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James Stanton Abrenio
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James Abrenio’s Answers

230 total


  • How do I get a dark surveillance video captured at night outside of convenience store bright enough to use as defense?

    The store captured me coming in and leaving store but camera pointed at my car couldn't pick up the image of car because there was not enough light on that side of the building. If I can get this video filtered to at least make out my outline gett...

    James’s Answer

    You need to hire an attorney immediately. They will then reach out to the Commonwealth and store to tell them to preserve the tape. That's an issue with a lot of theses cases, while the stores always seem to maintain the hurtful videos, they always seem to "accidentally erase," the helpful ones.

    Once you get the video, then you can see if there's any hope to have it show what you want it to.

    That said, not sure what kind of charge this is, but if you weren't the driver, presumably someone else was. Perhaps you get them as a witness? Think every avenue of proof, not just video.

    Best of luck,

    James S. Abrenio

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  • Can I file a lawsuit against my son's dentist?

    My son's dentist referred me to another dentist to get an extraction done on him. The tooth that was extracted was the wrong tooth, which resulted in an extraction of a perfectly healthy permanent tooth that barely broke through the gums. My son i...

    James’s Answer

    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 consider "what's the value of a lost tooth?"

    Just so you know, when I was in college, I had my wisdom teeth removed. Without my knowledge, the dentist ended up taking out an extra tooth! Just recently, I had an implant inserted, which is great. However, I had to spend a lot of money out of my own pocket.

    If I knew then what I know now, I dont know that I would have pursued the litigation route, though. I'd likely have made the doc give me the value of the cost of getting an implant placed in. But that's just me - that's not legal advice!

    Best of luck!

    James S. Abrenio

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  • I have a reserved handicap parking at my apartment complex and the same person is parking in my spot leaving me without parking.

    I have a reserved handicap place with my name on it, the same person with out of state plates and a handicap tag has been parking in my reserved spot when I leave for months. Now I have to park 3+ blocks away sometimes off the road in inclement we...

    James’s Answer

    You may also think of something a little more creative. Perhaps post a picture of you with your car near the spot explaining the situation. Something like, "I'm ____, and I have real difficulty getting into my home. Unfortunately, someone doesn't really care and keeps parking in my spot..." Perhaps a little public shaming may help deter the offender.

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  • If I test drive a used motorcycle and wreck it because they used tire shine on both tires, should I file a personal injury suit

    I have been riding for years, I have a bike. I have motorcycle learners. I bought the wrecked bike. It was a large car dealer that doesn't deal with bikes.

    James’s Answer

    They will also claim that it was your fault for the accident. As my colleges point out, Virginia's contributory negligence law makes it difficult to recover. That doesn't mean your claim is dead in the water, but it will be difficult.

    If you spoke with any of the employees who admitted it was their fault, that would be helpful. Best of luck,

    James S. Abrenio

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  • What is the code in virginia for appointment of new council (marsden hearing)?

    based on key facts that support this motion

    James’s Answer

    Are you seeking to hire an attorney or get a different court appointed attorney? If you're hiring an attorney, all you need to do is hire that attorney and he/she will take care of it. If you're seeking to get new court appointed counsel, you can certainly file a motion as mentioned by my colleagues.

    However, frankly, if it were me, I'd speak directly to the attorney and ask him/her to file a motion to withdraw and appoint new counsel. As a non-attorney (who doesn't practice criminal defense of course), my concern is that you'd make a statement in your papers to the court that will hurt your case.

    I will say that as a public defender, I've only had a few clients seek a different attorney. And it was usually because the client wanted a result that I simply couldn't promise to provide. I had one case I can recall where the client filed his own motion, which was not so great for his case or credibility. If he'd simply asked my to, I would have filed my own motion to withdraw and it would have made it easier on the client from a confidentiality stand point.

    But this is just my suggestion. Ultimately, it's your case and your decision. Best of luck.

    James

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  • Am i in trouble?!

    Im underage and stole a hoodie from a store in the mall, the employees called the mall cop people and they said they down my info and told me im banned from the mall and im probably gonna get a mail saying i have court! I havent told my parents, ...

    James’s Answer

    Generally, they give you the summons in person. But I have heard of people getting notices in the mail. Look, theft is a criminal offense. If you were an adult, it would be a class I misdemeanor (assuming the hoodie was under $200). That means a potential of up to a year in jail and a $2,500 as maximums. For a first offense, that's not usually the case, but it is the maximum.

    Because your a juvenile, you'd receive a juvenile petition for juvenile court. That court deals more with rehabilitation rather than punishment. But you should still take it very seriously.

    I'm sorry you are losing sleep. But let's be honest, it's demonstrates pretty poor judgement. And your parents have a right to be upset in the event that they find out. It's true that they could be just messing with you. But it's also true that you could also be charged, since they have your information.

