James Stanton Abrenio’s Answers

James Stanton Abrenio

Fairfax DUI / DWI Attorney.

Contributor Level 11
  1. What are the requirements/guidelines for a sentence modification in Virginia?

    Answered 5 months ago.

    1. Phoenix Shannon Michele Ayotte Harris
    2. James Stanton Abrenio
    3. Matt Clay Pinsker
    3 lawyer answers

    I agree with my colleagues. And for purposes of a motion to reconsider, you generally have to present new facts that the judge didn't previously consider. It can be difficult to get a change of heart. But it does not hurt to try. Best of luck, James

    3 lawyers agreed with this answer

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

    Answered 5 months 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

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

    Answered 11 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

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

    Answered over 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

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

    Answered over 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

  6. 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 over 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

  7. Was on city bus and was hit by car from behind went to hospital in ambulance lower back hurting who is liable ?

    Answered about 2 months ago.

    1. Timothy J. Connors
    2. James Stanton Abrenio
    3. Brian P Finnerty
    4. Melanie Soloman
    5. Steven S. Bloom
    6. ···
    6 lawyer answers

    Given that the bus was rear-ended by another car, it's most likely that the car was at fault. It's also possible that, for instance if your bus driver stopped short, he/she may have contributed to the accident. Best bet is to call a local personal injury attorney to discuss the case. Best of luck!

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered over 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.

    Selected as best answer

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

    Answered almost 2 years 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

  10. 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

    Answered 18 days ago.

    1. Anthony Francis Belotta
    2. Leslie B. Posnock
    3. Yolanda Navarrete
    4. Christian K. Lassen II
    5. James Stanton Abrenio
    6. ···
    8 lawyer answers

    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...

    4 lawyers agreed with this answer

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