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James Stanton Abrenio
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James Abrenio’s Answers

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  • I have a reserved handicap parking at my apartment complex and the same person is parking in my spot leaving me without parking.

    I have a reserved handicap place with my name on it, the same person with out of state plates and a handicap tag has been parking in my reserved spot when I leave for months. Now I have to park 3+ blocks away sometimes off the road in inclement we...

    James’s Answer

    You may also think of something a little more creative. Perhaps post a picture of you with your car near the spot explaining the situation. Something like, "I'm ____, and I have real difficulty getting into my home. Unfortunately, someone doesn't really care and keeps parking in my spot..." Perhaps a little public shaming may help deter the offender.

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  • If I test drive a used motorcycle and wreck it because they used tire shine on both tires, should I file a personal injury suit

    I have been riding for years, I have a bike. I have motorcycle learners. I bought the wrecked bike. It was a large car dealer that doesn't deal with bikes.

    James’s Answer

    They will also claim that it was your fault for the accident. As my colleges point out, Virginia's contributory negligence law makes it difficult to recover. That doesn't mean your claim is dead in the water, but it will be difficult.

    If you spoke with any of the employees who admitted it was their fault, that would be helpful. Best of luck,

    James S. Abrenio

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  • What is the code in virginia for appointment of new council (marsden hearing)?

    based on key facts that support this motion

    James’s Answer

    Are you seeking to hire an attorney or get a different court appointed attorney? If you're hiring an attorney, all you need to do is hire that attorney and he/she will take care of it. If you're seeking to get new court appointed counsel, you can certainly file a motion as mentioned by my colleagues.

    However, frankly, if it were me, I'd speak directly to the attorney and ask him/her to file a motion to withdraw and appoint new counsel. As a non-attorney (who doesn't practice criminal defense of course), my concern is that you'd make a statement in your papers to the court that will hurt your case.

    I will say that as a public defender, I've only had a few clients seek a different attorney. And it was usually because the client wanted a result that I simply couldn't promise to provide. I had one case I can recall where the client filed his own motion, which was not so great for his case or credibility. If he'd simply asked my to, I would have filed my own motion to withdraw and it would have made it easier on the client from a confidentiality stand point.

    But this is just my suggestion. Ultimately, it's your case and your decision. Best of luck.

    James

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  • Am i in trouble?!

    Im underage and stole a hoodie from a store in the mall, the employees called the mall cop people and they said they down my info and told me im banned from the mall and im probably gonna get a mail saying i have court! I havent told my parents, ...

    James’s Answer

    Generally, they give you the summons in person. But I have heard of people getting notices in the mail. Look, theft is a criminal offense. If you were an adult, it would be a class I misdemeanor (assuming the hoodie was under $200). That means a potential of up to a year in jail and a $2,500 as maximums. For a first offense, that's not usually the case, but it is the maximum.

    Because your a juvenile, you'd receive a juvenile petition for juvenile court. That court deals more with rehabilitation rather than punishment. But you should still take it very seriously.

    I'm sorry you are losing sleep. But let's be honest, it's demonstrates pretty poor judgement. And your parents have a right to be upset in the event that they find out. It's true that they could be just messing with you. But it's also true that you could also be charged, since they have your information.

    The criminal defense attorney in me says that you should not talk about the charge with anyone including your parents. But there's also the part of me that thinks "what I would do if my mom were to find out by receiving a summons in the mail rather than by me just fessing up?!" That's a pretty hard call. But keep in mind anything you admit to can be used against you in court.

    Perhaps you let your parents know about the occurrence but say you are not allowed to talk about the facts. But perhaps that get's you in even more trouble. I'll allow my colleagues to give additional input.

    But when it comes down to you, you've got to think "what the heck was I thinking?!" One theft turns in to multiple thefts, turns into you facing felony charges.

    Sorry you're in this situation, but hopefully it makes you truly rethink what you're doing.

    Best of luck, and call a local attorney.

    James

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  • Can i sue a hospital for improper care while i was an inpatient

    I had surgery and i was on the bariatric floor the staff didnt properly care for me throughout my stay. Ive suffered for 8months now for back injury frm being improperly moved. I walk with a walker n im currently back in therapy. There's a lot mor...

    James’s Answer

    It's not necessarily "can" you sue. Rather it's "should" you sue. When it comes to law suits relating to pain and suffering caused by a medical provider, you've got to prove that it was the provider's was the "proximate" cause of your injury and that as a direct result, you suffered damages. Proving cause can be a difficult AND expensive thing.

    First, the defense will explore your medical history and will point to every medical issue reasonably related as the cause of your pain, and not their treatment. The defense will then claim that it's treatment of you was not negligent at all and therefore not the cause of your pain. And then the defense will thoroughly evaluating your treatment related to your claim for any way to argue that your either not in pain or its not caused by them.

    In making this analysis, you will have to be involved in active litigation. That means being sent written questions and asked to produce documents. You will then have to be deposed by the defense. And you will likely have to undergo an Independent Medical Examination, where the defense doctors get to evaluate you.

    You will also have to find medical professions that will rebut their claims and prove yours. That means hiring someone who can testify that their treatment did indeed violate the standard of care that should have been provided to you. You'll then need to have a doctor explain (in a simple and direct manner) that your injuries were caused by your treatment at this hospital.

