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Brenton Daniel Vincenzes
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Brenton Vincenzes’s Answers

310 total


  • How is altered/forged license plates proven?

    what do the prosecutors or police have to prove before charging someone with altered/forged license plates? the license plates were found and put on a car that they do not belong on. the car is not driven often at all but to avoid being towed ...

    Brenton’s Answer

    If you are referring to "§ 46.2-722. Altered or forged license plates or decals," check out the link I posted for you. It's the statute. There is a "fraudulent intent" element the prosecution bears the burden of proving beyond a reasonable doubt.

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  • Can I have an expungement hearing appearance waived if I am active military in another state?

    I want to expunge my dismissed charges but I am in another state. If I hire an attorney and the prosecutor objects, is there any way that I can waive my appearance or that an attorney can go to the hearing for me? I am active military and do not k...

    Brenton’s Answer

    You should try contacting an attorney in Richmond by phone, because the answer depends on the local rules. You may also want to first ask whether or not your dismissed charge is eligible to be expunged. There is a lot of confusion in Virginia among the public when it comes to "deferred" disposition dismissals and expungement eligibility. Good luck, and thanks for your service to our country. You may want to call Andrew Meyer, he's a knowledgeable attorney (and his office is in Richmond). (804) 358-2909

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  • What should I do about a possible revocation of good behavior how long does it take to actually be summoned to court. Probation?

    Wanted to know if I could do some sort of jail diversion or even supervised probation and what is the possibility of me doing jail time. Caught a charge in a different city due to me being in the wrong place and police falsifying their statements ...

    Brenton’s Answer

    What should you do? First, you should contact your attorney to find out whether or not you will be represented at the revocation hearing. If representation isn't covered per your legal services agreement, you should seriously consider hiring an attorney familiar with the particular judge who will be making the decision.

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  • What will my release date be?

    I was arrested last August and spent that night in jail. I was there from midnight to about 3pm the next day. I recently went to court and accepted a plea for a mandatory 10 days. I requested a delayed report and am to report tomorrow, April 1...

    Brenton’s Answer

    In my experience, the only surefire way to know is to find the release date from the jail or the Department of Corrections, as the case may be.

    For short-term confinement, the jail may be able to tell you. In some jurisdictions, the release date won't be in the system until turn-in.

    For long-term confinement, the Dept. of Corrections may have the answer.

    Good luck

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  • How long does Drunk In Public stay on criminal record in Virginia?

    just needed to know if it's permanent or not

    Brenton’s Answer

    It is very important to discuss with an attorney (and thoroughly understand) the rules regarding expungement in Virginia BEFORE a case is resolved.

    I receive calls almost every week from people who want an expungement, only for me to have to tell them they do not qualify.

    I would suggest calling a local criminal attorney and request a free consultation. Don't forget to ask about expungement potential.

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  • Motion of suppression.. Will this help? Sorry had to repost

    Actual letter. Comes now the defendant, by council, and moves this court to order the suppression of any evidence seized by the lynchburg police officer and any statements made by the defendant, whether prior or subsequent to the seizure or prior...

    Brenton’s Answer

    How do you know you wouldn't be best served by a motion to bifurcate? Do you know what that is, or why it may or may not be wise?

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  • Reckless driving in Virginia with unrelated accidents in the previous year.

    I received a Reckless Driving ticket this morning for doing 84 in a 60 safety corridor zone on I-95 S. I was driving a rental from Annandale to Richmond for work which i do everyday (over 200 miles roundtrip). The officer was in an unmarked car an...

    Brenton’s Answer

    There are many ways to win a case and/or improve the odds your attorney can negotiate a favorable agreement, but you need to talk to a local reckless driving attorney privately to learn what you can do to improve your odds...each case and defendant is so unique that you won't get a public, personal response on here. Even if you can't afford an attorney at least ask for a free consultation.

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  • How long until you receive your good time?

    My cousin has good time but has not received his new court date but he is due to go back in front of the judge soon as a court date is set.how long can getting everything take far as good time subtracted from his time and a court date?

    Brenton’s Answer

    Your question is a valid one, and I respect that, but you have to realize that there is no way to accurately answer without knowing more. Hopefully, your cousin had a lawyer. They would be a good place to start , as he/she would be the most familiar with the case.

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  • Do i still get a probation after i get my 10 yr GC? If so how long will the probation goin to be.

    Me and my husband has filed the removal of my conditional residency and we had our interview too. All done a month ago. aditionalnquestion, how long does it take for the USCIS to process my papers before the send me my 10 yr GC? Thank u.

    Brenton’s Answer

    We would love to help you, but your question is overly broad and difficult to answer without knowing more. But please, do not post any more information online and instead contact a local immigration and/or defense attorney.

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  • I was charged for Soliciting Prostitution The charges will be dropped after I comply with the requirements.

    I already have a security clearance and will need a top secret clearance in the near future. What are my chances in getting the clearance approved? This is my only and first offense ever. Also, after I comply with the requirements and charges are ...

    Brenton’s Answer

    Ok. First you need to focus on the case at-hand. Once you resolve that (and yes, you should be advised by counsel as far as expungement consequences are concerned), then you can talk about expungement. You will need to have this dropped (nolle pross'd) or amended to an entirely different offense. It sounds like you expect a dropped charge for some reason, and I hope you're right. But you should talk to an attorney offline.

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