Laura Schwartz is a licensed Realtor in VA, D.C. and MD with McEnearney Associates in Vienna. You can follow Laura on Instagram at @LauraSchwartzRealtor or her Facebook page. Laura can be reached at 703-283-6120 or [email protected].

This past holiday weekend kicks off some of the most treasured traditions around McLean and Vienna as we enter the holiday season. Even with the pandemic, the towns are finding ways to keep old traditions alive and create fun new ones.

I’m including some highlights around town, dates and places, but also pages to follow on social media to stay up to date if new ones pop up. Also, stay tuned next week for my list of must-see holiday light displays!

#WhereIsSanta Scavenger Hunt

Each Tuesday at 12 p.m., the town will announce a new clue to find Santa through December 22. Each location will qualify for an entry for a $50 Amazon gift card. Tag @TownofViennaVA and use #WhereIsSanta on social media to be entered. The clue can be found on the town website or the Facebook page.

Vienna Tinsel and Tacky Holiday Attire Contest

Categories for entry include Best Duo/Group, Best Adult, Best Kid and Best Pet! You can enter online. You must submit your application and photos by Friday, December 18, and the winners will be announced on Monday, December 21.

Zoom with Santa

This FREE event requires tickets, so you must register on the Vienna webtrac system. Many slots are already full, so sign up soon for December 9.

Light Up Vienna

This is a town-organized porch parade for decorated homes AND businesses! You must enter by December 7 and vote by December 16. Find more information on Vienna’s website.

McLean Volunteer Fire Department Santa Tracker

Santa and his elves begin their journey to visit residents TOMORROW! Follow the Facebook page for neighborhood schedules, and the website has the tracker.

McLean Gingerbread House Decorating

Order a pre-built gingerbread house with a variety of candy decorations. Share your work of art on social media with #MCCGingerbreadHouse.

Photos with Santa at MCC

Families with children ages 2 to 8 can get contactless, outdoor photos with Santa. This is also an opportunity to donate new and unwrapped toys to their Toys for Tots Campaign.

FBI statistics indicate that every 22 seconds in the U.S., a violent crime is reported. While violent crimes are certainly sensationalized in the media and popular culture, property crimes are far more prevalent, with one reported about every 3 seconds in the U.S.

In fact, property crimes are actually ten times more prevalent than violent crimes. An average of ten million property crimes are reported each year, whereas around one million violent crimes are reported annually. Here are the most common property and violent crimes in America, in order.

Larceny/Theft

Depending on the state, theft, or larceny, is by far the most common crime in the United States, accounting for almost 60 percent of all reported crimes. Larceny/theft is a nonviolent crime, as it does not require the use of force. Theft is typically classified as a misdemeanor due to its nonviolent nature, partially explaining its prevalence as it does not usually come with jail time.

Burglary

Burglary is the second most common crime in the United States, with burglary reports totaling over two million burglaries every year. Burglary is also a nonviolent property crime and accounts for around 18 percent of all reported crimes in the United States.

Grand Theft Auto (GTA)

Grand Theft Auto comes in at number three on the most prevalent American crimes, annually accounting for around 10 percent of all crimes in the United States. Depending on the state, GTA may be classified under a variety of different terms, from motor vehicle theft to first-degree theft. With over a million cars reported stolen every year, there appears to be a steady demand on the black market for stolen cars in America.

Aggravated Assault

The first violent crime to crack the top five, aggravated assault is the fourth most common American crime and accounts for around seven percent of all reported crimes. According to the FBI’s Uniform Crime Reporting Program (UCR), aggravated assault is defined as “an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury.” Aggravated assault can, but does not necessitate, the use of a weapon or firearm, and aggravated assault of any variety occurs around 800,000 times each year.

Robbery

The fifth most prevalent crime in the United States is robbery, another violent crime. Robbery is different from simple theft/larceny in that it is theft directly performed on another person. Robbery also necessitates the use of force or coercion, and in many instances, violence is necessary. A robbery can range from a mugging in a dark alley to an elaborate bank heist. Any form of robbery accounts for around three percent of all reported crimes, with about 500,000 robberies committed each year.

