James Stanton Abrenio’s Answers

James Stanton Abrenio

Fairfax DUI / DWI Attorney.

Contributor Level 11
  1. Can you travel internationally, once already outside the US with a bench warrant for felony eluding

    Answered almost 2 years ago.

    1. James Stanton Abrenio
    2. Joshua Sabert Lowther
    3. Robert David Richman
    4. Jonathan H Levy
    4 lawyer answers

    Do you mean being extradited from say Europe (by European authorities) to the US? I doubt that is an answer anyone can give. It seems doubtful to me that an international government is going to take someone in overseas. However, is it possible...I imagine yes. What is more likely, at least in my experience, is that when the person decides to come back to the US, they get picked up at the airport. Either way, that is the problem with being on the run. The person is always going to...

    9 lawyers agreed with this answer

  2. What does 2Nd mean on a warrant

    Answered almost 2 years ago.

    1. James Stanton Abrenio
    2. Barry Franklin Poulson
    3. Richard Bruce Rosenthal
    3 lawyer answers

    I agree with the other attorneys in that we need additional information. However, be aware that a 3rd domestic assault conviction constitutes a felony in Virginia. If you have a prior, that would certainly make sense.

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  3. Can a Class 1 Misdemeanor Assault be dismissed if the victim refuses to press charges after the Commonwealth has charged me?

    Answered 9 months ago.

    1. James Stanton Abrenio
    2. Kevin Reese Pettrey
    3. David Joseph Dischley
    3 lawyer answers

    This is a very important question. From a "legal standpoint" the prosecutor represents "the people," and not the "victim" (in this case your boyfriend). The issue where the victim doesn't want to go forward comes up alot in may serious domestic assault cases. The prosecutor's main concern (at least in my experience) is that the victim doesn't want to go forward because the accused (at least in the prosecutor's opinion) may be pulling strings - ie threatening the victim not to testify....

    6 lawyers agreed with this answer

  4. What are my chances of beating a drunk in public charge? It was at night in the backyard- no lights were on and no one could see

    Answered almost 2 years ago.

    1. James Stanton Abrenio
    2. Lorrie Ann Sinclair
    2 lawyer answers

    First a "show cause" is essentially an allegation that you violated your probation on your DA and Poss of MJ charges. Even if you are not actively being supervised, you are still required to remain of "general good behavior" and not violate "any" laws. When you get convicted of a new charge (and in theory even charged), you are required to come before the court and "show cause" why either your suspended sentence should not be imposed or (which may be your case) a conviction should not be...

    6 lawyers agreed with this answer

  5. Would a public defender be good or should we find a defense lawyer with his/her own practice. what possible outcome could result

    Answered almost 2 years ago.

    1. Michael David Thomas
    2. James Stanton Abrenio
    3. John Leif Fossum
    4. Susan Elizabeth Philbrick Allen
    4 lawyer answers

    As a former public defender, they do great work and they are passionate about their clients. Unforunately, they get a bad wrap because they usually get the worst facts. I can tell you that Charlottesville is one of the most respective PD's office in the state as well. Meet with the PD and keep an open mind. When I was working at my office, I'd meet with a client only to find out later that they retained. They wasted a great opportunity at virtually free, excellent representation....

    6 lawyers agreed with this answer

  6. Last 9/11/13, a bottle of sulphuric acid that my housemate had on his stairs spilt on my foot. can i file claim?

    Answered 10 days ago.

    1. James Stanton Abrenio
    2. Dennis Wayne Tackett
    3. Peter Anthony Jabaly
    3 lawyer answers

    To add just a little bit, I have to admit that this is a very unique set of facts. And I'm sorry you had to go through it. When considering your claim, assuming the claim is in Virginia, the first thing you need to realize is there is a two years statute of limitation from the date of accident to file a lawsuit. So you still have time, but need to make sure to keep that in mind. Second, whoever you end up calling, the attorney will certainly need to know exactly how the accident happen....

    5 lawyers agreed with this answer

  7. Is it public intoxication if you are in your dorm building? If not can the charges that followed still stick.?

    Answered 5 months ago.

    1. James Stanton Abrenio
    2. Carleton Penn III
    3. Benjamin Joel Kontaxes
    4. Eric Bradley Stone
    5. Douglas Holbrook
    5 lawyer answers

    These are some serious charges. You need to meet with a local attorney immediately to discuss defenses. If you weren't in public, then there may be an argument that the officer didnt have authority to arrest you. However, given that it's a school dorm, and not your private apartment, there may be arguments the prosecutor can get around. Call someone right away. Best of luck, James S. Abrenio

    5 lawyers agreed with this answer

  8. I was not given my miranda warning prior to being questioned, can this make any evidence against me drop?

    Answered almost 2 years ago.

    1. James Stanton Abrenio
    2. Lorrie Ann Sinclair
    2 lawyer answers

    Miranda rights are only required when the suspect is: 1) in custody (which would effectively mean an arrest, and 2) being interrogated. While it seems that you were being interrogated, the issue of "custody" is a very difficult burden to meet. Unless you were essentially already arrested, you will have a difficult time proving this charge. But it will depend on the circumstances. If Miranda applies, then it excludes statements made and an evidence found as a fruit of those...

    5 lawyers agreed with this answer

  9. IF I TOOK A PLEA AND WAS SENTENCED TO 10 MONTHS HOME INCARCERATION CAN I PUT IN A MOTION FOR A SENTENCE REDUCTION/MODIFICATION?

    Answered 11 months ago.

    1. James Stanton Abrenio
    2. Mark Roman Dycio
    3. Graziella Bianchi
    4. Alexander M. Ivakhnenko
    5. Robert Louis Wegman
    6. ···
    7 lawyer answers

    I agree with my colleagues. I think the best thing to do is contact the attorney that represented the client in the plea agreement. They should then reach out to the Commonwealth's attorney to have a discussion about reducing the sentence. That's because the sentence was reached by way of a plea, and to just file a motion to reduce sentence would (at least in my mind) likely be seen as going back on the agreement. If there are some compelling reasons why the sentence should be reduced,...

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  10. Criminal check for deferred action policy?

    Answered almost 2 years ago.

    1. James Stanton Abrenio
    2. F. J. Capriotti III
    3. J Charles Ferrari
    3 lawyer answers

    The deferred action policy is new, and immigration attorneys are going to be better versed that criminal defense attorneys on how to proceed. My suggestion to you is to listen to your attorney, and if you don't trust him/her, go see another immigration attorney. I have heard many promising hopes about this deferred action policy. But have also heard some downsides. Be careful and go so another immigration attorney. I imagine they do free consultations. Best of luck, James S. Abrenio

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