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James Stanton Abrenio
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James Abrenio’s Answers

228 total


  • Juvenile and domestic relation issue with child removal in Chesterfield, VA

    How can a child be removed from the parents and placed with a neighbor that is not related and is not a licensed foster home, not being monitored by a child welfare agency only a guardian ad litem?

    James’s Answer

    There's not enough information here to provide an answer. You should call a local criminal law (and likely family law) attorney to talk about it specifically.

    James

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  • I am a falsley accused sex offender in Virginia and am only 22 and plan on moving to florida when i get out in December Process?

    First charge ever at the age of 19, Was compliant in pretrial, bonded out again for appeal,was compliant with probation, am on work release and am no threat to society. I have aN address to move to. Played sports in high school will Have fines pa...

    James’s Answer

    And I imagine you're still under court supervision here. If so, you'll also need to check locally to make sure they are aware.

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  • "Where a state statute is missing an element or has not been criminalized as a specified crime, such as "for hire" in Va.,...

    Where a state statute is missing an element or has not been criminalized as a specified crime, such as "for hire" in Va., may a conviction under that statute be subjected to a modified categorical approach, to determine whether the constitutionali...

    James’s Answer

    If you asking this for your own case (or for a family member), you need to sit down with an attorney. Statutory interpretation is complex and can take hours of research. The answer can also be unclear even after that research.

    Best of luck,

    James Abrenio

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  • Do insults and false accusations constitute slander, if said to a child?

    my ex husband's girlfriend has repeatedly insulted me to my daughter and told my daughter lies about me. Is it appropriate for me to send a cease and desist letter on the basis of slander?

    James’s Answer

    This sounds more of a family law issue. I think you'd be better served calling a family law attorney and get their thoughts.

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  • Not showing up to an appeal

    Say a person appeals a speeding ticket from district court (just speeding, no reckless anything...or any other charge) and doesn't show up to circuit court because he/she forgot. Will they issue a warrant for failure to show up or just hit him/he...

    James’s Answer

    • Selected as best answer

    If it's a minor infraction, like a speeding ticket, they'll likely just convict in your absence. Just call the court clerk and as what the result was.

    Best of luck,

    James

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  • My 15 my fifteen year old son was caught shoplifting what will he face

    He was with a friend she stole in three stores he just stole in one store but everything was in her backpack. He just stole shorts and a shirt.

    James’s Answer

    He also needs to be aware that, while he's only 15 now, he's only a few years away from being 18. I've had far too many clients whom I've seen work their way through the juvenile system only to come out on the adult side, which means felony convictions and jail sentences.

    Whatever happens, he needs to have the fear of God instilled in him.

    Best of luck,

    James

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  • MY FRIEND WAS CONVICTED OF BEING IN THE PRESENCE OF A FIRE ARM AND HE IS A FELON. HOWEVER THE GUN WAS NOT IN ARMS REACH

    MY FRIEND WAS CONVICTED OF BEING IN THE PRESENCE OF A FIRE ARM AND HE IS A FELON. HOWEVER THE GUN WAS NOT IN ARMS REACH CAN BE BE CONVICTED?

    James’s Answer

    I agree. That's simply not the standard. Make sure he talks to his lawyer about his appellate rights. chances are, you don't know all of the facts. Perhaps there's a bigger gap in the evidence than you've posed here, perhaps not. Either way, he should talk to his attorney about an appeal. Wrongful convictions do happen, and appeals courts sometimes grant relief. it's all going to depend on the facts of the case.

    Best of luck,

    James

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  • General idea of outcome?

    I was arrested for misdemeanor assault, possession of marijuana (maybe 3grams), and paraphenia. I was placed with a probation officer with the richmond city probation and adult services, under the terms I complete probation and keep the peace thes...

    James’s Answer

    I agree. Stop wasting time on Facebook and get to an attorney immediately!

    Best of luck,

    James

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  • How do I get a dark surveillance video captured at night outside of convenience store bright enough to use as defense?

    The store captured me coming in and leaving store but camera pointed at my car couldn't pick up the image of car because there was not enough light on that side of the building. If I can get this video filtered to at least make out my outline gett...

    James’s Answer

    You need to hire an attorney immediately. They will then reach out to the Commonwealth and store to tell them to preserve the tape. That's an issue with a lot of theses cases, while the stores always seem to maintain the hurtful videos, they always seem to "accidentally erase," the helpful ones.

    Once you get the video, then you can see if there's any hope to have it show what you want it to.

    That said, not sure what kind of charge this is, but if you weren't the driver, presumably someone else was. Perhaps you get them as a witness? Think every avenue of proof, not just video.

    Best of luck,

    James S. Abrenio

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  • Can I file a lawsuit against my son's dentist?

    My son's dentist referred me to another dentist to get an extraction done on him. The tooth that was extracted was the wrong tooth, which resulted in an extraction of a perfectly healthy permanent tooth that barely broke through the gums. My son i...

    James’s Answer

    On it's face, it certainly sounds like a serious issue for the dentist. However, with any malpractice suit, you should consult an attorney because these kinds of suits can be quite complicated.

    One question that must be considered is the costs v. the benefits, even if you are successful. Professionals generally have professional liability insurance that will often spend a lot to defend claims. In response, the plaintiff is required to spend a lot to pursue them. So you have to consider "what's the value of a lost tooth?"

    Just so you know, when I was in college, I had my wisdom teeth removed. Without my knowledge, the dentist ended up taking out an extra tooth! Just recently, I had an implant inserted, which is great. However, I had to spend a lot of money out of my own pocket.

    If I knew then what I know now, I dont know that I would have pursued the litigation route, though. I'd likely have made the doc give me the value of the cost of getting an implant placed in. But that's just me - that's not legal advice!

    Best of luck!

    James S. Abrenio

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