Other Types of Prevalent Crime

While the top five most common crimes may be surprising, other well-known crimes such as homicide, DUI, weapons and drugs are also prevalent in the United States, although they are far less plentiful than many people assume. However, simply because these crimes may not crack the top five most common American crimes, they still have devastating effects on the victims and overall community.

Drugs, in particular, have been especially destructive, as possession and trafficking are not only considered crimes, but a new report from the Bureau of Justice (BJS) indicates that drug abuse and addiction were found to be at the root of 21 percent of all crimes. The BJS report also found that 40 percent of all prisoners incarcerated for property crimes and 14 percent of all prisoners incarcerated for violent crimes stated they committed their most serious offense for drug-related reasons.

With over 473,000 Americans currently in prison for seeking drugs, and around one million arrests made each year for drug use and possession, it is clear that the current systems in place to address drug crime and rehabilitation need to be reevaluated.

Punishments for the crimes mentioned above vary depending on a variety of different factors, and every crime is examined and assessed on a unique basis. “If you or someone you know has been accused of committing criminal activity, the first thing you should do is consult an attorney who is knowledgeable about the laws in your area” says attorney Omeed Berenjian of BK Law Group. While the punishments for these crimes may vary, the prevalence of these crimes indicates it does not always do enough to dissuade people from breaking the law.

Ultimately, many Americans’ fears about the most common crimes are misplaced, as they are far more likely to get carjacked or stolen from than murdered or abducted. However, it is important to remember to stay vigilant and keep your doors locked, as you never know who is out there.

The gender pay gap, where women earn less than men in the same job roles, is a complex issue involving race, education, type of job and other factors. While no single solution exists for resolving the gap, recent research suggests that help is found in an unlikely source — divorce.

How does divorce affect a woman’s earning potential? What type of custody arrangement benefits both the financial well-being of the parent plus the emotional well-being of the children? Here’s a closer look at how seemingly commonplace issues settled in court can leave a lasting impact on how much a woman earns in her career.

Many Custody Arrangements Rely on Outdated Stereotypes

Family courts treat the vast majority of divorcing couples in the same way. The mother is considered the main caregiver, while the father is assumed to be the main breadwinner. As a result, mom is awarded primary custody while dad is limited to visitation. The general idea is that the mother has less time to work because she’s busy raising the kids, so she’ll get more in child custody from the father.

Unfortunately, the arrangement rarely works as intended. Approximately 34 percent of single mothers receive child support. The average amount ordered given is $480 per month. While that is rarely enough as is, the average amount actually received is $287. For most mothers, that barely covers a week of groceries.

The crux of the problem is as follows: When a single mother is the primary caregiver, but she isn’t getting enough child support to meet her family’s needs, she’ll need to seek out employment. Unfortunately, because she’s raising her children on her own, she typically doesn’t have the time or opportunity to obtain a full-time, high-paying job.

A recent study from Wealthy Single Mothers suggests the solution is 50 percent shared custody. Of the 2,200 single mothers surveyed, women with a 50 percent split were 54 percent more likely to earn at least $100,000 annually compared to couples where the dad only has visitation, and the mom is the primary caregiver. Additionally, compared to moms who raise their children entirely on their own, meaning no visitation, moms with equal split custody have a 325 percent greater likelihood of earning $100,000 per year.

How Single Mothers Feel About Shared Custody Arrangements

For many women, 50-50 custody offers the potential of greatly increased earning power. However, it is an incredibly rare occurrence within the court system. Only 13 percent of women reported having split custody. Instead, over half of women (51 percent) said they had no support at all and had custody of their children 100 percent of the time. Among women with primary custody, 48 percent said they would prefer joint custody instead.

“State laws currently lag behind what most women want in terms of custody,” said Attorney Jeanette Soltys of Atlanta Divorce Law Group. “Only Arizona and Kentucky have some type of equal parenting law, although 15 states are currently considering similar bills.”

The Potential Downside of Split Custody

While 50-50 custody poses many benefits, it is not an appropriate solution for every divorcing couple. Many domestic violence organizations oppose laws that force split custody. For example, the West Virginia Coalition Against Domestic Violence identifies the decrease in domestic violence claims in Kentucky following the law’s passing as evidence it increases the difficulty of leaving abusive relationships.

