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Alexander John Gordon

Alexander Gordon’s Answers

28 total

  • What are the odds of a nolle prosequi being brought back to court (Virginia)?

    I am being charged with a DUI and the prosecutor didn't show up. The case was continued, but at the next court date he didn't show up again. Their reasoning for this was because they needed a special prosecutor, because they knew my mom, who works...

    Alexander’s Answer

    You would be best served by asking the lawyer you originally hired on this case this question. Be cautious about making this issue more public than it already is. The consequences of additional publicity of the nolle prosequi could be embarrassing and damaging to both you and your family member.

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  • In the state of Virginia is it legal to read a Juvenile his or her Miranda rights without a parent or legal guardian present?

    Miranda Rights Juvenile Parents

    Alexander’s Answer

    Sadly, it is legal to read Miranda Rights to a Juvenile without a parent being present. However, Miranda rights are just that, a list of rights read by a law enforcement officer that is intended to inform a child that they have the rights and that those rights can be waived by the juvenile or accepted by the juvenile. The child can simply waive the rights (to counsel, to remain silent) when the child begins to answer a police officer's questions after he has been arrested or has been placed in custody.

    Whether the statements made by the child can be used against the child in court is something that can be challenged in court. The judge gets to decide whether the incriminating statements and the waiver of the rights was made knowingly and intelligently. The Supreme Court has adopted standards to be weighed in a case by case basis as to whether the waiver of the Miranda rights was legally sufficient.

    Unfortunately, the courts have not declared that a parent must be present for the waiver of right to counsel and to remain silent to be valid.

    I have been practicing criminal defense and juvenile law in Fairfax County for 13 years. You may visit my website www.NoVaAttorneys.com.

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  • What are the conditions of the 251 First Offender Program in Virginia? I was issued a court summons for poss. of marijuana.

    I am 19-years-old, and I attend Virginia Tech, and so I consulted the student legal services attorney. She told me I will have my license suspended for 6 months, but I may get a restricted license. I was also told I would get 12-month probation, b...

    Alexander’s Answer

    I disagree with the advice provided by the student lawyer and the previous counsel. A dismissal after completion of a 251 program cannot be expunged from your criminal record. Even if the case is dismissed it can have serious consequences for your future.

    http://www.avvo.com/legal-guides/ugc/beware-of-virginia-marijuana-251-dismissal

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  • Should I pay the civil demand?

    I shoplifted $35 worth of stuff from Kmart. Three weeks later, I received a civil demand for $300. Should I pay this? What are the chances of me getting sued over this? Also, my name is even misspelled in the civil demand letter.

    Alexander’s Answer

    I would guess that you were charged criminally and have a court date in criminal court. Talk to your lawyer. Your payment may be used as an admission of the theft. Wait until your lawyer gives you advice

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  • My son was convicted on drug related charges Can he records be expunged?

    He was convicted on just the use of drugs. But violated probation then served his time. He has benn out for about two yrs. this happen about six yrs ago. He can't get or keep a job because of background checks.

    Alexander’s Answer

    Unfortunately, for a drug conviction in Virginia, an expungement is not permissible according to Virginia law. The only way to have such a record erased is through a pardon from the Governor, which is a complex and difficult process.

    It is difficult to achieve employment with a conviction, but I wish you and your son success in the future.

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  • How long can a person be held with no bond in state jail. And the other ppl that were involved has a bond.

    He was pointed out on a line up. But the person they are looking for has no tatoos and he has over a hundred of them.

    Alexander’s Answer

    Your friend can be held without bond until his trial is held. He should hire a lawyer, or ask for court appointed counsel, to file a bond motion in hopes of having a bond set. In Virginia, for certain crimes of violence or if the crime involved a weapon, there is a presumption against bond.

    Contact a local attorney that practices regularly in Culpeper for more insight.
    Here are two:
    Blake Woloson
    Bradley Buster

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  • How do I fight against this reckless driving ticket in VA? I was cruising at the speed limit with my pregnant wife...

    I was cruising on I-81 at 70 mph (the speed limit) with my pregnant wife on 12/25/2011, and suddenly stopped by an officer, who hid himself behind trees, claiming that he saw a car at 83 mph on radar and it must be me since mine was the only car h...

    Alexander’s Answer

    A really good attorney for Reckless Driving and DUI charges along I -81 is Robert Keefer. Well respected. He is based out of Harrisonburg, Virginia.

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  • Can I represent myself and ask for a diversion program if it is a first offense petty larceny charge?

    I was caught trying to steal $102 worth of stuff from Target. I have no prior criminal history and this is my first offense. I was not arrested or taken in, just given a summons to appear in court. The cops told me they would put in a good word fo...

    Alexander’s Answer

    Unfortunately, each county in Virginia has its own diversion program. To get responsible advice, contact a lawyer in Lynchburg that does criminal defense. Even diversion programs may leave things on your criminal record that can have a lasting effect on you later in life.

    Please be warned -- Don't just take the advice of the police officer.

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  • The final disposition a Drunk in Public case was "Dismissed." Does that mean the person was or was not convicted?

    The person pled GUILTY to Drunk in Public in the Commonwealth of Virginia Charge : DRUNK IN PUBLIC Code Section : 17-7 Case Type : Misdemeanor Class : 4

    Alexander’s Answer

    It appears as if he or she was not convicted. The courts in Virginia have the ability to withhold a finding a guilt and eventually dismiss the case even if a person enters a plea of guilty.

    If you are asking the question for yourself, talk tto an attorney to verify the record, and be careful before filling out paperwork indicating that you don't have a conviction.

    If you are considering an expungement, you should also talk to an attorney to see if the matter can legally be expunged from your record.

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  • Can i get my 12 year old possession with the intent to distribute crack cocaine charge erased from my record in Virginia

    I havent had any other felonies since this charge just a couple misdemeanors

    Alexander’s Answer

    Short answer is that if you were convicted, there is no hope of expungement. As the other attorney indicated, the pardon process would be your only opportunity for it to be eliminated from your record.

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