James Stanton Abrenio’s Answers

James Stanton Abrenio

Fairfax DUI / DWI Attorney.

Contributor Level 10
  1. How do you file a motion to withdrawal from a plea agreement and dismiss the charges? The case is still under advisement.

    Answered 6 months ago.

    1. James Stanton Abrenio
    1 lawyer answer

    Virginia Code Section 19.2-296 controls if and when a motion to withdraw a plea should be granted. If the motion is made after the imposition of sentence is suspended, the motion should be granted in cases of manifest injustice. If the motion is prior to sentencing or imposition of sentence, the standard is seemingly less strict. A good discussion of the 19.2-296 statute is in the case of Justus v. Comm, 274 Va. 143 (2004). Keep in mind though, you MUST meet with an attorney to discuss...

    4 lawyers agreed with this answer

  2. First speeding offense

    Answered almost 2 years ago.

    1. James Stanton Abrenio
    2. Carleton Penn III
    3. Martin L Bearg
    3 lawyer answers

    Well first you must determine whether or not it was actually a reckless driving. Reckless driving is either over 80 mph or 20 miles above the speed limit. Here, you were doing 24 miles over the speed limit. However, if he only charged it as "speeding" and not reckless, then you should be good. As far as points, both speeding and RD are 6 point offenses in Virginia. Note, however, I do not know how those transfer over to MD or if they will even find out. However, If you want less points,...

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  3. My son, who is 17, was arrested for a 1st shoplifting offense. Is there some type of program in VA to keep this off his record ?

    Answered almost 2 years ago.

    1. James Stanton Abrenio
    2. Michael David Thomas
    2 lawyer answers

    I have not practiced in Cville, but I have done a good amount of juvenile cases in Northern Virginia. Because he is a juvenile, this with be in the juvenile court. I know up here, there are some instances where the Commonwealths Attorney can choose to divert it to a non-court proceeding and order community service. For some reason, I cannot remember the exact name of that process (though it is on the tip of my tongue). However, that is unique to each circumstance, and again I am not sure if...

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  4. What are the legal implications of receiving marijuana through FedEx if intercepted through the police?

    Answered 6 months ago.

    1. Wilfred Ward Yeargan III
    2. James Stanton Abrenio
    2 lawyer answers

    Another thing to consider is this type of case can pose problems to prosecutors. If a package was intercepted, police usually reseal it and deliver it to the addressee. Then they arrest and try to get statements admitting to knowledge of what's in the package. They also try to obtain additional evidence that would tend to prove knowledge of what's in the package. Whoever you're asking this question on behalf of needs to speak with an attorney to see if there are possible defenses.

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  5. I was charged with a class 4 misdemeanor in Bristow, Virginia. I paid my fine. Does this show up on my records?

    Answered 7 months ago.

    1. Faraji Allen Rosenthall
    2. James Stanton Abrenio
    3. Kevin Reese Pettrey
    4. Wilfred Ward Yeargan III
    4 lawyer answers

    I agree. You have 10 days to note the appeal of a finding in the general district court. So if you pre-paid, and it's outside of 10 days, then you're out of luck. You should definitely reach out to a local criminal defense attorney. One thing also to consider is it may be that the clerk did not completely fill out your finding, and that's why it is not showing guilty. If it was entered correctly, there should be a guilty plea and conviction. Speak to an attorney first because if you...

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  6. Will a continuance for dismissal as a minor show up in a pre-employment background check?(it was dismissed)

    Answered 4 months ago.

    1. James Stanton Abrenio
    2. John Anthony Manuel Boneta
    3. Anthony Rocco Pecora
    3 lawyer answers

    Also, keep in mind, because you were a juvenile at the time (at least that's the way I read your question), it wasnt a criminal charge, but rather an "adjudication." Juvenile records are supposed to be confidential, so hopefully that gives you some buffer room. I wouldn't be overly concerned about it. But just have an answer ready if someone does happen to ask you about it in an interview. One thing, also, if the case was dismissed, you should file a motion to expunge the charge. Even...

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  7. My lawyer excused herself from my case after pleading guilty?

    Answered 9 months ago.

    1. James Stanton Abrenio
    2. Kevin Reese Pettrey
    3. Brenton Daniel Vincenzes
    3 lawyer answers

    I dont practice in that county, but I will say in Northern Va, it's rare that a judge will let an attorney out of a case. Over the years, every defense attorney comes to a disagreement with a client that warrants a request from the court to withdraw as counsel. Unless the situation is serious, the court will usually require the attorney to stay in. That being said, it seems odd that you wouldnt even have any idea as to why counsel would withdraw from your case. Regardless, because...

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  8. I have a show cause summons for supposed violating probation, can I get an attorney if I cannot afford one or will they sentence

    Answered over 1 year ago.

    1. James Stanton Abrenio
    2. Eric James Demetriades
    2 lawyer answers

    Sounds like your violation is based upon failure to complete community service, and if I am not mystaken, a knew theft charge? Regardless, if you cannot afford an attorney, you can request a court appointed attorney if they are looking to put you in jail. James S. Abrenio

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  9. Was charged criminally by a subordinate worker after I reprimanded her for poor performance.charges were dismissed.

    Answered 12 days ago.

    1. Justin Wage Esworthy
    2. Matt Clay Pinsker
    3. James Stanton Abrenio
    3 lawyer answers

    Stated plainly, defamation that requires you to prove that a false statement was made and that the individual who published that statement knew it to be fault or lacked reasonable grounds to believe it's true. A good case to look at is Gazette, Inc. v. Harris, 229 Va. 1, 325 S.E.2d 713 (1985). It walks you through a lot of the US Supreme Court cases - it's a lengthy read. You'd then have to prove the value of the damages lost to you. For punitive damages, you have to show "actual malice"...

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  10. What will happen?what will I get? Might not have any witnesses,first offense clean record until this, a b student

    Answered 6 months ago.

    1. James Stanton Abrenio
    2. Erick Masten Platten
    3. Robert Jason De Groot
    3 lawyer answers

    I'm sorry to hear you're in this situation. I must compliment you on taking the effort to research what you should be doing on your own. I've represented a lot of kids, many 13 and younger, so being a go-getter is always a good sign. A couple things to keep in mind. First, you're under 18. Therefore, your charge is not actually a "criminal charge" but rather a juvenile petition. So if you lose, it's not the same as an adult conviction. Second, the juvenile justice system is very...

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