However, opposition to these types of laws isn’t shared by every domestic violence prevention organization. Some proponents argue that sometimes parents will attempt to gain full custody solely as a bargaining chip during a divorce, which these types of laws can potentially help limit.

In addition to concerns related to domestic violence, another potential issue is earning inequality. Many women leave their careers, at least temporarily, after first having children. Any sustained absence from the workforce can impede that person’s ability to command a higher salary.

Final Thoughts

In an amicable divorce, split custody benefits all parties. Both parents have the opportunity to improve their earnings while also spending increased time with their children. Unfortunately, many courts seem stuck in a certain mode of thinking regarding which parent is capable of providing care.

While changes in state laws can help improve the current situation, possibly the most powerful solution involves changing public perception. As the idea that a divorced dad should care for his kids half the time becomes normalized in society, the courts will likely increase instances of awarding split custody.

Founded in Vienna, Virginia, by an immigrant black woman from West Africa, The Scripture Company is the embodiment of a mission driven company. In the founder’s words, “Our mission is to create products that inspire women to seek spiritual wholeness, practice self-care and improve well-being.”

Their all-natural scented soy wax candles are inspired by powerful women whose legendary stories of survival, bravery, intelligence, tenacity and success are told in the Bible.

The four debut fragrances Queen of Sheba, Ruth, Hadassah and Proverbs 31 contain notes like bergamot, sandalwood, zesty lemon, florals like blue lilies and heavenly honey. These are the type of candles that you can smell through packaging and leave a room with hints of its presence long after the wick is snuffed.

The founders have perfected their signature candle making formula making them a strong contender against high-end designer brands. The candles are hand-poured in small batches and allowed to cure for several weeks before they are sold. They burn cleanly and evenly and infuse a room with exceptional scent.

It’s refreshing to see such mission-oriented brands emerging during this tumultuous COVID-19 period. Scripture is one such company that gives us all hope that there are still rainbows at the end of the storm.

Their holiday line themed Gold, Frankincense and Myrrh is now available for sale and pre-order via their website. Holiday pop-up shops will also be announced soon via their website.

Follow them on Instagram @thescripturecompany, or shop online at www.thescripturecompany.com.

Laura Schwartz is a licensed Realtor in VA, D.C. and M.D. with McEnearney Associates in Vienna. You can follow Laura on Instagram at @LauraSchwartzRealtor or her Facebook page. Laura can be reached at 703-283-6120 or [email protected].

“Throughout Vienna’s history, the Freeman Store has been a store, home, train depot, hotel, hospital, officers’ quarters, fire department and historic site — the building is on the Virginia Landmarks Register and the National Register of Historic Places.” — The Historic Vienna, Inc. website

The Freeman Store is an iconic stop on downtown Church Street, next to the Vienna Town Green (which is the host of many events throughout the year), next to the W&OD, the gathering spot of the annual “Church Street Stroll” and tree lighting/menorah lighting at the holidays.

You’ll find the store has some of the cutest Vienna-centric gifts like blankets, water bottles, tea towels, pillows, ornaments, notecards and more. Mostly made by local artists, these are sold by the Freeman Store to support efforts by the Historic Vienna activities and programs. In the basement, you’ll also find a used book store.

Normal Business Hours (non-pandemic) March through December: Wednesday to Sunday, 12-4 p.m.; January and February are by appointment only.

**Starting Thursday, November 26 through December 20, the store will be open Saturday and Sunday 12-3 p.m.

They have random online pop-up sales with contactless pickup, but you’ll need to check the website for those date announcements, or follow them on Facebook or Instagram.

This is a great place to find house-warming gifts or gifts for people leaving the area, holiday gifts, ornaments, or keepsakes.

Shop small from the comfort of your home this holiday season at the Creative Collective Virtual Holiday Pop Up, starting November 20.

For the past two years, Creative Collective has held a holiday pop-up at Tysons Corner Center featuring small, local businesses. This year, due to the pandemic, they are moving the pop-up online.

The Creative Collective Virtual Holiday Pop Up will feature videos from local creative makers, designers and curators.

“Our customers love meeting the people behind the products, learning about what inspires them and about their creative process. These videos help our customers make that personal connection with our local business partners,” said Aurelou Cole and Wendy Whittleton, owners of Creative Collective.