    I dont tell you this to discourage you. You should reach out to local attorneys and discuss your case with them. I tell you this to prepare you for the long road ahead, should you so choose to follow it. Unfortunately, hospitals generally hire very aggressive attorneys who push cases.

    Best of luck,

    James Abrenio

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  • My ex is trying to contact my landlord and tell lies to get my kids and i put out of our home. Can I get him charged ?

    Can I get him to stop threatening me .Can I go to the court to do something about it?

    James’s Answer

    When you say "threatening you," do you mean physical threatening? If that's the case, you should speak to a local attorney about possibly getting a protective order. It's not easy to do, so you'd need an attorney to help you assess whether you'd have a chance to win. But part of the order of the court could be to not have contact with you. I'd imagine contacting your landlord could be argued as contact since it's essentially contact through a third party.

    You could also try the civil slander type case. But sounds like he doesnt have much money, and your main motivation is to just get him to stop. A civil suit would probably just encourage him.

    I see that you have kids. He he the father? If so (while I dont do family law), there's got to be some type of custody procedure. So you may want to consult with a family law attorney. They could probably discuss with you the protective order route as well.

    Best of luck!

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  • CONVICTED OF DUI AND DID MY MANDATORY 20 DAY SENTENCE... i HAVE ASAP INTAKE THE 18TH... SHOULD I TELL THEM

    i MIGHT STILL HAVE THC IN MY SYSTEM IF THEY GO TO TEST ME? I HAVE NO INTEREST IN SMOKING WHILE IM ON PROBATION OR IN THESE CLASSES BUT WILL THEY GIVE ME 30 DAYS TO CLEAN UP IF SO?

    James’s Answer

    Probation (ASAP) violations are only for actions committed while on probation. Sounds like you're pretty certain it's in your system, so you'll need to disclose whether you've smoked prior to being placed on probation so they don't try to violate you for it. If they violate you, they violate you. And you'll have to deal with it in court. But the argument is that any activities were committed prior to ASAP.

    Best of luck,

    James S. Abrenio

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  • How to get a detainer lifted as well to find out the pertinent facts surrounding the detainer, while incarcerated.

    Currently incarcerated on vop, have similar charges pending for a future court date that another individual confessed to completely and said I had nothing to do with. Then I got served a detainer for similar charges that I know nothing about ex. W...

    James’s Answer

    Your best bet is going to be to hire an attorney in that locality who can call up local authorities to get as much detail as possible. At least in Virginia, detainers rarely just get "lifted" without you showing up (or being transported) to address the charges unless there's something very unique about the case.

    Best of luck,

    James S. Abrenio

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  • I was hit by a turning vehicle while crossing children as a school traffic guard. Why do I have to pay medical and liens?

    My right (I am righty) clavicle (shoulder) was destroyed and my (upper arm) humerus was replaced at the shoulder joint. Of course all the ligaments were damaged. Also my right knee was damaged. Tibia plateau. I can only raise my right arm just ...

    James’s Answer

    I can't speak for NJ law (as I practice in Virginia) or your particular insurance contracts (as I havent seen them), but this is not unusual in the cases that I see here in Virginia. So I'll address two things that need to be repaid: 1) unpaid medical bills and 2) reimbursement for health insurance.

    When it comes to unpaid medical bills, if your health insurance hasnt paid them (or you dont have health insurance), and you havent been able to pay out of pocket, they have a right to be paid for services performed. It's just like an other debt. The providers did work, and you received a benefit. So if you don't pay them, they go to collections and the like just like any other debt.

    As far as health insurance liens, it's likely that under your health insurance contract, they company agreed to pay your medical bills. However, if you ultimately get paid from a third party, they have a right to recoup what they paid out. While it doesnt seem fair, that's simple contract law.

    I'm sorry you're facing this circumstance, because it really doesnt seem fair. The true issue here is likely the lack of insurance. I dont have to tell you that you suffered a very serious injury. Because the defendant had very minimal insurance and you did as well, there's simply not enough money to go around.

    Now there's always the possibility that the defendant has a lot of personal assets. But in my experience, when someone has minimal assets, they generally don't have a whole lot of money sitting around to pay you. You or your attorney will have to do some investigation to see if they defendant has additional money.

    These are all things that you should be talking with your attorney about. If you dont have one, you need to reach out to one to be properly advised of your options. And you need to do so immediately.

    Best of luck,

    James S. Abrenio

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  • My 30 year old autistic son was struck by a vehicle while crossing the street on his way coming home. My son has major injuries

    My son has a broken shoulder , broken leg in two places , he has a torn ACL on the other leg , all of his front teeth are gone, they are trying to save his left eye that's losing vision, he also has blood build up and swelling in his head. There w...

    James’s Answer

    I'm sorry your son experienced such a tragic accident. This is clearly a serious injury. There is no reason you shouldn't sit down with a local personal injury attorney and discuss your options. In Virginia, they apply "contributory negligence," which means if a party is even 1% at fault for an accident, a jury must find in favor of a defendant and no recovery.

    I dont know if NJ applies that rule or "comparative negligence," in which parties are awarded compensation based upon the relative negligence of each.

    Call an attorney. And keep in mind, personal injury claims have statute of limitations. I dont know what NJ's is, but your best bet is to call an attorney immediately.

    Best of luck.

    James S. Abrenio

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