James Stanton Abrenio’s Answers

James Stanton Abrenio

Fairfax DUI / DWI Attorney.

Contributor Level 11
  1. Was charged criminally by a subordinate worker after I reprimanded her for poor performance.charges were dismissed.

    Answered 15 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"...

    3 lawyers agreed with this answer

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

    Answered 7 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...

    3 lawyers agreed with this answer

  3. Was arrested for defending myself in Virginia victim wants to drop charges police have falsified evidence

    Answered almost 2 years ago.

    1. James Donald Garrett
    2. James Stanton Abrenio
    3. Bryce Aric Fetter
    3 lawyer answers

    As counsel stated, if you feel you are being pressured, you should meet with another attorney who can give you an objective opinion. And, for an attorneys point of view, its difficult to obtain a full picture of your case without actually knowing the specifics of your case. I can tell you that, personally, I have had cases where the client is adamant that they are innocent, but I am confident that we will lose if we go to trial. As counsel, I can simply advise the client of my view points,...

    3 lawyers agreed with this answer

  4. What to do if I can't afford a lawyer for a first offense possession of marijuana charge?

    Answered almost 2 years ago.

    1. James Stanton Abrenio
    1 lawyer answer

    With regard to your court date, you should call the court and tell them about your conflict with school. They can tell you how to seek a continuance in the case, which will entail filing a motion (unless the local court allows you to do it by phone - I've never practiced there so I dont know). With respect to the charge itself, when individuals possess a possibility of jail time, they are entitled to court appointed counsel. Given that this is your first offense, the Commonwealth will...

    3 lawyers agreed with this answer

  5. I ve talked to a detective on the phone is it too late to consult an attorney and how should i go about informing the detective?

    Answered almost 2 years ago.

    1. James Stanton Abrenio
    2. Stephen Patrick Pfeiffer
    3. Jimmie David Gentle
    3 lawyer answers

    I agree with Stephen. It is certainly not too late to invoke your 5th Amendment right to counsel. For people who are actually guilty of whatever charge may be on the horizon, speaking the the law enforcement officer will only serve to incriminate. Everything said to an officer in a consensual meeting will be used in court, if it gets there. Often times, I get calls from people who are innocent, and they want to meet with an investigator because they do not want to be seen as "lawyering...

    3 lawyers agreed with this answer

  6. Can lottery tickets be void or canceled after they have been printed out?

    Answered almost 2 years ago.

    1. James Stanton Abrenio
    2. Robert A. Stumpf
    2 lawyer answers

    I dont know that it is, in fact, a legal question. It sounds more factual even if it is an important fact in a criminal case. I always find the best way to answer questions like this is to go to people that do the stuff on a day to day basis. Perhaps the question should be referred to the local store that sells loto tickets.

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  7. Will my expunged misdemeanor show up on a Maryland State police background check for a hangun permit for my job?

    Answered over 1 year ago.

    1. James Stanton Abrenio
    1 lawyer answer

    Which state was your marijuana conviction in? In Virginia, NO conviction gets expunged. Often times, I have clients come in and tell me that their marijuana charge was dismissed pursuant to a deferred finding. But that's not the same as an expungment. Assuming it's not a Virginia charge, and it was appropriately expunged, then you do not have to disclose a charge or arrest. Nevertheless, with the internet, who knows how they are running checks. And probably a good idea is to go ahead...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. How much will a persons bond be when they have been taking to jail for assault?

    Answered 8 months ago.

    1. James Stanton Abrenio
    2. Daniel Nelson Deasy
    3. Christopher Daniel Leroi
    3 lawyer answers

    While I dont practice in MO, a particular bond set for an offense depends on alot of variables. The first is the actual circumstances surround the assault. Was it particularly violent or aggravated and is there any indication if, let out, he would continue to pursue the victim? The next is possibility of danger to the community, which is where the judge will look at his criminal record to see if there are any other violent offenses (or other types of offenses that are uniquely dangerous)....

    4 lawyers agreed with this answer

  9. Can this get dismissed automatically?

    Answered almost 2 years ago.

    1. James Stanton Abrenio
    2. Standish Alexander
    3. Joseph Aragon
    3 lawyer answers

    You certainly need to meet with an attorney. You first need to find out if this is a felony charge. I could imagine it being charged as a felony under forging public documents. If it is a felony charge, there is no statute of limitations in Virginia. HOwever, if it does turn out to be a misdemeanor, there will be a SOL issue. When it comes down to the facts of your case, I have not researched the issue, but it seems like there may be an argument that you did not intent to falsify...

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  10. I was evicted and my property was stolen

    Answered 1 day ago.

    1. Matt Clay Pinsker
    2. James Stanton Abrenio
    2 lawyer answers

    Also, if the magistrate wont issue a warrant, you are always free to make a civil claim against your former landlord. First thing to do is to determine what items were missing and determine the value of those items. But keep in mind that the civil litigation process can be slow and time consuming. If it's relatively low value items, it may not be worth your time. But that's a decision you'll have to make. Best of luck, James Abrenio

    2 lawyers agreed with this answer

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