Andrew Joseph Cornick’s Answers

Andrew Joseph Cornick

Fredericksburg Criminal Defense Attorney.

Contributor Level 9
  1. Grand larceny charge

    Answered 8 months ago.

    1. Andrew Joseph Cornick
    2. Jonathan L Katz
    3. Patrick L. Bales
    4. Samantha Lauren Van Scoik
    4 lawyer answers

    While there are certain situations where lawyers can very accurately predict an outcome (like what a particular court will do with a 87/70 speeding ticket), a two-count felony case like yours or your wife's requires a pretty in-depth discussion about the facts - IN PRIVATE - before any of us could give you an intelligent opinion. Generally speaking, you will want to be prepared to discuss what the police believe happened, what statements or physical evidence they have taken, who all they...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Judge said law changed he cannot give restricted permit - how do I get one?

    Answered 20 days ago.

    1. Andrew Joseph Cornick
    2. Jonathan D. Esten
    3. Mark Steven Paullin
    4. Taejin Christina Pendleton
    5. Jay Scott Finnecy
    5 lawyer answers

    The Attorney General recently issued guidance, which was adopted by the U.S. District Courts, that determined federal courts do not have the authority to issue restricted permits in Virginia. The General District Court in the county or city where you live can issue a restricted permit. My suspicion is that the magistrate judge who convicted you ordered "no driving in the United States for 12 months" but he or she may have put some exceptions on that prohibition (to and from probation, for...

    7 lawyers agreed with this answer

  3. I was arrested in VA but live and work in NY. Can a lawyer get me permission to leave the state and return for my court date?

    Answered 8 months ago.

    1. Andrew Joseph Cornick
    2. Samantha Lauren Van Scoik
    3. Jennifer Raimo
    4. Paul McGlone
    5. Jonathan L Katz
    6. ···
    6 lawyer answers

    You, or a lawyer working on your behalf, may petition the court to amend the terms of your bond and allow you to leave the Commonwealth. You will likely find it to be a much quicker process if you hire an attorney to handle it for you. If your bond is secured, you will also want to get the permission of your bondsman (if you have one) prior to leaving the state.

    6 lawyers agreed with this answer

  4. What is statute of limitations for probation violation in Virginia?

    Answered almost 2 years ago.

    1. Andrew Joseph Cornick
    2. Kenneth William Jacobson
    3. Arash Zarei
    3 lawyer answers

    Probation violations can be brought up to one year after the end of the probationary period. In addition, there may have been a term of good behavior imposed on your suspended sentence. If so then the statute runs one year after the expiration of the term of good behavior. If good behavior was ordered but no time period was specified, the default is the statutory maximum punishment - in a cocaine possession case, ten years. You can get a copy of the sentencing order from the Clerk's Office...

    6 lawyers agreed with this answer

  5. What happens at a bench trial for Dui charges? Will I go to jail, aggravated charges. Blew .213 can I delay this anymore?

    Answered about 2 years ago.

    1. Andrew Joseph Cornick
    2. Frank Mascagni III
    3. Patrick Owen Earl
    3 lawyer answers

    A "bench trial" is a trial before a judge rather than a jury. The judge will hear the evidence, make rulings on objections and motions, and render a verdict. If you are convicted of a first-offense DUI in Virginia and a breath certificate is introduced showing a BAC of .21, the judge MUST sentence you to at least ten days of jail (mandatory, minimum time). The court will also be required to suspend your license for twelve months, though usually you will be allowed a restricted permit for...

    6 lawyers agreed with this answer

  6. How do you go about petitioning Chesterfield Circuit Court in Va for restricted drivers license if you cant afford a lawyer?

    Answered about 2 years ago.

    1. Andrew Joseph Cornick
    2. H. Eugene Oliver III
    3. Patrick Owen Earl
    3 lawyer answers

    Go to DMV and get a "compliance sheet." It sounds like the six-month suspension for your marijuana conviction was tolled (didn't start to run) until you paid off whatever fines and costs were overdue. If the only remaining suspension is for the marijuana charge you are eligible to receive a restricted license. Start at the local clerk's office. Some will allow you to use a pre-printed form to apply for a restricted license, using that as the petition and docketing it for you (giving you a...

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  7. Charged with a HIT-6604-F5 code 46.2-894 and DWI-5413-M1 code 18.2-266. First offense for both. What should I expect/advice

    Answered 20 days ago.

    1. Phoenix Shannon Michele Ayotte Harris
    2. David A Oblon
    3. Jonathan D. Esten
    4. Taejin Christina Pendleton
    5. Jon F. Hays
    6. ···
    9 lawyer answers

    I chime in only to tell you that the VCC code you've given us, HIT-6604-F5, indicates that you have been charged with a felony hit & run. That will almost certainly be a career killer in the armed forces if you are convicted. You need to consult with several defense attorneys in your area and hire the best one you can afford.

    5 lawyers agreed with this answer

  8. In all honestly how likely is an appeal for a misdemeanor for a petit larceny conviction sucessful?

    Answered almost 2 years ago.

    1. Andrew Joseph Cornick
    2. Kenneth William Jacobson
    3. Mark Westerfield
    3 lawyer answers

    You should seek out and meet with several defense attorneys in your area. Many of us do not charge a consultation fee, so it should not cost you anything to find out what an attorney may be able to do for you on appeal to circuit court. Petit larceny is considered a "crime of moral turpitude," and can disqualify you for some jobs. If you can avoid the conviction, you should. Also be aware that up until the day before your trial in circuit court, you may withdraw your appeal and accept...

    5 lawyers agreed with this answer

  9. If i pressed charges on my boyfriend for domestic assault not the police can i drop the charges ?

    Answered over 1 year ago.

    1. James Donald Garrett
    2. Andrew Joseph Cornick
    3. Robert C. Keller
    3 lawyer answers

    Once a warrant is issued for domestic assault & battery, like any other crime, the decision to drop the charge rests with the prosecutor. Some prosecutors will take the complaining witness's (your) wishes into account, while others will actually ignore your wishes and proceed however they see fit. If you feel you are being bullied by a prosecutor, you may want to talk to a few attorneys in your area about what is happening.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Is the breathalyzer test I took in jail after refusing at the scene going to be used against me in court?

    Answered over 1 year ago.

    1. Andrew Joseph Cornick
    1 lawyer answer

    Typically the results of a breathalyzer administered at the jail are inadmissible at trial. In many cases you can't get out of jail until the jail is convinced you are not under the influence, so submitting to the test is not truly voluntary. Furthermore the testing procedures in many jails do not meet legal standards for reliability, so the tests are not offered into evidence in jail. The prosecutor in your case may be aware of the results and the results may have an impact on how he/she...

    4 lawyers agreed with this answer

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