Frequently Asked Questions & Information
Q: Where is your office located?
A: We are at 330 Cummings Street, Suite E, Abingdon, Virginia 24210. Our office is on the back side of The Vein Company which is across from the Wells Fargo drive-through. (Note: We are NOT in the old Kroger shopping center).
Q: What is the best way to get in touch with your firm?
A: We advise calling (276)676-9007 Monday through Thursday between 8:45AM and 4:30PM as well as Friday from 8:45AM until 12:00PM. We are often available by email at stephaniepeaselaw@gmail.com and evanpeaselaw@gmail.com afterhours and on weekends.
Q: What is the process for retaining an attorney to help with my legal matter?
A: For most matters, we advise calling (276)676-9007 to schedule an initial consultation. During the initial consultation you will have an opportunity to discuss your legal matter with one or both of the attorneys. From there, the attorney will provide a quote for legal fees and provide as much guidance as possible based on available information. For matters such as traffic tickets, we are often able to provide a quote through email or during a brief initial call to our office.
Q: Can I meet with an attorney even if I do not live close to your office?
A: Absolutely. We routinely complete consults with individuals all across the country via phone and do also have the ability to do Zoom consultations upon request.
Q: Does your firm schedule consultations and appointments on weekends?
A: We do make ourselves available to meet with clients after business hours and on weekends. However, our office is not officially open during these times and these types of meeting will need to be scheduled in advance. Availability is strictly on a case-by-case basis.
Q: Does your firm offer payment plans for legal services?
A: At the attorneys' discretion, we offer payment plans on a case-by-case basis. While we cannot guarantee that a payment plan will be an option, we do strive to ensure that our legal services are affordable.
Q: How much does it typically cost to retain your firm?
A: This is difficult to answer because it depends entirely upon the complexity and the anticipated amount of work required to resolve your legal matter. At your initial consultation, we will discuss the nature of your legal matter as well as any circumstances that may make it more or less difficult to resolve and we will provide a quote for legal services at this time.
Q: What is a retainer and how does your firm bill for legal services?
A: A retainer is a payment made towards future legal services that have yet to be performed by the attorney. The payment of a retainer secures the attorney's availability to represent you in your matter and is earned as progress is made towards resolving your legal matter. Our office does not do hourly billing where you would ultimately be sent an invoice for the exact amount of hours spent working on your legal matter. Instead, we typically do flat fee billing so that our clients know exactly what amount they are paying with no surprises.
Q: What areas of law does your firm typically cover?
A: Our firm handles a variety of family law matters including child custody & visitation, child support, spousal support, UCCJEA issues, uncontested divorces, contested divorces, and contempt matters involving not following orders of the court. We also represent clients in a variety of criminal defense matters including but not limited to malicious wounding, assault and battery, possession of schedule I/II substances, driving while intoxicated (DWI & DUID), eluding law enforcement officers, destruction of property/vandalism, trespassing, and similar. Regarding traffic and vehicle-related matters, our firm handles speeding tickets, failure to yield, failure to stop, operating a motor vehicle while using a cell phone, reckless driving charges, simple infractions (no inspection, no insurance, improper registration, defective equipment, etc.), driving on revoked or suspended, no operators license in possession, and similar. We also cover civil matters such as orders of protection (protective orders) and some civil litigation including personal injury, warrants in debt, and warrants in detinue.
Q: Where do you practice?
A: As we are based out of Abingdon, Virginia, our firm covers multiple jurisdictions across Southwest Virginia. Specific jurisdictions and counties within Virginia include Washington County, Smyth County, City of Bristol, Wythe County, Bland County, Carroll County, Russell County, Tazewell County, Buchanan County, Lee County, Scott County, Dickenson County and Wise County. In Tennessee, Evan covers Sullivan County, Washington County, and Carter County with other counties TBD depending on the nature of the legal matter(s).
Q: If I have never been to court before, what should I expect?
A: This totally depends on your legal matter. We aim to have sufficient time to prepare our clients for court ahead of time so that no one is caught off guard. We highly encourage either in-person or phone meetings well in advance of your court date to thoroughly discuss your upcoming hearing.
Q: Will I need to appear in court on a Virginia speeding ticket?
A: If you have retained our firm prior to your court date to represent you in your speeding matter, typically NO. However, we ask that you please confirm this with our office beforehand. For some reckless driving matters--especially those involving speeds of 100mph and higher--many courts will still require that our clients appear due to the serious nature of the charge.
Q: Should I prepay my Virginia speeding ticket or traffic infraction?
A: If you plan on retaining our firm, we typically advise our clients not to prepay their pending traffic tickets in advance. The reason for this is that prepaying a traffic ticket before your court date is the same as pleading guilty to the infraction as it is originally charged. It is still possible to obtain an amendment or dismissal of the infraction, but this does complicate the process.
Q: I accidentally missed my court date and was convicted of a traffic offense in my absence; what can I do?
A: Call our office as quickly as possible as there are potential remedies for those types of situations. In Virginia, you are entitled to an appeal to the Circuit Court as a matter of right so long as an appeal is noted within ten (10) days of your conviction. You may also be able to have your matter reopened within sixty (60) days of your conviction upon submission of the proper motion; this is not a guarantee and is determined at the discretion of the judge.
Q: How long will my divorce take?
A: In Virginia, an uncontested divorce with no minor children involved may be resolved after six-months from the date the parties separated so long as they have executed a Property Settlement Agreement, Marital Dissolution Agreement, or similar that divides all of their marital assets and debts. An uncontested divorce where minor children are involved may be finalized after one-year from the date the parties separated so long as they have executed a PSA, MSA, or similar. In Tennessee, divorces may be resolved either sixty (60) or ninety (90) days after the initial complaint for divorce has been filed depending on whether or not the parties have children in common.
Q; If myself and the other parent of my child agree on a custody and visitation schedule for our child, do we still need to go to court?
A: This is difficult to answer. Many custody agreements can be reduced to writing and submitted to the court for entry, but there are several additional steps and many provisions specific to Virginia law that must be included for this option to work. We advise calling our office to discuss this option in more detail.
Q: What do I do if I have been served with divorce papers?
A: Call our office immediately (barring any potential conflicts). Virginia only allows twenty-one (21) days to make a timely answer and file a cross-complaint upon service of a summons and complaint for divorce. Missing this deadline can be detrimental to your case.
Q: I already have a final order for custody in place; can I change this order?
A: Yes, final orders for custody and visitation can be changed by filing a motion to amend. However, a material change of circumstances must be proven first before the judge can determine if the change you want is in the best interests of the child(ren). We advise speaking with an attorney to determine the viability of asking the court to change your existing custody agreement as this can be a complicated process.