?

First, you should immediately obtain a calibration of your vehicle. Second, you should obtain a copy of your driving record from DMV. Third, if you wish to ask the Court to reduce your infraction to defective equipment, a non moving violation, you may wish to have a certificate of completion from a driver improvement class to present to the Judge.

What are the residence and domicile requirements for a divorce?

When the divorce suit is filed, at least one of the parties must be and must have been an actual bona fide resident and domiciliary of Virginia for at least the preceding six months.

What types of custody exist in Virginia?

Generally, Virginia recognizes sole, joint, shared, and split custody. Sole custody means that one parent retains the responsibility for the care and maintenance of the child and has the primary right to make decisions concerning the child. Joint custody involves both parties having the joint responsibility for the care, maintenance, and decisions for the child.. Although not defined in the Code of Virginia, shared custody involves the relationship between the parents willingly sharing the care and responsibilities for the child Finally, split custody occurs where each parent has primary sole custody of one or more of the children.

How much child support should I pay

Generally, the Courts figure the gross income of both parties and require the non custodial parent to pay a percent of the recommended child support obligation based on his or her percent of the joint gross income of the parties.

Do I qualify for Social Security Disability benefits?

Generally, To be eligible for disability benefits, one must determine from the social security administration whether they have contributed enough earnings, based on quarters worked. Additionally, one must be unable to work at any calling or engage in any gainful employment for at least twelve months or death.

What were some of your big cases or settlements?

Although every case and situation is different, the results from one case do not guarantee results in a different case, and the examples below are for information only, some of my successful cases are the following:

A. We represented an elderly woman, who broke her hip in a parking lot. We were able to settle the lady’s case for over $200,000.00.

B. A gentleman was charged with DUI with a blood alcohol content of .17. We objected
to the certificate of analysis because the certificate was not filed at least seven days prior to trial. The client was found guilty of reckless driving.

C. A client was charged with first degree murder. Based on intense negotiations with the Commonwealth Attorney, we secured a plea agreement for voluntary manslaughter.

D. A client was charged with possession with intent to distribute drugs. We filed a motion to suppress. The Commonwealth agreed, and the charge was nolle prossed ( a dismissal without prejudice).

How do you divide a military pension in a divorce?

Generally, a former spouse’s share of her service member or retired service member husband’s retirement is calculated as follows:
(Months of marital pension service divided by months of total pension service) times 50%

In a divorce involving a service member or retired service member, what are some of the benefits for the former spouse?

A. Generally, a former spouse is entitled to a division of retired pay regardless of the number of years that the service member served.

B. SBP or survivor benefit plan is generally available to the former spouse regardless of the number of years that the service member served.

C. Generally, child support and spousal support are available by direct payment regardless of the number of years that the service member served.

D. Full health insurance is available if the length of time that marriage overlaps with service creditable for retirement purpose is at 20 years or more.

E. Transitional health insurance is available if the length of time that marriage overlaps with service creditable for retirement purpose is at least 15 years and less than 20 years.

F. PX and commissary privileges are available if the length of time that marriage overlaps with service creditable for retirement purpose is at 20 years or more.

What is Survivor Benefit Plan (SBP)?

Generally, SBP is an annuity program that affords retired service members or retirement eligible service members a way to provide income for family members at the service member or retired service member’s death.

What is the 10- year rule involving the military service member’s pension?

Generally, there is a 10-year overlap between the marriage and creditable military service that must be satisfied before DFAS (Defense Finance and Accounting
Service) can be ordered to make direct payments of pension division awards.

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A Few of the Clients We Have Helped

  • "Mr. Montagna was the BEST!! I had reckless driving and 2 seatbelt violations ( one for a minor) and he got my whole case DISMISSED!! He is definitely the go to guy for your case… I couldn’t appreciate and thank him enough!"

    Sky B.
  • "Simply the best in the business. Got my 67 in a 35 mph reduced from reckless driving to an improper driving. He let me know what to do before court and I followed everything exactly. Would highly recommend him for any traffic case."

    Wesley F.
  • "Mr. Anthony Montagna understood the assignment! I am so glad I retained him. He is very professional, understanding, attentive, and easy to reach. He will make sure you get the best results as possible. Thank again Mr. Anthony and Kelly for taking care of me and serving me at my best. If anybody is thinking about looking into this law firm, please look no further!"

    Tiara S.
  • "I had a speeding ticket that was 21 over in a 30mph zone. He got my case dismissed. Whatever he asked you to get for court definitely get the paperwork. I really appreciate Anthony Montana for making my driving record go back to +5. He really knows the law and he is definitely an attorney I will use later in life if I will need him again. He does care about the people he helps in court."

    Jacob P.
  • "Mr. Montagna handles my periodic traffic offenses and always gets them dismissed. Depending on the charge he has had me take a driver improvement class, which was actually enjoyable, and my charges are always dismissed. I would never use anybody else for any kind of traffic offense. The cops seem to know him and the bailiff told me one time that I had chosen a good lawyer. Highly recommended."

    Cindy Williams
  • "Anthony helped me with a traffic ticket. His counsel was excellent and he really took the time to understand the situation and give expert guidance on how best to proceed. He got the ticket dismissed and I got points taken off my license as a result of his counsel."

    Michael Moore
Tell Us About Your Experience With Attorney Anthony Montagna, III

Areas We Serve

Norfolk, Newport News, Hampton, Suffolk, Chesapeake, Portsmouth, Williamsburg/James City County, Northampton County, Southampton County, Isle of Wight County, York County, New Kent County, Accomack County, Virginia Beach and all of Virginia.

DUI, Reckless Driving, and Traffic, Divorce, Custody, and Criminal Law

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