Manuel Enrique Leiva Jr.’s Answers

Manuel Enrique Leiva Jr.

Fairfax Criminal Defense Attorney.

Contributor Level 3
  1. Can I reduce my felony to a misdemeanor and eventually have it expunged?

    Answered about 2 years ago.

    1. Manuel Enrique Leiva Jr.
    1 lawyer 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...

    1 lawyer agreed with this answer

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

    Answered about 2 years ago.

    1. Manuel Enrique Leiva Jr.
    2. Carleton Penn III
    3. Mark Copoulos
    4. Benjamin J Lieberman
    4 lawyer answers

    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...

    1 lawyer agreed with this answer

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

    Answered about 2 years ago.

    1. Manuel Enrique Leiva Jr.
    1 lawyer 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...

    1 person marked this answer as helpful

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

    Answered about 2 years ago.

    1. Manuel Enrique Leiva Jr.
    2. Philip Douglas Cave
    3 lawyer answers

    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.

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

    Answered about 2 years ago.

    1. Jon Kevin Wright
    2. Manuel Enrique Leiva Jr.
    2 lawyer answers

    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.

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

    Answered almost 3 years ago.

    1. Manuel Enrique Leiva Jr.
    2. V. Iyer
    2 lawyer answers

    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.

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

    Answered almost 3 years ago.

    1. Susan Leslie Fraser
    2. Manuel Enrique Leiva Jr.
    2 lawyer answers

    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:...