Commonwealth v. Client
Jan 12, 2016OUTCOME: Case Dismissed
Client charged with Reckless Driving by speed. Challenged the calibration of Trooper's radar and prevailed.
PRO
Wayne Edmond Holcomb's Legal Cases (6)
Newport News, VA
Family Lawyer at Newport News, VA
Practice Areas: Family, Criminal Defense ... +3 more
Jurisdiction for a Custody Dispute
Jul 15, 2015OUTCOME: Jurisdiction for custody will stay in Virginia in accordance with a provision of the Uniform Child Custody Jurisdiction and Enforcement Act.
Our client hired us to do two things, (1) to help him get custody of his daughter from a mother who had gone astray and was having significant personal problems and from her parents who were trying to ... keep the child from the dad, our client, in spite of the mother's personal difficulties, and (2) to keep the jurisdiction of the matter in Virginia since the mother lived in one state, the grandparents in another, and of course our client was in Virginia. We were able to help our local client keep the matter in Virginia and to keep custody of his daughter with visitation to the grandparents.
Commonwealth v. Client
Jan 12, 2015OUTCOME: DUI Reduced to Reckless Driving
Client was a medical professional stopped by an officer while he was attempting to get a family member safely home from a local bar. His BAC was over 0.08, but not by much, his driving was not dangero ... us, and he had no prior criminal record. We had supporting witnesses for our case. Result: we were able to craft a plea agreement to reduce the DUI to a Reckless Driving charge to enable our client to maintain his medical license and certifications.
Commonwealth v. Client
Apr 21, 2014OUTCOME: Client Not Guilty
Client was charged with possession of marijuana. While she sat in the passenger seat of a pickup with a friend picking up some furniture from a Craig's List ad in Hampton, Virginia, police approached ... the car. It appeared that they were stopped in a neighborhood that didn't match her particular skin color. The police asked what they could possible be doing in that neighborhood? The police did a visual search of the cabin of the pickup and found a small purse on the floor of the vehicle with marijuana inside. Both occupants of the vehicle were charged with possession. At trial we were able to prevail in her defense, since the police did not have reasonable suspicion to stop and search the vehicle. They merely noted the odd color of the passengers' skin in that neighborhood. Without reasonable suspicion that there was unlawful behavior occurring in or around the vehicle, the entire stop was not constitutional, and the charge was dismissed. Client found Not Guilty.
Military Custody Case
Mar 19, 2013OUTCOME: Physical Custody to the Military Father.
We represented a military officer who was stationed in North Carolina after a deployment and after living here in Virginia with his fiancee and two children. His fiancee remained here in Virginia when ... he was ordered to NC. His fiancee had left him while he was out of the country in a combat zone and had relieved the officer of a car and personal items of significant value and sold them, likely out of spite. It was also learned that she had other ethical and legal issues involving money left in her care as a member of a civil organization. Upon his return from deployment, she would not allow him to see his children. He had no choice but to file for custody in our local Court system. His attempt to gain custody of his children were thwarted in the Juvenile Court, which awarded physical custody to the mother, mainly because he had often been deployed, his children had been virtually raised by their mother, and he was still in a deployable status and stationed out of state. This describes nearly every military father we meet. He came to our firm, after hearing about our connection to the local military and that we were prior military ourselves. Despite the rationale of the Juvenile Court, we were able to convince the Circuit Court, on appeal, that character must matter more than parental proximity when it comes to raising children and that it was in the best interest of these children to be with their military officer father,even out of state and in a deployable status, than to remain in a situation in which ethical and perhaps moral values in the home might be blurred. Custody cases must be about raising children, not about the parents. He now has physical custody of his children and they are thriving.
Client v. Insurance Company
N/AOUTCOME: Reached $100,000 settlement
Automobile accident resulting in broken bone injury.