Brian Daniel Geno's Answers

If you have a court date in a couple months, are you allowed to write a written absence, and move out of state.?

Answered 08/10/2010: You asked if you could transfer your pending case to PA where you are moving. Unfortunately not. The government must prove that you broke the law in Virginia where it happened and any other place would lack jurisdiction to do it. Here is a thought. If you have a bond, the conditions for it may require that you remain in the state. If you were merely given a summons, then probably not a requirement. You will have to go to court though. If you miss court, you might...

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What charges will he get for raping me and me being sent to mental hospital after the rape in Virginia?

Answered 03/22/2010: I am sorry for your troubles. I think you should call the police and have an interview with one of their detectives. They will be able to evaluate the strength of the evidence against your BF and be able to figure out what kind of charges can stick or are worth pursuing. As a matter of fact, the detective can also interview others including the BF and your mother and perhaps medical professionals. Good luck with this. [Note: Consistent with Avvo policy, this...

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Can I have my criminal history sealed? It is hard to find a job in my medical profession.

Answered 02/11/2010: As far as I can tell, there is no special circumstance which would make it possible to seal or expunge your Attempted Capital Murder charge (the charge only) despite the fact that the result was a simple assault misdemeanor. Virginia Code 19.2-392.2 is the statute I am referring to. If you received 2 charges and one of them was the misdemeanor and one was the Attempted Capital Murder, then you can expunge the dismissed one. There was a suggestion that it could be tricky...

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I was initial charged with a DUI, after going to court it was reduced to "Improper Driving" Can I get my record expunged?

Answered 02-15-2010: If your DWI resulted in a conviction of any sort, you cannot get the conviction nor the charge expunged. However, if you were originally charged with 2 cases including a DWI that was dropped, you can expunge that one. Check out my legal guide for more information on this subject. It is found at http://www.avvo.com/legal-guides/ugc/expungement---can-i-get-one. Good luck with this. [Note: Consistent with Avvo policy, this communication is intended as general...

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My tax preparer made a mistake on my tax return. Who's responsible?

Answered 02/17/2010: On your 1040, or any other tax return, you are responsible for the actual accurate information but if you don't correct the return, then you will be responsible for the inaccurate information. Have that accountant amend the return (1040X form) and everything should work out fine. Along with that return, you should include an explanation of the mistake. If it was your mistake (ie. you did not provide the full information) own it. If it was the accountant's error, have...

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What is the distance on a highway for 2 speedlimit signs to be posted before you see another one.Especially on us360. I had to

Answered 02/03/2010. I am not sure there is a maximum distance required before you find a speed limit sign and I do not think there is a requirement to post a sign within 5 miles. I can tell you that there is a presumed speed of 35 miles per hour on State Roads when there is no posted speed limit. If you got a ticket for speeding and there was no posted sign, then you should be able to argue that you were uninformed of any changes. I know that one of the questions police are asked in a...

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My 16 yr old brother and his 16 yr old friend were caught shoplifting? What will happen?

Answered 01/17/2010. Many retailers are using this method. They have the civil remedy to send a bill to your brother's guardian or your brother. They will expect payment. It seems that they have between 200-300 in damages for their trouble catching people like this. They still have the option to contact the police and have your brother charged with petit larceny, but I suspect they will not since you have not heard about it. That being said, I interviewed a client the other day who was handled...

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Can the preliminary breath tester be used in Virginia to establish probable cause to arrest?

The use of preliminary breath analysis is described in Virginia Code 18.2-267. At paragraph E, it says that the results of the preliminary breath test is inadmissible in any prosecution fo DWI. The courts typically will take evidence about whether the test was administered and whether an arrest was made afterward but the results are not admissible in trial. The evidence absent the results are admissible as part of the basis for establishing probable cause (arrest). See Crewey v....

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I was placed on probation for 3 yrs with 10 years suspended. I recently incurred a new criminal charge of petit larceny.

Of course the Petit Larceny charge has a penalty; 1 year possible jail and $2500 max fine. Then, the Petit Larceny would be considered a possible probation violation. You can count on it, probation will know about this too. If you don't report this to probation it is a separate possible probation violation. Now about the possible penalties. You are looking at a possible 10 years in prison (or whatever has not been served of the original 10 years). There is alot you can do however. I have...

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Barrowed car

You should not have any trouble except if your car was towed. The law in Virginia (I don't know about MN) allows you to get your car out early but in this case, it should not be impounded for any particular length of time so you can just go get it out by paying the towing and storage fee. If you have to go to court for it, take your title/registration. You will also likely be required to demonstrate that you did not know the license was suspended when you loaned the car. At the tow lot, same...

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