James Stanton Abrenio’s Answers

James Stanton Abrenio

Fairfax DUI / DWI Attorney.

Contributor Level 11
  1. My daughter was convicted of heroin possession with intent at age 21 in Dade County in 2001, and served 4 years in prison.

    Answered 2 months ago.

    1. James Stanton Abrenio
    2. Clayton Campbell
    3. Mikhail Nekrich Lopez
    3 lawyer answers

    If this where in Virginia, she could not have the conviction expunged because it was a conviction. That being said, Virginia is one of the more difficult stated when dealing with expungements. Best of luck, James Abrenio

    4 lawyers agreed with this answer

  2. What can my son expect as a first time, under-age offender caught in possession of marijuana in Virginia?

    Answered 5 months ago.

    1. James Stanton Abrenio
    2. Wayne Lee Kim
    3. Michael Todd Pritchard
    4. Jonathan L Katz
    4 lawyer answers

    My suggestion to you would be to have him meet with a criminal defense attorney prior to court. Sounds like he's got a bright future, and the time and money investing in an attorney is worth it. As far as the search issues, he'd need to sit with that attorney to see if there are issues. Often times, a third party doesn't know an important fact that may change things. With regard to a first offense, because he's a juvenile, it's actually better for his record. But take the time and effort...

    4 lawyers agreed with this answer

  3. How do you file a motion to withdrawal from a plea agreement and dismiss the charges? The case is still under advisement.

    Answered 8 months ago.

    1. James Stanton Abrenio
    1 lawyer answer

    Virginia Code Section 19.2-296 controls if and when a motion to withdraw a plea should be granted. If the motion is made after the imposition of sentence is suspended, the motion should be granted in cases of manifest injustice. If the motion is prior to sentencing or imposition of sentence, the standard is seemingly less strict. A good discussion of the 19.2-296 statute is in the case of Justus v. Comm, 274 Va. 143 (2004). Keep in mind though, you MUST meet with an attorney to discuss...

    4 lawyers agreed with this answer

  4. First speeding offense

    Answered about 2 years ago.

    1. James Stanton Abrenio
    2. Carleton Penn III
    3. Martin L Bearg
    3 lawyer answers

    Well first you must determine whether or not it was actually a reckless driving. Reckless driving is either over 80 mph or 20 miles above the speed limit. Here, you were doing 24 miles over the speed limit. However, if he only charged it as "speeding" and not reckless, then you should be good. As far as points, both speeding and RD are 6 point offenses in Virginia. Note, however, I do not know how those transfer over to MD or if they will even find out. However, If you want less points,...

    4 lawyers agreed with this answer

  5. My son, who is 17, was arrested for a 1st shoplifting offense. Is there some type of program in VA to keep this off his record ?

    Answered about 2 years ago.

    1. James Stanton Abrenio
    2. Michael David Thomas
    2 lawyer answers

    I have not practiced in Cville, but I have done a good amount of juvenile cases in Northern Virginia. Because he is a juvenile, this with be in the juvenile court. I know up here, there are some instances where the Commonwealths Attorney can choose to divert it to a non-court proceeding and order community service. For some reason, I cannot remember the exact name of that process (though it is on the tip of my tongue). However, that is unique to each circumstance, and again I am not sure if...

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  6. What are the legal implications of receiving marijuana through FedEx if intercepted through the police?

    Answered 8 months ago.

    1. Wilfred Ward Yeargan III
    2. James Stanton Abrenio
    2 lawyer answers

    Another thing to consider is this type of case can pose problems to prosecutors. If a package was intercepted, police usually reseal it and deliver it to the addressee. Then they arrest and try to get statements admitting to knowledge of what's in the package. They also try to obtain additional evidence that would tend to prove knowledge of what's in the package. Whoever you're asking this question on behalf of needs to speak with an attorney to see if there are possible defenses.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. I was charged with a class 4 misdemeanor in Bristow, Virginia. I paid my fine. Does this show up on my records?

    Answered 10 months ago.

    1. Faraji Allen Rosenthall
    2. James Stanton Abrenio
    3. Kevin Reese Pettrey
    4. Wilfred Ward Yeargan III
    4 lawyer answers

    I agree. You have 10 days to note the appeal of a finding in the general district court. So if you pre-paid, and it's outside of 10 days, then you're out of luck. You should definitely reach out to a local criminal defense attorney. One thing also to consider is it may be that the clerk did not completely fill out your finding, and that's why it is not showing guilty. If it was entered correctly, there should be a guilty plea and conviction. Speak to an attorney first because if you...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. I had surgery and the next morning had a stroke the surgery was never completed but the surgeon charged me $85,000.00.

    Answered about 2 months ago.

    1. James Stanton Abrenio
    2. Dennis Wayne Tackett
    2 lawyer answers

    I agree. This seems to be a very complex set of facts that an attorney would need to review before giving you an informed opinion. You should give one a call and lay out the entire story.

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  9. Will a continuance for dismissal as a minor show up in a pre-employment background check?(it was dismissed)

    Answered 6 months ago.

    1. James Stanton Abrenio
    2. John Anthony Manuel Boneta
    3. Anthony Rocco Pecora
    3 lawyer answers

    Also, keep in mind, because you were a juvenile at the time (at least that's the way I read your question), it wasnt a criminal charge, but rather an "adjudication." Juvenile records are supposed to be confidential, so hopefully that gives you some buffer room. I wouldn't be overly concerned about it. But just have an answer ready if someone does happen to ask you about it in an interview. One thing, also, if the case was dismissed, you should file a motion to expunge the charge. Even...

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  10. My lawyer excused herself from my case after pleading guilty?

    Answered 11 months ago.

    1. James Stanton Abrenio
    2. Kevin Reese Pettrey
    3. Brenton Daniel Vincenzes
    3 lawyer answers

    I dont practice in that county, but I will say in Northern Va, it's rare that a judge will let an attorney out of a case. Over the years, every defense attorney comes to a disagreement with a client that warrants a request from the court to withdraw as counsel. Unless the situation is serious, the court will usually require the attorney to stay in. That being said, it seems odd that you wouldnt even have any idea as to why counsel would withdraw from your case. Regardless, because...

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