Skip to main content
Paul McGlone
Avvo
Pro

Paul McGlone’s Answers

398 total


  • Statutes of limitation on Nolle prosequi and nolle prossed charge to be re-filed

    I was charged with assault and batter last year in Feb. in VA. The charge was nolle prosequi'd on June. I found out during the background check that there is an outstanding warrant and the charge was re-filed. I want to know the information on sta...

    Paul’s Answer

    Not all judges agree on this issue regarding misdemeanors. There is a split of opinions and it is a good example of one of the problems that attorneys encounter trying to predict outcomes in the lower courts. Certain issues will rarely (or never) make it to the Court of Appeals, so the Judges never have definitive guidance.

    You should seek assistance of the best local attorney that you can afford. Good luck with your case!

    See question 
  • A $2,500 driving on suspended license fine from eight years ago: what are my options apart from paying the fine in full?

    About eight years ago in Virginia I was charged with driving on a suspended license. I was tried in absentia and given the maximum fine of $2,500. I was 20 years old at the time, and have not had a license since due to the enormity of the fine. It...

    Paul’s Answer

    You should be able to set up a payment plan for a fairly low monthly payment, and based on the payment plan the DMV will give you a license. You can also expect that this fine will probably have doubled by now with interest.

    See question 
  • Am I in violation?

    I was arrested for drug charges and complied to a 251 agreement on Feb 10 because it was my first offense. In that agreement one condition was that I had the right to defend against a false positive in a drug test. I had just recently found out by...

    Paul’s Answer

    I agree with Mr. Wilson that you should go back to your attorney and make sure that you are represented for this. You don't say if this was marijuana or a felony. Either way, your license suspension is almost up if it was a 251 in March, but you may still face a violation, conviction and sentencing. The part about reserving your right to defend against a false positive sounds a bit "odd". You always have the right to defend accusations, and a violation will certainly have a hearing, but I've never imagined that would be included as a condition within the terms of your probation. I'm saying that sounds like mistake or imagination. Get a lawyer! Don't go it alone!

    See question 
  • Can Nyquil cause a .055 reading on a interlock BAC?

    If a 115lb female who very rarely drinks has approx 6oz of Nyquil in a 5 and a half hour period, with the last 2 oz taken about 5 minutes before blowing into the interlock, could it cause a first reading of .07 and a secon reading of .055?

    Paul’s Answer

    Nyquil has alcohol (ethanol), so you should not be drinking Nyquil if you are on an interlock requirement. That will trigger it every time.

    See question 
  • I need a traffic lawyer

    I was going through a yellow light the state trooper was at the light going the other way he pulled me over and said I ran the light I drive a tractor trailer so by the time I made it through the intersection it mite of chagned red, so one day I w...

    Paul’s Answer

    This is the section where you can ask a general question and hope to get answers from a few attorneys. If you want to find an attorney you should search the "Find a Lawyer" and enter "traffic" along with the county where you were charged.

    See question 
  • Is it illegal to use a phone application to see who/what my girlfriend is texting?

    I downloaded a text message tracker onto my girlfriend's phone without her knowing because I was concerned about what was going on with her. She had been acting strangely. I found out from viewing her text messages using that application's website...

    Paul’s Answer

    Yes, it is illegal. This type of spying/wiretapping has always been illegal and the laws have evolved to keep up with the technology pretty well.

    See question 
  • Reckless driving in Virginia 115 in 65 due to mania

    I heard Virginia does not consider mens rea in reckless driving cases. I was completely mentally incapacitated. I have no criminal record not even a driving ticket. What's a defense. Considering that I am not criminally minded, what are the od...

    Paul’s Answer

    Anything over 90 puts these cases in the "go to jail" range. Some of the judges like to say "one day in jail for every mile over 90". You definitely want to speak to the Fairfax attorneys about this one, and hire the best attorney you can afford. Your condition will certainly be a factor, but it is not going to eliminate this "life and death" situation.

    See question 
  • Is it okay to go to court alone to turn in community service papers?

    I was put on probation last june for possession of marijuana, I didn't complete my community service when my probation officer wanted me to but she never filed a violation report against me. I have court on the 8th and she told me to bring documen...

    Paul’s Answer

    If you had an attorney before, why isn't that attorney still on the case? You should call them and find out what to do next. If you have not kept in touch with your attorney, then they may not even know that you did not comply with the terms of probation. You say that you weren't violated, but you don't say why you are having another Court date.

    See question 
  • Citizenship application, convicted of a misdemeanor & given community service when i was 17, do i still need to disclose info?

    Ashburn Loudon County, this happened in 1999, 17 at the time (juvenile) charged with breaking and entering & cruelty to animals (was not arrested) dropped down to a misdemeanor and given community service which i completed. Do I still need to disc...

    Paul’s Answer

    If you want to do this right, you should use an experienced immigration attorney to apply for citizenship. The complications caused by a juvenile conviction can delay and even prevent completion of an application. You won't likely be able to get copies of court documents after passage or 10 or more years, but that is the reason that you need an attorney to help with the citizenship application. The explanation will carry more weight coming from an attorney.

    See question 
  • Teenaged relative charged with excessive speed on restricted license (learners'). Will DMV grant a reg DL with charges pending?

    He is over 18, already had a seatbelt infraction in 2014 in which he attended a Saturday remedial class. I am presuming automatic suspension... The charges could have/should have been far worse; no valid vehicle registration, no plates. Clocked ri...

    Paul’s Answer

    Your question is not clear, but it sounds like he will be going to DMV for the license before his Court date. If that is so, then the pending charge should not affect the license. However, if this is a Reckless charge, then he might be suspended by the Court once he gets there, depending on the speed and other circumstances. I would suggest consulting local counsel if this is a reckless charge.

    See question