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James Stanton Abrenio
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James Abrenio’s Answers

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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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  • Have a warrant for failure to appear from a

    I had a shoplifting indecent in April where LP caught me and was on the phone with the police he said if I gave him back the belonging he would not tell the cops so I gave back the belongings and left. Now I have a failure to appear and I never go...

    James’s Answer

    I don't practice in AZ. However, in Virginia, you're required to get a notice before you can be convicted of a failure to appear. I think your best bet is to have an attorney go with you, or at the very least sit down with one in person to go over your case. Most are willing to do free consultations.

    Both theft and failure to appear charges are serious, so you need to invest in an attorney.

    Best of luck,

    James S. Abrenio

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  • Criminal stalking

    Prefer to discuss in person

    James’s Answer

    I agree. Best to check with a local attorney (you can search on this site.)

    Best of luck,

    James S. Abrenio

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  • Get my record sealed

    I was charged with a pet larceny misdemeanor. I served jail time. Paid restitution did my class, completed probation with no problem and payed off my fine. I have always wanted to be a nurse that's my passion is to help people and save lives but t...

    James’s Answer

    I agree. Unfortunately, Virginia is one of the most difficult states to be in when it comes to criminal records. A charge can only be expunged if it was dropped by the commonwealth, dismissed after trial, and a few very limited other circumstances.

    You can try to seek a pardon from the Governor. However, that's a very difficult process and one which I've never actually done. But there are local attorneys that do practice in that area. Keep in mind, from my understand, it's a difficult process.

    Best of luck,

    James Abrenio

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  • Can more then one criminal charge be expunged from a criminal record.

    If I have three charges of domestic violence on my criminal record but all charges have been dismissed, can all be expunged? And what's the process of going about this? Thanks

    James’s Answer

    In Virginia, assuming all have been dismissed & you have no criminal record, that would be a possibility. I think your best bet is to call a local attorney. Because, given the nature of the charge, I imagine they will fight you on it.

    Best of luck,

    James S. Abrenio

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  • Do I get credit for time served in a different county?

    I have 10 days to serve when I go to court next week. I recently did 7 days waiting for bond on a different charge in a different jail. Is there a way to get credit for that time served?

    James’s Answer

    More specifically, regarding Virginia, you will only get credit for the charge for which you were being held . So for example, let's say you're in Loudoun waiting on bond for larceny. Then you get it, and then have a drug charge in Fairfax that you know you're getting time for. The days that you spent in Loudoun for the larceny will only go to credit time you get in Loudoun for the larceny. No time you spend in Loudoun will go to the Fairfax case.

    I'll also say it's very unlikely that you'll be able to "transfer" that time to Fairfax if you end up getting time on that case.

    Best of luck,

    James S. Abrenio

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  • Can I get a Pardon form a misdemeanor ( shopplitting ) charge?

    I was charges with misdemeanor larceny. It was my first time in trouble.

    James’s Answer

    I practice in Virginia, so don't know about North Carolina. I think it's best to call up a local attorney and go over the details. However, from my experience in Virginia, pardons can be a pretty uphill battle. I will say though, Virginia is one of the most difficult states to deal with when it comes to criminal records.

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  • After expungement what is left on my record?

    I was charged with 6 counts of misdemeanor theft and 5 counts of forgery and they all occurred in one arrest. 1. After I get them expunged, if I can, what will be left on my record? 2. If I want to take the CPA Exam after my expungement period is ...

    James’s Answer

    I don't practice in Kansas, but I do do a lot of expungement work in Virginia. So this answer is limited to my experience here. When a charge is expunged, it means the police and court records related to that arrest are sealed or destroyed. So that means when you pull your criminal record, there shouldn't be anything . And if someone where to go to the Court in the jurisdiction in which you were arrested, they shouldn't be able to find your records.

    Note, however, that expungements do have limitations. So with today's internet world, things that go on the net are not affected by a local expungement. For example, if an article was written about your arrest, an expungement is not going to cause that to be sealed. I also know that there are private background websites that report arrests. Those too are not affected.

    Given this, it's hard to tell what potential employers may see. I think it's safe to assume that if you are going to work for a government agency, that runs back ground checks, lie detectors, etc., they will probably find out at some point. Let's face it, NSA is probably listening to my calls to my mom (joking, sort of ha).

    But for average small business, it's less likely because they lack the resources for such. Again though, it's possible though.

    I think, assuming you get the expungement, you should do your own background check to see what you can pull up. And also google your name.

    One tact you can do is assume that they will find out. And voluntarily disclose it the arrest, but that the charge was dismissed (or dropped) and even expugnements. In essence, you're innocent. Obviously, you can also not disclose and just hope they dont find out. Really, it's a very fact specific question, and no real right answer.

    Regardless, whether or not you able to get an expugement or not, you should still push forward with your college career. Sure, there will be stumbling blocks, and this will be a hurdle. But I've had many clients go on to do great things. There's always the possibility of starting your own business. But without education, you're getting behind the curb.

    Go talk to a local attorney, and get the ball rolling.

    Best of luck!

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  • My ex is naming me in a felony theft of her mothers jewlery. can i sue her for false accusations

    she had movers move her but i and the mover are the ones she named in the theft.

    James’s Answer

    When it comes to legal issues, treat them like an onion. You've got to take care of the outer layer first before you worry about getting deeper. You've got a serious charge against you - get representation on that charge.

    Assuming you win that case, you can try to take civil action. I'm not sure the value of such claim, but being convicted of a felony is far more serious right now.

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