The Creative Collective Virtual Holiday Pop Up will showcase products from these local, predominantly women- and minority-owned businesses. “We love supporting small, local businesses. They have great products, and we hope this virtual holiday pop-up will help them during this very difficult time to continue to grow,” Cole and Whittleton said.

The Creative Collective Virtual Holiday Pop Up begins November 20. Follow the action at Creative Collective’s Instagram and Facebook pages (@creativecollectivepop).

Virginia’s General Assembly proposed a bill, Senate Bill 1443, that would remove mandatory minimum sentences for all crimes excluding Class 1 felonies. The bill has sparked significant concerns from anti-drunk driving organizations.

Before the bill, there were a series of mandatory minimum sentences for certain blood alcohol content levels (BAC). For a BAC of 0.08 — twice the legal limit — the offender was required to be in jail for five days. Those with a BAC of 0.2 or higher had a mandatory minimum of 10 days in jail.

There were specific stipulations for repeat offenders as well. If someone got two convictions within a five-year span, they must serve a mandatory 20 days in jail. If those two convictions took place within 10 years, that sentence is reduced to 10 days.

Senate Bill 1443 would remove these mandatory minimums, allowing the judge or jury to decide the sentence for each specific situation. Several advocacy groups have spoken about their concerns about removing mandatory minimums for drunk driving cases. They are especially concerned about extreme cases involving repeat offenders or those with astronomical blood alcohol content called “super drunk” drivers. They argue that, without mandatory minimums, drunk driving offenders may be released with minimal penalties and return to their destructive behaviors.

Crime Classifications

What classifies as a Class 1 felony varies from state to state. In Virginia, Class 1 felonies include murder and sexual abuse of a child under 15 years old. Committing these crimes can result in life imprisonment, a fine of up to $100,000.

Senate Bill 1443 would specifically keep mandatory minimum sentences in place for these felonies. However, all other crime categories would lose their mandatory minimum sentencing, such as aggravated manslaughter and child pornography. In cases involving these crimes, it would be up to the judge or jury to decide the sentencing requirements for that particular case.

Why Anti-Drunk Driving Advocates are Concerned

There is a long list of anti-drunk driving advocacy groups opposing this bill. The Washington Regional Alcohol Program, Mothers Against Drunk Driving, the American Automobile Association’s Virginia Branch, and the Foundation for Advancing Alcohol Responsibility banded together to write a letter to the General Assembly discussing their qualms with the current state of the bill.

Kurt Erikson, president of the Washington Regional Alcohol Program, explains their reservations by using the expression “throwing the baby out with the bathwater.” Essentially stating that Senate Bill 1443 is a good idea, but it should not apply to drunk driving cases.

There is some truth behind his statement. Two-thirds of drivers involved in fatal crashes had a BAC of 0.15 or higher, and on average, a Virginian dies in a car crash every 33 hours. These two statistics clearly show how drunk driving can be hazardous for Virginia’s citizenry.

However, there are some, including the Democratic State Senator John Edwards from Roanoke County, who authored the bill. He argues that judges overseeing these cases would still have the jurisdiction to impose harsh sentences. The bill would only remove mandatory minimums for a majority of drunk driving cases. His statements have done little to settle the worries of anti-drunk driving advocacy groups.

Where Are We Now

Against the concerns of several anti-drunk driving advocacy groups, Senate Bill 1443 passed with a 21-17 vote. However, many organizations are still fighting to decrease the number of people who die in DUI related car crashes.

Currently, Fairfax County has the most deaths in Virginia with an average of 19 DUI related fatalities each year between 2006 and 2010. Fairfax Criminal Lawyers are working with the Fairfax County Police Department in a campaign called Checkpoint Strikeforce in an attempt to decrease these numbers.

Even while making these attempts to decrease the number of DUI cases, advocacy groups are still concerned about what this could mean for future drunk driving cases. It has yet to be seen how removing mandatory minimums may affect the number and severity of drunk drivers on Virginia’s roadways.

Virginia is set to legalize marijuana usage on July 1, 2021, but will continue to keep marijuana production and sale illegal until 2023. Many State Democrats are speaking out against this apparent disparity.

The current argument is that a regulated market needs to be established with clear laws and regulations outlining how marijuana will be treated as a legal drug. However, many are still concerned about what this means for communities of color and how this contradictory law could lead to further racial discrimination.

