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Alexander John Gordon

Alexander Gordon’s Answers

28 total

  • Can you pull your 10 day jail senetence in another jurisdiction if you moved?

    well?

    Alexander’s Answer

    There are several factors to consider. In Northern Virginia it is rare for such a case to occur. A probation violation hearing is going to require that you appear before the original court in order to determine 1) if you are in fact in violation of probation and 2) how much jail time you will receive as punishment. Most times, the judge will sentence you right there and you will be taken away to the local jail.

    However, it may be possibile to get the court to agree to let you turn yourself in at a different facility. It creates a good deal of extra work for the judge, the judge's clerk, and the sheriff's office in each jurisdiction. Judges typically do not like to go out of their way to make things easier for someone who violated a previous court order to be of good behavior. That is why your request will be very difficult to achieve.

    You will most likely need counsel to pre-arrange an agreement with the prosecutor and get the sheriff's department to agree to the possibility of such an accomodation, if they will even consider your request. Good luck.

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  • How much time will someone get if they pulled 3 years in prison got out a year ago and was on probation for 3 years and violated

    by failing a urine test?

    Alexander’s Answer

    A great deal depends upon the nature of the violation of probation and the attitude of the judge, prosecutor, and the probation officer. In my experience as a Fairfax County criminal defense lawyer for more than 10 years, I have helped more than 200 people accused of violating the conditions of their probation.

    Work with your attorney on presenting mitigating factors such as your work history, family involvment, participation in treatment programs, etc.

    Presenting good information to the judge before your hearing may make a difference in teh result. Please know that no amount of good information presented to the court by the best attorney in Virginia will help you, if you committed another serious crime while on probation.

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  • Can my case be dismissed if my public defender and the prosecutor are cousins?

    This is my first offense for a class x robbery. My P.D. told me she was related to the prosecutor and that he is offering me 10yrs to plead guilty with no chance of probation.She says he is a man of his word and knows that is exactly what I will g...

    Alexander’s Answer

    As a former Public Defender in Fairfax County and a Fairfax lawyer with more than 17 yeras of experience, let me tell you that you have options. Your attorney has correctly informed you that there is a potential conflict of interest. If you object to her continuing to represent you, do one of two things: 1) Contact her suspervising attorney and ask that a different attorney be assigned to the case, or 2) tell the attorney that you want her to file a motion with the court to have her withdraw from the case and have a new attorney appointed for you. If she refuses to file such a motion, you can do it yourself.

    Proceed with caution. You must also strongly consider that your current attorney may being doing an excellent job for you. She has already been ethical about disclosing the potential conflict. If you object to her representation, you may not get the "benefit" of the current offer of a 10 year sentence and your situation can get much worse during plea negotiations with a different attorney or if you are found guilty at a jury trial.

    To answer your question directly -- No the case will not be dismissed because of the relationship. As indicated above, you can decide to try to change counsel, stick with her, or talk to her superior to verify that her advice is trustworthy.

    Finally -- You a are charged with a crime punishable by up to life in prison. There is no attorney client privilege on websites. It is all public information, accessible to police officers, witnesses, and prosecutors. Be careful with what you disclose. It may seriously damage your case and effect your freedom.

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  • Can one judge change the sentence of another if judge is retired

    got a dui in 05 paid cc & fines dun my time,petitioned cort to reinstate got lock box installed but now dmv says in 02 judge suspended my licens for 10 yrs for driving suspended he is retired now whare do i go from here

    Alexander’s Answer

    The long suspension of your driving privileges was probably the result of a conviction for Driving with a Suspended License as a Habitual Offender. Habitual Offender status is incredibly difficult to get removed. In my experience, any judge can remove the status, even if your former judge is now retired.

    Speak with a local criminal defense attorney to learn more about the requirements in the Blufield courts. Each judge has different standards. In Fairfax County, it usually requires proof of no driving behavior for several years, proof of an extended period of sobriety, and finally, an evaluation and posititive recommendation by the Alcohol Safety Action Program.

    Like I indicated earlier, it is a difficult task, but not impossible. An experienced attorney in your jurisdiction can review your record and help guide you through the legnthy process.

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  • My finance has been arrested for driving without a license and he is an illegal immigrant. What will happen to him?

    Will they send him to INS for deportation?

    Alexander’s Answer

    That depends upon several factors. Different counties have different policies regarding whether a person without legal status in the United States will be contacted and removed from the jail by Immigration and Customs Enforcement (ICE) Another factor is whether your husband has had other arrests for criminal offenses in addition to the pending charge.

    Depending upon your husbands record, a bond may be set for your husband. Call a bail bonding company such as Freedom Bail Bonds in Fairfax to determine if he can be released. The sooner a bond can be arranged, the better. You do not want the delay to give ICE more time to meet with him and decide to remove him.

    The charge of driving on suspended can require extensive jail time if he has repeatedly violated the traffic laws. If it is his first offense, a Fairfax lawyer may be able to reduce or limit jail times, license suspension, and fines through negotiation with the Commonwealth Attorney or through trial before a Fairfax General District Court judge.

    Feel welcome to contact a Fairfax lawyer at The Gordon Law Firm

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  • How can you prove that your innocence with larceny?

    And your being accused of stealing a laptop or a tv or a gps. (examples) if you did not steal and you know you did not steal, how can you prove you didn't do it? Even if there are witness saying you did but you know that it is not true.

    Alexander’s Answer

    Your efforts to defend your case depends upon what evidence the prosecutor intends to present before a judge or jury. Were the missing items found in your possession?
    Are you on camera in the place where the items were? Are the police relying upon witnesses? Did you make any statements to the police incriminating yourself?

    Speak with an attorney or ask the court to appoint a public defender. You do not need to do this yourself. Most attorneys in Fairfax and Arlington offer Free Consultations.

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  • I pled guilty to aggravated assault in 1993 in VA. Will I be able to get my record expunged

    Already served my time in jail.

    Alexander’s Answer

    In short, the answer is probably not. Convictions are not eligible for expungement in Virginia.

    You can apply to the Governor of Virginia to restore some of your civil rights such as your privilege to vote in elections.

    Whether you can expunge a criminal record in the Commonwealth of Virginia depends on how your judge finally resolved the case. First, look up your case with the clerk of court to determine the final status of the charge. If you were convicted, the record cannot be expunged.

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  • Do I need a lawyer if I side swiped a car and already paid for their damages but I was charged hit and run? First time ever?

    I was pulling out of the parking lot (had backed in when I got there)at Olive Garden after we ate and I was leaving, I side swiped a parked car. I didn't know what to do so I left a note apologizing. The police came to my house the next night afte...

    Alexander’s Answer

    If you go to court alone, please be aware of the risks involved.

    In Virginia, Hit and Run is a criminal offense. If convicted, you will have a permanent criminal record that cannot be expunged. The penalties can vary. The maximum punishment is a $250 fine if the property damage was less than $500.00. If the damages were greater than $500.00, the punishments are a fine of up to $2500.00 and/or a jail sentence of one day up to 12 months.

    Your case sounds like it could be fought successfully at trial or negotiated with the Commonwealth Attorney to a lesser offense such as a traffic infraction. Unfortunately, in Fairfax County, the prosecutors do not meet with non-attorneys. As a result, you cannot negotiate a lesser charge or a dismissal with a prosecutor prior to trial.

    The other risk you face is appearing before a judge that may not accept your argument. There are typically14 different judges you could have hear your case. Some exhibit more patience than others.

    Most attorneys in Fairfax offer free consultations. I would expect the fee to be between $500-$1200.00. I wish you the best.

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