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James Stanton Abrenio
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James Abrenio’s Answers

230 total


  • 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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  • Juvenile and domestic relation issue with child removal in Chesterfield, VA

    How can a child be removed from the parents and placed with a neighbor that is not related and is not a licensed foster home, not being monitored by a child welfare agency only a guardian ad litem?

    James’s Answer

    There's not enough information here to provide an answer. You should call a local criminal law (and likely family law) attorney to talk about it specifically.

    James

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  • I am a falsley accused sex offender in Virginia and am only 22 and plan on moving to florida when i get out in December Process?

    First charge ever at the age of 19, Was compliant in pretrial, bonded out again for appeal,was compliant with probation, am on work release and am no threat to society. I have aN address to move to. Played sports in high school will Have fines pa...

    James’s Answer

    And I imagine you're still under court supervision here. If so, you'll also need to check locally to make sure they are aware.

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  • "Where a state statute is missing an element or has not been criminalized as a specified crime, such as "for hire" in Va.,...

    Where a state statute is missing an element or has not been criminalized as a specified crime, such as "for hire" in Va., may a conviction under that statute be subjected to a modified categorical approach, to determine whether the constitutionali...

    James’s Answer

    If you asking this for your own case (or for a family member), you need to sit down with an attorney. Statutory interpretation is complex and can take hours of research. The answer can also be unclear even after that research.

    Best of luck,

    James Abrenio

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  • Do insults and false accusations constitute slander, if said to a child?

    my ex husband's girlfriend has repeatedly insulted me to my daughter and told my daughter lies about me. Is it appropriate for me to send a cease and desist letter on the basis of slander?

    James’s Answer

    This sounds more of a family law issue. I think you'd be better served calling a family law attorney and get their thoughts.

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  • Not showing up to an appeal

    Say a person appeals a speeding ticket from district court (just speeding, no reckless anything...or any other charge) and doesn't show up to circuit court because he/she forgot. Will they issue a warrant for failure to show up or just hit him/he...

    James’s Answer

    • Selected as best answer

    If it's a minor infraction, like a speeding ticket, they'll likely just convict in your absence. Just call the court clerk and as what the result was.

    Best of luck,

    James

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  • My 15 my fifteen year old son was caught shoplifting what will he face

    He was with a friend she stole in three stores he just stole in one store but everything was in her backpack. He just stole shorts and a shirt.

    James’s Answer

    He also needs to be aware that, while he's only 15 now, he's only a few years away from being 18. I've had far too many clients whom I've seen work their way through the juvenile system only to come out on the adult side, which means felony convictions and jail sentences.

    Whatever happens, he needs to have the fear of God instilled in him.

    Best of luck,

    James

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  • MY FRIEND WAS CONVICTED OF BEING IN THE PRESENCE OF A FIRE ARM AND HE IS A FELON. HOWEVER THE GUN WAS NOT IN ARMS REACH

    MY FRIEND WAS CONVICTED OF BEING IN THE PRESENCE OF A FIRE ARM AND HE IS A FELON. HOWEVER THE GUN WAS NOT IN ARMS REACH CAN BE BE CONVICTED?

    James’s Answer

    I agree. That's simply not the standard. Make sure he talks to his lawyer about his appellate rights. chances are, you don't know all of the facts. Perhaps there's a bigger gap in the evidence than you've posed here, perhaps not. Either way, he should talk to his attorney about an appeal. Wrongful convictions do happen, and appeals courts sometimes grant relief. it's all going to depend on the facts of the case.

    Best of luck,

    James

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  • General idea of outcome?

    I was arrested for misdemeanor assault, possession of marijuana (maybe 3grams), and paraphenia. I was placed with a probation officer with the richmond city probation and adult services, under the terms I complete probation and keep the peace thes...

    James’s Answer

    I agree. Stop wasting time on Facebook and get to an attorney immediately!

    Best of luck,

    James

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