What Does the Law Say?

To better understand why dissenters are concerned, let us look at what the law itself proposes. Marijuana use will be legalized starting on July 1, 2021. However, it will still be illegal to grow, sell, or distribute products containing marijuana until a regulated market is established in 2023.

Until then, civil penalties will still be in place. Possession of one ounce of marijuana or greater could lead to a fine ranging from $250 to $250,000. In extreme cases, an offender can be sentenced to up to 10 years in prison. The criminal penalty amount originally proposed was five pounds of marijuana but has since been reduced to one.

Although criminal punishment is still on the table for marijuana possession, Virginia lawmakers are currently designing a plan that would regulate marijuana as a legal drug. All criminal records featuring marijuana-based penalties will be cleared of those crimes. They also plan to remove the law where any lawmaker convicted of a marijuana-related offense must be removed from office.

When marijuana is bought legally, though it is unclear how to do so, the State gets a cut of the profits through taxes. All marijuana sales would have a 30 percent tax, with 21 percent being a state excise tax and up to 3 percent going to localities.

The Issues

It is clear that there are already some structuring issues regarding how this bill has been proposed. For starters, what is the purpose of legalizing the use of a drug without also legalizing its production? This is the main argument of State Senator Richard Stuart, a Republican representative from Stafford County who referred to it as  “ludicrous.”

State Senator Jennifer McClellan, a Democratic representative from Richmond County, argues that enforcing soon-to-be-ending prohibition laws against the drug only hurts the citizenry. Essentially, if they have truly decided that this is an action that should not be criminalized, then why continue punishing people for it?

There is also the issue of the amount of marijuana that must be in possession for a criminal penalty. Though five pounds in possession was the original proposition, Delegate Terry Kilgore from Scott County argued that such a high amount could lead to people selling marijuana without a license. Majority Leader Charniele Herring, a Democrat from Alexandria County, agreed with Kilgore after seeing a photo of five pounds of marijuana.

However, the most significant concern seems to be how this could impact lower-income communities of color. The American Civil Liberties Union (ACLU) is wary of the proposed marijuana legislation for this reason. They argue that there are unintended consequences to contradictory legislation like this and that those contradictions will hurt black and brown communities disproportionately.

Virginia lawmakers are working with Richmond Criminal Lawyers to negotiate elements of the new proposed legislation. There is no telling how this proposed marijuana law could impact lower-income communities of color if there is no correction. It has yet to be seen if the timeline for a regulated market will be pushed sooner to correct for the disparity.

Laura Schwartz is a licensed Realtor in VA, D.C. and MD with McEnearney Associates in Vienna. You can follow Laura on Instagram at @LauraSchwartzRealtor or her Facebook page. Laura can be reached at 703-283-6120 or [email protected].

I can’t believe Thanksgiving is right around the corner.

I find it incomprehensible we’ve been battling COVID-19 for nine months! I am also coming to grips with our own personal reality that my family will be (lucky enough) to spend Thanksgiving as a foursome instead of with our usual extended family.

Looking at the silver linings, that also means that I’m trying to take advantage of that and do things unconventionally. I tried to persuade my boys to do a seafood main, but that didn’t go over like I had expected, so we’re doing a small-scale turkey dinner. We’ve also contributed dinners to two families who needed help, so don’t forget about the different options to help others this year.

But let’s talk dessert. Maybe you’re a pumpkin or pecan pie kind of person, or maybe you go for an apple crisp like me. Or maybe this year you want to go crazy and get an ice cream cake. Whatever you’re looking forward to indulging in, I’ve got some ideas for you below.

Lots of local restaurants are also doing Thanksgiving dinners to go, so check with them if you’re looking for the whole shebang.

