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Manuel Enrique Leiva

Manuel Leiva’s Answers

7 total

  • Is it possible to beat the case with time served instead of adding more time?

    Has a FALSE IDENTIFY SELF TO LAW ENF in Stafford County along with a failure to appear. Is currently in Stafford county's possesion until court date and has been there for at least 2 weeks.

    Manuel’s Answer

    If by "beat the case" you mean will the defendant be found not guilty simply because he has been detained in jail pending his hearing, the answer is no. However, any time he has spent in jail pending his trial for the charge of providing a false id to avoid arrest and failure to appear will count toward any active jail sentence he receives on the aforementioned charges.

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  • What can I do about courts arresting me for missed court date when lawyer mailed be a paper with changed court date.

    I was suppose to go to court on Aug 29th but lawyer handling the case sent me a letter telling me not to appear on that day the case was continued until Sept 26th. I was just arrested today for a FTA

    Manuel’s Answer

    If your attorney did in fact incorrectly advise you not to attend the 8/29 hearing, he/she should immediately file a motion to withdraw the bench warrant. However, it appears you were already arrested so it's too late to remove the bench warrant. Therefore, since you will have a trial for the new charge of failing to appear, he should explain to the prosecutor or judge that is was his/her fault and most Judges will dismiss the FTA.

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  • Can I reduce my felony to a misdemeanor and eventually have it expunged?

    I live in the state of Virginia.I was arrested for concealment of beauty products worth $207. I was in the store a good forty minutes and I never left the store with the items and i cooperated with both management and the police officer. This is m...

    Manuel’s Answer

    If you enter a plea of guilty to either a felony or misdemeanor, then you cannot have your record expunged. If your charge is reduced from a felony to a misdemeanor and the Court allows you to enter the first time offender program which results in a dismissal, you still will not be able to have your record expunged. Virginia law specifically states that you have a right to seek and obtain an expungement if the charge against you is dismissed by either a Judge or prosecutor. If you enter a plea of guilty, nolo contendere or stipulate that there is enough evidence/facts to find you guilty, then you cannot get an expungement.

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  • What are the steps for spungement in VA both criminal and civil charges that the judge dismissed?

    My son got 2 criminal and 3 civil charges that judge dismissed them all. How could he clean his records?

    Manuel’s Answer

    If the criminal charges against your son were dismissed by a Judge or nolle prossed/dismissed by a prosecutor, then he can have the arrests associated with those charges expunged. He must file a petition for expungment in the Circuit Court where the charges were brought. Once he files the peition, he must then get fingerprinted. Once the fingerprints are returned to the Circuit Court, he will then request a hearing requesting a Circuit Court Judge to grant his request to have his record expunged of the dismissed criminal charges. The prosecutor has the right to object, but on misdemeanor charges, the prosecutor must convince the Judge what good cause exists to not have the charges expunged. On felony charges, the petitioner (your son) will have the burden of proving that a manifest injustice exists and that is why his petition should be granted. An attorney can certainly make things easier, but an attorney is not required. Most Circuit Courts have an expungement packet for you to use.

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  • Does my daughter need a lawyer? How judge usually treats cases like ours?

    3 counts of shoplifting that all occured on same day, 3 different stores in the mall, amount under $200, juvenille court, first offence. Her friend was charged in adult court with the same. thanks

    Manuel’s Answer

    Fairfax County has a first time offender program for Juvenile shoplifters. The program consists of community service and a shoplifting prevention education program. However, given that your daughter is charged with 3 separate offenses, you should hire an attorney to assist her in convincing a prosecutor to dismiss 2 of the charges and allow her to enter into the first time offender program on the remaining shoplifting charge. Also, you want to minimize her juvenile record given that most colleges now ask about juvenile arrests and convictions on their applications

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  • What do you think the likelyhood is of him recieving time served?

    My husband was found guilty by jury of a misdemeanor destruction of property and a felony grand larceny charge. The jury reccomended a fine of $1000 and eight months jail time. We are waiting on his sentence date at the end of January. This is his...

    Manuel’s Answer

    If your husband was convicted in Fairfax County by a jury then the Judge will impose the jury's recommended sentence. Judges do have the legal authority to reduce a jury's recommended sentence but the common practice among Judges in Fairfax County is not to do so except in extenuating circumstances.

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  • I pressed charges against my husband for pushing me and slashing the tires on my car. He has been charged with assault and i

    want to drop the charges now.How do I go about doing this? He already paid for the tires I don't want him going to to jail for a push and a shove.

    Manuel’s Answer

    If this is your husband's first offense of domestic assault & battery pursuant to §18.2-57.2 of the Code of Virginia, then your husband is eligible to have the domestic assault & battery charged dismissed in 2 years if he complies with the Judge's order & conditions. Such conditions include attending an anger management class and remaining of good behavior for 2 years. This "first time offender" treatment is administered pursuant to $18.2-57.3. I have attached the statute for your review:

    § 18.2-57.3. Persons charged with first offense of assault and battery against a family or household member may be placed on local community-based probation; conditions; education and treatment programs; costs and fees; violations; discharge.

    A. When a person is charged with a violation of § 18.2-57.2, the court may defer the proceedings against such person, without a finding of guilt, and place him on probation under the terms of this section.

    B. For a person to be eligible for such deferral, the court shall find that (i) the person was an adult at the time of the commission of the offense, (ii) the person has not previously been convicted of any offense under this article or under any statute of the United States or of any state or any ordinance of any local government relating to assault and battery against a family or household member, (iii) the person has not previously had a proceeding against him for violation of such an offense dismissed as provided in this section, (iv) the person pleads guilty to, or enters a plea of not guilty or nolo contendere and the court finds the evidence is sufficient to find the person guilty of, a violation of § 18.2-57.2, and (v) the person consents to such deferral.

    C. The court may (i) where a local community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1 is available, order that the eligible person be placed with such agency and require, as a condition of local community-based probation, the person to successfully complete all treatment, education programs or services, or any combination thereof indicated by an assessment or evaluation obtained by the local community-based probation services agency if such assessment, treatment or education services are available; or (ii) require successful completion of treatment, education programs or services, or any combination thereof, such as, in the opinion of the court, may be best suited to the needs of the person.

    D. The court shall require the person entering such education or treatment program or services under the provisions of this section to pay all or part of the costs of the program or services, including the costs of any assessment, evaluation, testing, education and treatment, based upon the person's ability to pay. Such programs or services shall offer a sliding-scale fee structure or other mechanism to assist participants who are unable to pay the full costs of the required programs or services.

    The court shall order the person to be of good behavior for a total period of not less than two years following the deferral of proceedings, including the period of supervised probation, if available.

    The court shall, unless done at arrest, order the person to report to the original arresting law-enforcement agency to submit to fingerprinting.

    E. Upon fulfillment of the terms and conditions specified in the court order, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings. No charges dismissed pursuant to this section shall be eligible for expungement under § 19.2-392.2.

    F. Upon violation of a term or condition of supervised probation or of the period of good behavior, the court may enter an adjudication of guilt and proceed as otherwise provided by law.

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