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James Stanton Abrenio
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James Abrenio’s Answers

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  • My boyfriend was arrested on a felony probation violation. How long can they hold him before he is charged?

    He's been in jail for two weeks and hasn't been told what he is being charged with or why he was violated. How long can he sit there with no bond, no arraignment and no charge?

    James’s Answer

    I agree. Something is missing from the story. Call his prior attorney and get him to look into it.

    Best of luck,

    James

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  • What specialization attorney should I seek to contest an $800.00 fine for 3 $1.25 VA Express lane toll violations?

    The tolls were not paid because I was using my EZPASS and thought I had paid them. When the bills came I thought there must have been a mistake. I was unable to get through to a person or the EXPASS website because I no longer remember my password...

    James’s Answer

    I agree. This is becoming a pretty common occurrence. I've heard of finds reaching the thousands of dollars. There are many attorneys locally defending the case. You can find them through this website.

    Best of luck,

    James S. Abrenio

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  • Would I have a valid case against the driver?

    I was in a single vehicle accident of reckless driving on May 10th of this year. I have made daily life sacrifices such as inability to continue school sports or work and had been unable to be medically checked due to the inability to gain insuran...

    James’s Answer

    This is not a criminal question, it's a personal injury question.

    To clarify, where you a passenger in the kid's vehicle and wrecked? If so, he's required to give you his insurance information. If not, tell him you will report him to the police, because that's required by law. Also, do you not have health insurance? Because if you do, you should use it to get treatment. If not, you should seek out a free clinic.

    Keep in mind, if you want to make a claim for personal injury, you need to be able to verify your injuries through doctor treatment (otherwise, the value of your claim will be minimal). Since it's been almost a month, there's already going to be some serious questioning of your injuries, as the insurance company will claim you waited so long that clearly you couldn't have been injured.

    That said, you should pursue the claim because frankly you don't have much to lose. If this kid injured you due to his driving and then won't even give you his insurance information, it doesn't sound like he's much of a friend.

    Best of luck,

    James S. Abrenio

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  • Towed by the City?

    Hello, I parked my car in a (4 hour parking between 8am and 5pm) street spot at 7pm. At 11pm when im walking the dog my car is gone and there is road work being done. I call city parking and they say my car was towed for a "parking violation."...

    James’s Answer

    This isn't really a criminal defense question. But frankly sounds like you're going to end up wasting more than $117 of your time to try to get this remedied. If it were me, I'd pay it and be done. I've had my car towed illegally before. After calming down, I realized it would only make me even angrier to go after them. That's not a legal opinion. That's my practical thoughts.

    Best of luck,

    James

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  • I would like to know if the final disposition of a case is supposed to have 1 page or 2 pages.

    I have a disposition with only one page and am not sure if my lawyer tricked me. It does not have the check box of facts sufficient. It only has the plea, my info, and that I paid a fine. Is it supposed to have the box of facts sufficient? I wante...

    James’s Answer

    I agree. If you have questions, call your attorney and ask him to clarify it to you.

    James Abrenio

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  • I received probation and time on the Sheriff's Weekend Workforce for nonviolent offenders, will I be drug tested?

    Chesterfield County, Virginia. I go in for the initial interview next week I haven't been given any paperwork detailing my probation, the judge said something about it in court when he was giving the sentence but I have nothing to show for it

    James’s Answer

    I agree. This is not joke. Don't mess around or you're going to throw away an opportunity that most don't have.

    James Abrenio

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  • Do I have a malpractice suit?

    I was misdiagnosed for approx. 7 yrs. by several psychiatrists, got on social security disability, for several medical reasons, then found out that I had been totally misdiagnosed, including ECT treatments, meds, etc..., which thankfully, I am com...

    James’s Answer

    I agree with Adam. You need to speak to a malpractice attorney. The details you provide are pretty vague. And medical malpractice cases are very complex and expensive.

    Best of luck,

    James S. Abrenio

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  • If I'm on probation in one county and I get charged in another, how long am I going to jail?

    I am on the first offenders probation in prince William county and just got a charge in Loudon County. When I go to court for this new charge is my probation in Manassas going to put me in jail for a long time?

    James’s Answer

    That's a very complex question that depends on a lot of things to include what your underlying charge is in PWC, what your new charge is in Loudoun, whether you're actually going to be convicted in Loudoun, your criminal record, your history of probation, your judge, etc.

    Your best bet is to call up a local attorney in Loudoun/PWC and sit down to discuss. In reality, with many probation violations, it's hard to predict. Some are straight forward, but sometimes judges can surprise people.

    Make the calls now. You can also get some advice on steps you should be taking now in order to give you the best chance at a probation violation hearing.

    Best of luck,

    James S. Abrenio

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  • Is it possible for a defendant to plead guilty and be found not guilty? Also, Is it possible to plead nolo or guilty and then

    enter into a deferred disposition where you are later found not guilty? How that works?

    James’s Answer

    From your question, it sounds like you're asking about deferred findings. When it comes to some charges, such as a first time domestic violence charge, you can seek a deferred finding. There, typically, you would plead, and the court would find facts sufficient of your guilt, However, instead of convicting you, it would defer the case out for a period of time in order for you to comply with it's orders. If you did so, at the end of that time, it would dismiss the charge against you. Therefore, you wouldn't have a conviction.

    When it comes to deferred findings, in many instances your initial plea can be nolo contendere and you can still obtain the deferred finding. But that really depends on the jurisdiction, your charge, and the prosecutor involved. In many of my cases, the initial plea wasn't an issue, so I'd have them plead nolo contendere. However, in other cases, my client was compelled to plead guilty for there to be an agreed deferred finding.

    I hope this helps,

    James S. Abrenio

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  • What are my rights

    when I got pregnant. My father signed for me to get married and then left and I was on my own. My family moved to virginia and I am 17 and my husband is 18 and we are currently separated and we were living with my aunt. He left and I don't wish to...

    James’s Answer

    This isn't a criminal law question. You should call a family law attorney, I think.

    Best of luck,

    James

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