• My favorite apple crisp is from The Fresh Market. Hands down.
• Pie Gourmet — Try their chocolate cream pie, but they want orders by tomorrow, November 17. They also do savory pies if sweet isn’t your thing!
• S’mores Pie from Amphora Bakery
• Custard from Kiln and Co
• Chocolates from Cocoa Vienna
• Flourless chocolate cake (gluten free!) from Bazins
• Hot Chocolate Bombs by Whisked by Mukta. These are so fun for kids, and my husband declared this the best hot chocolate.
• Pastries from Sweetbites in McLean
• Anything from Best Buns! They have a few specials for Thanksgiving that require 48-hour notice, including white chocolate cheesecake, pumpkin pie and chocolate bourbon pecan pie.
• Chocolate Chip Espresso Cookie Dough Pie from Northside Social. (Pro tip: Try their quiche or pastries for breakfast as well)
• Vienna Farmer’s Market local Savagely Good — they have gluten-free chocolate torte and key lime pie, but my kids love their cinnamon rolls.
• A little treat just for the kids? Try a cake pop from Vienna local Delicioso Decor.
• Another unexpected treat: 100 percent vegan, gluten- and soy-free custom cakes from plant-based Viva Sol.

One more thing — if you know anyone over the age of 70 spending the holiday alone, Medium Rare is delivering free meals to them.

No matter how you choose to spend your Thanksgiving, from my family to yours, wishing you a healthy and happy holiday.

When someone passes away, not all assets are immediately or easily transferred to the intended heirs. Although creating and maintaining a will typically help transfer assets, a deceased’s assets are required to go through the court’s probate system. In these situations, it is important to learn about the probate process and seek legal advice when necessary.

What is Probate?

Probate is the court process that distributes someone’s estate after a loved one has passed. Typically, the probate process can take anywhere from six months to over a year. For descendants without a will, the estate is required to undergo a longer process. In these instances, the court will either select or approve an executor to manage the estate assets.

People who pass away with lots of debt may use probates so that the court can handle the claims. The court will decide how much each creditor is entitled to receiving. This helps prevent creditors from suing your heirs for assets and speeds up the asset transfer process. Likewise, people may use probate to ensure that the assets are divided properly amongst heirs. This can be especially helpful if your heirs may be overly contentious when dividing your assets.

How Do I Find Out the Probate Jurisdiction?

Typically, probate is handled by the circuit court where the deceased person owned real estate or resided before death. In circumstances where the deceased lived in a nursing home or hospital at the time of death, the circuit where they previously lived is typically granted court jurisdiction.

Virginia Probate Laws

Probate policies differ from state to state and have different taxes and process mechanisms.

Most notably, Virginia has a probate tax for estates over $15,000. Typically, this includes a $1 state tax and $0.33 local tax for every $1,000 someone has within an estate. For $100,000 estates, this probate tax would come out to $133.

Estates with more debt than assets are called insolvent estates. Typically, Virginia law provides that insolvent estates must pay debts and claims in priority order. High priority payments may include the expenses of administering the estate, family allowance, and funeral expenses of up to $3,500. Additionally, federal or state debt and taxes will also have priority over other claims.

In these cases, it is important to contact knowledgeable legal counsel so that the executor can maximize the estate’s potential and properly handle the debt-paying process.

How Can I Handle Virginia Probate?

To help understand the probate intricacies, Trusts and Estates Attorney Kerri Castellini explains how a lawyer can help manage the probate process.

“After the death of a loved one, a family wants to take time to grieve a loss,” says Castellini. “Unfortunately, debt collectors contact a family after their death and add to a growing list of expenses. In these cases, it may be difficult to determine how much debt your loved one owes and where to start with paying off expenses.”

When handling debt, oftentimes, an executor of an estate may pay off a funeral bill right away. In cases where other debts take priority, this can mean that the executor may be required to reimburse the funeral bill if the estate is insolvent. Speaking with a dedicated trust and estate attorney can help you tackle the probate process properly.

To help handle the probate process and prevent insolvent estate problems, the following steps may be helpful for executing an estate.

• Obtain a copy of the deceased’s death certificate
• File the will (or deceased’s estate assets) in the local circuit court
• Find and communicate with professionals — an estate attorney, accountant, insurance agent, and others to file the appropriate paperwork
• Create an estate account to hold the deceased’s assets

By beginning with those four steps, executors can help stay organized during the probate process. As going through probate is quite tricky, organization and collaboration amongst the different parties involved are essential to executing an estate.

Settling an estate through probate can be tiresome and confusing. With different creditors and heirs involved, the process can create an emotional toll during an already difficult time. To help prevent issues, it is important to seek estate execution assistance. Proper help can ensure that the estate debts are properly paid and that assets are paid out to the intended heirs.