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Luke Joseph Nichols

Luke Nichols’s Answers

140 total


  • If a person is awaiting extradition to Florida on a Violation of Probation is there any way to fight it?

    Because he was not able to get a job because of his record, he was unable to pay the fines, court cost and restitution, so he has a VOP warrant. He is awaiting extradition to Florida from Virginia. His court appointed lawyer did not give him any c...

    Luke’s Answer

    You can fight extradition but you don't get time served for each day you sit in jail prior to the court granting extradition.

    Your situation is not uncommon.

    Fighting extradition is not something most attorneys have experience with. You'll have to find someone with some experience in the Norfolk area. I would get on the phone and go through lists of local attorneys asking them how many extradition cases have they actually fought (not just rolled over on). If you find anyone that has fought more than 5 your got a real winner.

    Luke J. Nichols

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  • Can I change VA driver license to Md license before I go to court for DWI?

    I got dwi(0.09) and reckless driving(55/75) on Apr and court day is June but I had plan to move from VA to MD. Can I change VA licese to MD license before I go to court? If I can, what's impact to MD license?

    Luke’s Answer

    !) You need to get an attorney IMMEDIATELY and ask this question to your attorney. These are serious charges and you are in deep water.

    2) Contact the MD MVA to determine whether you qualify to have a MD driver's license. I know I have seen people switch prior to trial before but I do not know whether MD has any rules against it.

    3) If you have a MD license and are convicted of DUI you will be banned from driving in Virginia but the Va courts will not take away your right to drive anywhere else. Some Va judges will not grant restricted licenses to out-of-state license holders. About a month or two after your convicting for DUI the MVA in MD is suppose to contact you and notify that your license is being suspended for DUI. There is an entire administrative appeal process that is supposedly rather effective. Consult a MD MVA attorney about the possibility of avoiding an MVA suspension.

    4) You should be having this conversation with an attorney face-to-face or at least over the phone. We do free consultations and would be happy to discuss your case.

    Luke J. Nichols
    The Law Firm of Nichols & Green pllc
    (703) 383-9222
    lnicholsl@nicholsgreen.com

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  • How do i ask the judge for a public deffender?

    my court date is in 4 days and i dont have a lawyer, i was hoping on the day of i get appointed a public deffender or how does that work? this is my first time being in trouble my entire life. and its a lot of information i put together myself

    Luke’s Answer

    1) You only get a free attorney if the government is trying to put you in jail & you are very poor (just slightly above the federal poverty line or about $18K a year if you are single)

    2) During your arraignment or your first court date, if you are facing jail, the judge will ask you if you can afford an attorney. If you say "No" then you will fill out a form to determine if you financially qualify.

    3) If you qualify (are poor enough) then the judge will give you a public defender or a court appointed attorney. A public defender is an attorney that works full time for the government representing the poor. A court appointed attorney is a private attorney who is assigned cases by the court for a very small flat fee.

    4) If you are found guilty you must pay the commonwealth back for you "free" attorney. Its $120 for each misdemeanor charge and $445 for each felony.

    5) You cannot chose your court appointed or public defender attorney but you can chose to switch them out with an attorney you have hired yourself.

    Luke J. Nichols
    The law firm of Nichols & Green pllc

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  • What type of lawyer do i need if i been stop 2times driving with no license and have no legal status in this country?

    I have court on june19. I need a lawyer to deffend me or I will go to jail for driving with no license. I was stop for making a wrong turn when I was only driving just to go to my doctor's office.

    Luke’s Answer

    You need a good attorney. Driving without a valid license is a jailable criminal offense in Virginia. If you have no legal status and you go to jail there is a very good chance that ICE will place a detainee on you and you will be deported. One day in jail is all that is necessary for ICE to find and deport you in most Virginia jails.

    There are several defenses, and way to try to avoid jail in these situations but you need to talk to an attorney immediately.

    Luke. J. Nichols
    The Law Firm of Nichols & Green pllc
    (703) 383-9222
    lnichols@nicholsgreen.com

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  • Pulled over wrongly, found drugs..need to request video..please help!

    Hello! I was pulled over due to busted tail lights and the officers detected drug aroma emanating from the car. I was searched and they found some. I was pulled over wrongly because I know my taillights weren't out. How do I go about successful...

    Luke’s Answer

    First, take pictures of your car's tail lights/brake light to prove the are in good working order. Read the statutes on tail lights, brake lights ect. to make sure the officer understood the law properly.

    The you need to find out whether the officer in question has functioning video or audio equipment in his cruiser. Many cruisers do not have them. You can do a FOIA request to the officer's substation or area to find out whether his cruiser has equipment. If the officer does has any equipment then you do a discovery order, and/or a subpeona duces tencum.

    Also, if the odor of drugs was emanating from the car, why did they search you instead of the car. They should be required to testify that the odor was on you after they pulled you out of the car.

