James Stanton Abrenio’s Answers

James Stanton Abrenio

Fairfax DUI / DWI Attorney.

Contributor Level 11
  1. Can I file a lawsuit against my son's dentist?

    Answered 3 months ago.

    1. James Stanton Abrenio
    2. Dennis Wayne Tackett
    3. Jon Friedman
    4. Jan Freerk Hoen
    5. Christian K. Lassen II
    5 lawyer answers

    On it's face, it certainly sounds like a serious issue for the dentist. However, with any malpractice suit, you should consult an attorney because these kinds of suits can be quite complicated. One question that must be considered is the costs v. the benefits, even if you are successful. Professionals generally have professional liability insurance that will often spend a lot to defend claims. In response, the plaintiff is required to spend a lot to pursue them. So you have to...

    5 lawyers agreed with this answer

  2. Last 9/11/13, a bottle of sulphuric acid that my housemate had on his stairs spilt on my foot. can i file claim?

    Answered 10 months ago.

    1. James Stanton Abrenio
    2. Dennis Wayne Tackett
    3. Peter Anthony Jabaly
    3 lawyer answers

    To add just a little bit, I have to admit that this is a very unique set of facts. And I'm sorry you had to go through it. When considering your claim, assuming the claim is in Virginia, the first thing you need to realize is there is a two years statute of limitation from the date of accident to file a lawsuit. So you still have time, but need to make sure to keep that in mind. Second, whoever you end up calling, the attorney will certainly need to know exactly how the accident happen....

    5 lawyers agreed with this answer

  3. Is it public intoxication if you are in your dorm building? If not can the charges that followed still stick.?

    Answered about 1 year ago.

    1. James Stanton Abrenio
    2. Carleton Penn III
    3. Benjamin Joel Kontaxes
    4. Eric Bradley Stone
    5. Douglas Holbrook
    5 lawyer answers

    These are some serious charges. You need to meet with a local attorney immediately to discuss defenses. If you weren't in public, then there may be an argument that the officer didnt have authority to arrest you. However, given that it's a school dorm, and not your private apartment, there may be arguments the prosecutor can get around. Call someone right away. Best of luck, James S. Abrenio

    5 lawyers agreed with this answer

  4. I was not given my miranda warning prior to being questioned, can this make any evidence against me drop?

    Answered over 2 years ago.

    1. James Stanton Abrenio
    2. Lorrie Ann Sinclair
    2 lawyer answers

    Miranda rights are only required when the suspect is: 1) in custody (which would effectively mean an arrest, and 2) being interrogated. While it seems that you were being interrogated, the issue of "custody" is a very difficult burden to meet. Unless you were essentially already arrested, you will have a difficult time proving this charge. But it will depend on the circumstances. If Miranda applies, then it excludes statements made and an evidence found as a fruit of those...

    5 lawyers agreed with this answer

  5. IF I TOOK A PLEA AND WAS SENTENCED TO 10 MONTHS HOME INCARCERATION CAN I PUT IN A MOTION FOR A SENTENCE REDUCTION/MODIFICATION?

    Answered over 1 year ago.

    1. James Stanton Abrenio
    2. Mark Roman Dycio
    3. Graziella Bianchi
    4. Alexander M. Ivakhnenko
    5. Robert Louis Wegman
    6. ···
    7 lawyer answers

    I agree with my colleagues. I think the best thing to do is contact the attorney that represented the client in the plea agreement. They should then reach out to the Commonwealth's attorney to have a discussion about reducing the sentence. That's because the sentence was reached by way of a plea, and to just file a motion to reduce sentence would (at least in my mind) likely be seen as going back on the agreement. If there are some compelling reasons why the sentence should be reduced,...

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  6. Criminal check for deferred action policy?

    Answered over 2 years ago.

    1. James Stanton Abrenio
    2. F. J. Capriotti III
    3. J Charles Ferrari
    3 lawyer answers

    The deferred action policy is new, and immigration attorneys are going to be better versed that criminal defense attorneys on how to proceed. My suggestion to you is to listen to your attorney, and if you don't trust him/her, go see another immigration attorney. I have heard many promising hopes about this deferred action policy. But have also heard some downsides. Be careful and go so another immigration attorney. I imagine they do free consultations. Best of luck, James S. Abrenio

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

    Answered 10 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

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

    Answered about 1 year 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

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

    Answered over 1 year 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

  10. First speeding offense

    Answered over 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

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