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Steve Miyares

Steve Miyares

Your guide you to navigate the legal maze.
  • Criminal Law, DUI & DWI, Traffic Tickets...
  • Virginia
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Summary

A resident of Virginia Beach for over 30 years, Mr. Miyares has deep roots in our community. A graduate of Kellam High School in Virginia Beach, Mr. Miyares went on to attend Old Dominion University in Norfolk. After earing a B.S. in Political Science in 2000, Mr Miyares earned his J.D. in 2003 from the T.C. Williams School of Law at the University of Richmond. After his admission to the Virginia Bar in 2003, Mr. Miyares proudly worked in the office of the Norfolk Public Defender. During 8 years in that office, Mr. Miyares gained valuable trial practice experience defending all types of cases ranging from minor misdemeanors to serious violent felony offenses. In 2011, Mr. Miyares teamed up with a collegue to form the law firm of Miyares and Knight, P.C. and expanded his practice to include additional areas of civil litigation. Since 2013 when his partner left the practice of law, Mr. Miyares has worked as a solo practitioner focused on developing strong attorney-client relationships that combine efforts to make sure the client fully understands the law in his or her case with aggressive trial representation to protect the client's interests.

Practice Areas
  • Criminal Law
  • DUI & DWI
  • Traffic Tickets
  • Divorce
  • Estate Planning
  • Family Law
Fees
  • Free Consultation
    Free initial consultation and case evaluation.
  • Credit Cards Accepted
    All major credit cards
  • Contingent Fees
    Schedule a free consultation for full fee details and arrangements
Jurisdictions Admitted to Practice
Virginia
Languages
  • English: Spoken, Written
Professional Experience
Owner/Attorney
Law Office of Steven Miyares
- Current
Owner/Partner
Miyares & Knight, P.C.
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Assistant Public Defender
Norfolk Public Defender's Office
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Education
University of Richmond School of Law
J.D. (2003)
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Old Dominion University
B.S. (2000) | Political Science
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Professional Associations
Virginia State Bar # 65755
Member
Current
Websites & Blogs
Website
Legal Answers
168 Questions Answered

Q. Can Federal rules of criminal procedures apply to State court proceedings
A: The federal rules apply to federal court proceedings. State rules apply to state court proceedings. Virginia’s criminal procedure laws are found in Title 19.2 of the Code of Virginia.
Q. Va statue of limations on what ever they prosecute statutory rape as
A: From your question, it sounds like this was a consensual sexual encounter when you were age 16. Assuming it was consensual, then it would fall under Virginia Code Secrion 18.2-371, which would be a class 1 misdemeanor. For a misdemeanor, the ststute of limitations is 12 months from the date of the incident. Therefore, the statute of limitation would have already expired. If the incident was something that could be charged as a felony, then there is no staturebof limitations on felonies in Virginia. However, your question does not seem to describe a felony offense
Q. I completed a probation period for a misdemeanor a while back. Am I technically convicted? Filling out FAFSA form?
A: You would need to check the court order on the original marijuana charge. If your case was disposed of under Virginia’s first offender statute, then the case would have been dismissedbwithoutba conviction. However, if you did not qualify for a first offender disposition then you could have had a probation comdition as part of a suspended sentnce. The disposition on the court’s order will provide your answer for you
Q. Can I terminate a lease if I already agreed (only verbally) to renew for 1 more year? What the prior notice should be?
A: The first thing you need to do is lool wt the terms of your leasebto see what it says about how you are supposed to give notice of terminating or renewing the lease. After you check that, if still have wuestions then you should consult with an attorney about the spcific facts and circumstances of your particulqr case.
Q. Do we need to get a lawyers for a class 1 misdemeanors
A: A Class 1 misdemeanor is a jailable offense punishable by up to 12 months in jail and a fine of up to $2500. Therefore, you would be facing up to 24 months in jail and up to $5000 in fines. I would strongly recommend that you consult with and retain the services of an experienced crimnal defense attorney to discuss the facts and circumstances of your particular case.
Q. I have two 18 year old that decided not to visit the father, can I be held contempt for this.
A: If your children are over age 18 then they are adults and free to decide what contact they want with their father. You are no longer responsible for their decision not to visit their father. You would jot face legal consequences for their decision to not visit their father
Q. 17 year old marriage?
A: You can not get married at all in Virginia unless you are at least 18 years old. In the past it was possible to get married under age 18 woth parental permission. However, in 2016 the law chamged in Virginia and now no one under age 18 can get married unless you are emancipated by court order. Therefore, under the situation you describe, you will not be ablebto legally marry in Virginia until after you turn 18 in January. Good luck to you
Q. Would I have to pay the same lawyer that is representing my son on him murder case to do his appeal if I have chosen?
A: There are several issues that could impact the answer to your question. Is your son’s attorney court appointed, or was he retained. If he was court appointed and your sone still qualifies for court appointed attorney, then the court will decide which attorney to appoint for any appeals. If your son’s attorney was retained, then you would need to refer to the terms of the retainer agreement to see if the representation included any appeals. Regardless of whether represented by a court appointed attorney oraretained attorney, your soneould have the right to hire any attorney of his choosing if he can afford to hire one. If he hires (or if you hire for him) another attorney, then that new attorney can file the appropriate motion with the Court to substitutein as counsel. Your best course of action would be to speak toyour son’scurrentattorney to determine what options are available for your son’s specific situation
Q. My son has a malicious wounding charge against his girlfriend. She wrote stating it is all a misunderstanding
A: What is your question?your son should discuss the issue with his attorney. The girlfriend has no authority to determine how the case proceeds. The Commonwealth’s Atorney is in control of prosecuting thr case. The girlfriend can talk to the prosecutor about her desire to have this matter dropped, bit the prosecutor can still choose to prosecute the matter. Even if the girlfriend doesn’t want to cooperate, it might be possible for teborosecution to proceed using prior statements, etc. Again, your son should speak to his attorney about this issue in order to evaluate his possible defenses.
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Contact & Map
5900 East Virginia Beach Blvd.
Suite 202
Norfolk, VA 23502
USA
Telephone: (757) 955-7739
Fax: (757) 644-1290