    The criminal defense attorney in me says that you should not talk about the charge with anyone including your parents. But there's also the part of me that thinks "what I would do if my mom were to find out by receiving a summons in the mail rather than by me just fessing up?!" That's a pretty hard call. But keep in mind anything you admit to can be used against you in court.

    Perhaps you let your parents know about the occurrence but say you are not allowed to talk about the facts. But perhaps that get's you in even more trouble. I'll allow my colleagues to give additional input.

    But when it comes down to you, you've got to think "what the heck was I thinking?!" One theft turns in to multiple thefts, turns into you facing felony charges.

    Sorry you're in this situation, but hopefully it makes you truly rethink what you're doing.

    Best of luck, and call a local attorney.

    James

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  • Can i sue a hospital for improper care while i was an inpatient

    I had surgery and i was on the bariatric floor the staff didnt properly care for me throughout my stay. Ive suffered for 8months now for back injury frm being improperly moved. I walk with a walker n im currently back in therapy. There's a lot mor...

    James’s Answer

    It's not necessarily "can" you sue. Rather it's "should" you sue. When it comes to law suits relating to pain and suffering caused by a medical provider, you've got to prove that it was the provider's was the "proximate" cause of your injury and that as a direct result, you suffered damages. Proving cause can be a difficult AND expensive thing.

    First, the defense will explore your medical history and will point to every medical issue reasonably related as the cause of your pain, and not their treatment. The defense will then claim that it's treatment of you was not negligent at all and therefore not the cause of your pain. And then the defense will thoroughly evaluating your treatment related to your claim for any way to argue that your either not in pain or its not caused by them.

    In making this analysis, you will have to be involved in active litigation. That means being sent written questions and asked to produce documents. You will then have to be deposed by the defense. And you will likely have to undergo an Independent Medical Examination, where the defense doctors get to evaluate you.

    You will also have to find medical professions that will rebut their claims and prove yours. That means hiring someone who can testify that their treatment did indeed violate the standard of care that should have been provided to you. You'll then need to have a doctor explain (in a simple and direct manner) that your injuries were caused by your treatment at this hospital.

    I dont tell you this to discourage you. You should reach out to local attorneys and discuss your case with them. I tell you this to prepare you for the long road ahead, should you so choose to follow it. Unfortunately, hospitals generally hire very aggressive attorneys who push cases.

    Best of luck,

    James Abrenio

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  • My ex is trying to contact my landlord and tell lies to get my kids and i put out of our home. Can I get him charged ?

    Can I get him to stop threatening me .Can I go to the court to do something about it?

    James’s Answer

    When you say "threatening you," do you mean physical threatening? If that's the case, you should speak to a local attorney about possibly getting a protective order. It's not easy to do, so you'd need an attorney to help you assess whether you'd have a chance to win. But part of the order of the court could be to not have contact with you. I'd imagine contacting your landlord could be argued as contact since it's essentially contact through a third party.

    You could also try the civil slander type case. But sounds like he doesnt have much money, and your main motivation is to just get him to stop. A civil suit would probably just encourage him.

    I see that you have kids. He he the father? If so (while I dont do family law), there's got to be some type of custody procedure. So you may want to consult with a family law attorney. They could probably discuss with you the protective order route as well.

    Best of luck!

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  • CONVICTED OF DUI AND DID MY MANDATORY 20 DAY SENTENCE... i HAVE ASAP INTAKE THE 18TH... SHOULD I TELL THEM

    i MIGHT STILL HAVE THC IN MY SYSTEM IF THEY GO TO TEST ME? I HAVE NO INTEREST IN SMOKING WHILE IM ON PROBATION OR IN THESE CLASSES BUT WILL THEY GIVE ME 30 DAYS TO CLEAN UP IF SO?

    James’s Answer

    Probation (ASAP) violations are only for actions committed while on probation. Sounds like you're pretty certain it's in your system, so you'll need to disclose whether you've smoked prior to being placed on probation so they don't try to violate you for it. If they violate you, they violate you. And you'll have to deal with it in court. But the argument is that any activities were committed prior to ASAP.

    Best of luck,

    James S. Abrenio

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  • How to get a detainer lifted as well to find out the pertinent facts surrounding the detainer, while incarcerated.

    Currently incarcerated on vop, have similar charges pending for a future court date that another individual confessed to completely and said I had nothing to do with. Then I got served a detainer for similar charges that I know nothing about ex. W...

    James’s Answer

    Your best bet is going to be to hire an attorney in that locality who can call up local authorities to get as much detail as possible. At least in Virginia, detainers rarely just get "lifted" without you showing up (or being transported) to address the charges unless there's something very unique about the case.

    Best of luck,

    James S. Abrenio

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