    However, in all honestly you really should not be doing any of that on your own. If you have a drug charge you need an attorney and you should hire one ASAP. All of these document requests are a bureaucratic nightmare and take experience and time to get so don't mess around trying to do it yourself. Get an attorney who has done this before and get them ASAP. Half the officers will just give it to an attorney but will fight you tooth and nail.

    Luke J. Nichols

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  • Going to court while being a tourist

    Hi! I'm in a tourist visa traveling around the US, and I just got a citation to go to Court. I was driving, I just had my driver's license from my country and I forgot the International one at the place where I'm staying. I lived in the area ...

    Luke’s Answer

    • Selected as best answer

    Contact a local attorney immediately. All of us do free consultations so there is no reason not to.
    Here are some things you should consider. 1) If you were charged with a criminal offense then not showing up to court could result in an arrest warrant being issued against you and that warrant would appear on the databases of border officials. The Department Of Home Land Security regularly seizes people at the border for outstanding arrest warrants.

    If you are charged with a criminal offense but cannot be present at trial, an attorney may be appeal to get permission fro ma judge for your attorney to appear in court without you so they can resolve the situation on your behalf. We do this pretty regularly for minor criminal offenses.

    Based on the information in your question my guess is that you need to hire an attorney to help you take care of this, but that your attorney should be able to help you avoid severe consequences.We do expired license charges all the time and regularly get them kicked out or reduced to minor traffic tickets.

    2) if you were only charged with a traffic ticket then you can prepay the fine online at the Virginia Supreme Court's website and avoid coming to court. (If you cannot prepay the fine, then that usually means you have been charged with a criminal offense.)

    Feel free to email or call for more information or if you want to get a phone consultation.

    Luke J. Nichols
    Spectrum Legal Defense
    (703) 383-9222
    lnichols@spectrum-legal.com

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  • Im wondering how to avoid Jail time for my 5th driving on suspended.

    Over a period of about 7 years I have been convicted of 4 driving on suspendeds. After my last one last spring, I served 30 days in jail and had a 1600 dollar fine. I paid all of my fines (or so I thought) and got my liscence reinstated. Well, in...

    Luke’s Answer

    The quick answer is hire the best attorney you can afford.

    The long answer is first challenge the legitimacy of the stop. Defective muffler stops are notoriously flimsy. its hard for an officer to articulate objective reasons for believing a muffler is defective unless its really in bad shape.

    Second, the issue of notice. If you did not admit to the officer that your license was suspended then the state is going to have to prove that you had notice of your suspension. Email me a copy of your DMV record and I can tell you whether they will be able to do that.

    If all that fails, then there is always negotiation with the prosecution.

    Luke J. Nichols
    lnichols@spectrum-legal.com
    (703) 383-9222

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  • What evidense does the va state police need to charge someone with prescription drug abuse?

    My husband and I are getting a divorce and I have chronic medical problems which have required myself to seek medical he being a center for pain.management. I have severe problems with my cervical spine.and lumbar spine that need to have spinal fu...

    Luke’s Answer

    There are a couple different drug crimes: 1) Possession of drugs without a valid prescription and 2) prescription fraud.

    Presumably they can prove that you are in possession of narcotics so the hard part will be proving your prescription is invalid. A prescription can be invalid even if it is from a real doctor if the doctor is abusing his position in handing out the prescriptions. In those cases the state has to prove that you should have know that the doctor's prescription is bogus. For example: if the doctor gives you prescription without ever examining or even meeting you. Or if the doctor sells you the prescription. The FBI often gets involved in those kind of cases, but as you can see it requires proving that you knew that the prescription was garbage.

    Prescription fraud requires the state to prove that you use deciet or fraud to get a prescription. Lying to a doctor, forging documents, ect. lands people in jail for prescription fraud. Unless they have a confession, a forged document, or some solid evidence that a person lied, this is hard to prove.

    Contact a local attorney and do a free consultation. There is no reason not to.

    Luke J Nichols

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  • Misdemeanor Charge. Final disposition "dismissed". Means what?

    I never did show up for court. After 3+ years I checked and this case was given an additional case # - just the last digit was 1 number higher. Does this mean that the charge is now gone and I no longer have to worry? Been a long 3 years!!

    Luke’s Answer

    When you are given a case # that is just one digit higher, there are several possible explanations but the most common reason is that your were charged with the crime of Failure to Appear. The new crime (FTA) is given the same case number but one digit higher. So that is not a good sign.

    Now dismissal is a good thing. That means that a judge (not the prosecutor) got rid the charge. be-careful though. If you are getting your information from the Supreme Court website, its not always 100% accurate. I would definitely contact a local attorney to make sure you don't have any warrants for your arrest and to sort this out.

    Luke J Nichols

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