Kyle G. Manikas’s Answers

Kyle G. Manikas

Fairfax DUI / DWI Attorney.

Contributor Level 10
  1. I have a class 6 felony can i get that sponge? It's been about 4 years

    Answered about 5 years ago.

    1. Kyle G. Manikas
    1 lawyer answer

    If it was a conviction then no. Convictions cannot be expunged in Virginia.

    2 lawyers agreed with this answer

  2. If my husband files for bankruptcy, will this affect my credit report/rating? This assumes he and I have no joint debt.

    Answered over 5 years ago.

    1. Kyle G. Manikas
    2. David Leibowitz
    3. L. Maxwell Taylor
    3 lawyer answers

    If he files bankruptcy, you should subsequently order a copy of your credit report. I have seen situations where two people are jointly liable on a debt, one file bankruptcy, yet the notation of a bankruptcy filing with respect to that debt appears on BOTH of their credit reports. This is completely improper and you can force the credit reporting agency to remove it from your credit report. These comments are not legal advice and are made for educational purposes only. No attorney-client...

    2 people marked this answer as helpful

  3. What are the possible consequences for a college student being charged with underage drinking

    Answered over 5 years ago.

    1. Kyle G. Manikas
    2. Danny James Weisenburger
    2 lawyer answers

    Possession of Alcohol (Va. Code 4.1-305) is a class 1 misdemeanor in Virginia punishable by up to 12 months in jail, a $2,500 fine, and a 6 month license suspension. However, if this is his first offense and there are no other aggravating circumstances, your son or his attorney can ask the judge for a deferred disposition that allows your son to go on probation, attending a alcohol class, and do some community service in exchange for later getting the charge dismissed. However, if he fails to...

    1 lawyer agreed with this answer

  4. First DWI Offense

    Answered over 5 years ago.

    1. Timothy Kevin Wilson
    2. Kyle G. Manikas
    3. Michael E Hendrickson
    3 lawyer answers

    It is very unlikely that the charge will be reduced to anything other than DWI. DWI cases are very politically sensitive and prosecutors take them seriously because they view drunk drivers as a danger to the public. As a result of a conviction you can expect your insurance company to either drop you or substantially increase your rates. You can obtain a court-appointed lawyer, but they get paid $120 for the case so don't expect too much from them. You really should consult a defense lawyer...

    1 lawyer agreed with this answer

  5. Virginia class IV felony

    Answered over 5 years ago.

    1. Kyle G. Manikas
    1 lawyer answer

    It can happen like this. I was formerly a prosecutor in Northern VA and while the facts you set forth do seem a little unusal, I have seen this happen before. An object, such as a bottle or cup, has been, in other cases in Virginia, found to be a "missile" under the statute. You should talk to an attorney before you decide to continuet to speak with the officer as each statement you make will likely be used as evidence against you.

    1 lawyer agreed with this answer

  6. What consequences can I face for causing an accident and being charged with DUI, first offense for 19 year old

    Answered over 5 years ago.

    1. Kyle G. Manikas
    2. Paul Adams Lagnese
    3. Alan James Brinkmeier
    3 lawyer answers

    As a former prosecutor in Nothern VA, I can tell you that you are in some serious trouble my friend. When you blow a BAC between .15 and .20 in Virginia there are 5 mandatory minimum days of jail that must be served. That's the minimum, but given that it was an accident, the prosecutor will definitely want more. I have seen judges give several months of jail time to serve in these kinds of cases. You need to consult with an experienced criminal defense lawyer that knows how to challenge...

    1 lawyer agreed with this answer

  7. I have about $15,600 in delinquent credit card debt. Is it wise to use a debt settlement company?

    Answered over 5 years ago.

    1. David Adam Blansky
    2. Kyle G. Manikas
    3. Joseph James Giordano
    3 lawyer answers

    Be careful with these companies. Many are owned by the very creditors you owe money to. Also, outside of bankruptcy, if they settle you debt for 40% of what you owe, then the other 60% foregiven can be income for federal income tax purposes. These comments are not legal advice and are made for educational purposes only. No attorney-client relationship exists between us.

    1 person marked this answer as helpful

  8. What is punishment of driving without a license and getting pulled over for the second time

    Answered over 5 years ago.

    1. Kyle G. Manikas
    2. Alan James Brinkmeier
    3. Michael E Hendrickson
    3 lawyer answers

    Generally, you are likely looking at active jail time for a second offense for driving without a license. As far as the dangling object goes, this is a quite common basis for a stop in Virginia. There is a actually a code section in title 46.2 of the Virginia Code which prohibits having objects hanging from your miror.

    1 person marked this answer as helpful

  9. How long does nolle pros stand for on a malicious wounding charge?

    Answered over 5 years ago.

    1. Kyle G. Manikas
    2. John M. Kaman
    2 lawyer answers

    As you are aware, a nolle pros is a prosecutor’s decision with agreement by the court to discontinue proceedings. The charges are not dismissed, and the prosecution reserves the right to reinstate charges at a later time. The charges usually have to be refiled within one year of the court granting the motion for the nolle pros.

    1 person marked this answer as helpful

  10. What is the punishment for aggravated assault and it's a persons first offense?

    Answered about 5 years ago.

    1. Kyle G. Manikas
    1 lawyer answer

    There is no such thing as "aggravated assault" in Virginia. There is misdemeanor assault, unlawful wounding, malicious wounding, and aggravated malicious wounding (the equivalent of first degree murder). It's not clear what your friend is charged with, but she should speak to a lawyer and if there is a warrant for her arrest, she should coordinate the turn in with her lawyer.