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Luke Joseph Nichols

Luke Nichols’s Answers

140 total


  • Our 17 year old son received a reckless driving ticket in Virginia (speeding over 20). Can he take driving school to waive?

    Our 17 year old son received a reckless driving ticket in Virginia (speeding over 20). Can he take driving school to waive or reduce the charge?

    Luke’s Answer

    Each jurisdiction has a different rule or custom regarding traffic school. There is no reason not to call a local attorney and get a free consultation. However, my experience is that there is a lot of things that can be done to help fight or reduce a criminal charge like reckless driving.

    Luke J Nichols
    Nichols & Green Pllc
    (703) 383-9222
    Lnichols@nicholsgreen.com
    Fairfax , Va

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  • Do I have to go to court to get a speeding ticket dismissed?

    I was given a ticket for going 54 in a 35 in the middle of nowhere and I want to get the ticket dismissed. I am currently a student at VCU and my court date and time is a during a class I cannot miss. Is it possible for me to call the clerk or the...

    Luke’s Answer

    You can hire an attorney and they can work out a deal without you having to show up. Call a local attorney and ask them whether a dismal is likely.

    Luke J Nichols
    Nichols & Green Pllc
    (703) 383-9222
    Lnichols@nicholsgreen.com

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  • Do I need a lawyer for unlawful entry?

    Me and 2 other girls went to a house after one of the girls got a call telling us to come over saying it was a get together. We walk in and find out that it was an abandoned house that belonged to someone so we leave after being there for less th...

    Luke’s Answer

    Yes you should hire an attorney. Would you want an attorney who has never been to law school and never been to court? If you represent yourself, that will be who is defending you. Go sit in traffic court for a while and watch what happens to all the people who try defending themselves.

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  • What steps can I take to fight 7 photo traffic tickets that were issued while another person was authorized to drive my car?

    Last year, my ex-spouse received 7 photo traffic tickets in D.C. while driving my car back and forth to work. He agreed to pay the tickets and convinced me to ignore the notices that were threatening to report the unpaid tickets to the credit bur...

    Luke’s Answer

    Your questioned did not get any answers because it involves DC law and your question was sent to Virginia Attorneys. Virginia attorneys cannot give legal advice about DC law.

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  • What rights are given to me when it comes to dealing with teenagers trespassing my backyard?

    If I have teenagers/ kids in general in my neighborhood who like to trespass and loiter in my backyard (no property damage) am I allowed to chase after them,hold them down, and call the police and have them arrested? Or am I suppose to yell at th...

    Luke’s Answer

    There are criminal and civil remedies. You can call the police and get them arrested as mentioned by the other attorneys or you can sue them.

    USing force or intimidation or threats is a bad idea. Such thing will likely land you in jail.

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  • My record has been expunged. How does this help if my name was plastered all over the media

    I am trying to get my career back. I was charged but my case was dismissed before it went to trial. My expungement is now completed but I still am unable to get employed. My name is plastered all over the Internet. How am I able to legally deny ...

    Luke’s Answer

    It does not really help that much. The only data base affected by a court ordered expungement is the one maintained by the Va state police. All private data bases, federal data bases and media sources are still free to do whatever. Even if they were all erased you still have a duty to tell the truth on applications. Just make sure you understand cleat the difference between being arrested and being convicted when answering questions.

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  • How and Will ICE/DHS contact you (for Deportation) when you go for preliminary hearing to accept the bargain plea?

    My temporary non immigrant status was about to expire in 7 days, when I was caught shoplifting. Before it got expired, I applied for change of Status which is in pending status now. I was released on my own recognizance within 2-3 hours. I ha...

    Luke’s Answer

    • Selected as best answer

    In Fairfax, ICE will not be contacted by the government unless your case is so serious that the prosecutor or officer personally notifying ICE OR you serve time in jail.

    Whenever any non-US citizen is placed in the Fairfax County Adult Detention Center, prior to there release, an ICE representative runs their immigration status and if they are deport-able then they notify ICE and an ICE detainer is issued. The Sheriff's Officer will then hold that person in jail after their sentence is up to allow ICE time to come and get them.

    Several things can prevent prevent deportation from jail or make it less likely. Being sentenced to served weekends in jail can sometimes prevent this process from occurring, serving a very short amount of time (about 1 day). If your reason for being in jail is extremely minor and ICE takes too long to come and get you, the sheriffs department may release you anyways if there is too much crowding at the jail.

    In your case, the issue is whether you will ever serve any time in jail AND whether or not your pending immigration status will qualify as deport able or not.

    I would also highly recommend you contact an immigration attorney immediately - shoplifting and petty larceny may be Crimes of Moral Turpitude. Pleading guilty may bar you from future immigration and non-immigration status. But contact an immigration attorney for details and to verify.

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  • Can an attorney represent me without me needing to go to court for a reckless driving violation in VA? I am not a VA resident.

    I was stopped for 80mph in a 60 zone

    Luke’s Answer

    You probably do not have to appear. For more information about when you need to appear in court and when an attorney can appear for you check out this weblink:

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  • Do you have to worry about jail time for failure to obey to stop by traffic officer?

    I was coming up on a school zone, did not see officer had stopped traffic, saw car to right who was stopped but wasn't sure why kept driving then saw officer wave arm and then saw bus coming out of parking lot and came to a stop but because did no...

    Luke’s Answer

    Only if you are found guilty of a criminal offense. Definitely talk to an attorney, these cases are won at a much higher rate than many other types of traffic offenses.

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