Andrew Joseph Cornick’s Answers

Andrew Joseph Cornick

Fredericksburg Criminal Defense Attorney.

Contributor Level 9
  1. Grand larceny charge

    Answered 5 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. 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 5 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

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

    Answered over 1 year 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

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

    Answered over 1 year 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

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

    Answered over 1 year 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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  6. In all honestly how likely is an appeal for a misdemeanor for a petit larceny conviction sucessful?

    Answered over 1 year 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

  7. 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

  8. 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

  9. I have pending charges for a 2nd DWI within 5 years with children in vehicle. I didn't get pulled over, police said they were on

    Answered over 1 year ago.

    1. Andrew Joseph Cornick
    2. Victoria Lee Allen
    3. Mark Randolph Matney
    3 lawyer answers

    You will not get punished unless you get convicted and the likelihood of your conviction is something no attorney could give a good prediction on without a pretty in-depth interview (in private) and investigation of the Commonwealth's case. I agree that you should not post any more information about your case in public, but you should be consulting with defense attorneys. Virginia law provides for mandatory jail time not only for a 2nd DUI within 5 years, but also for transporting a minor...

    4 lawyers agreed with this answer

  10. I pleaded guilty in court on a dui, but they failed to tell me anything about restricted license

    Answered over 1 year ago.

    1. Andrew Joseph Cornick
    1 lawyer answer

    The judge probably marked you eligible for a restricted permit. If so, and if you are otherwise eligible (if you would have a valid driver's license if it weren't for this DUI conviction) and you are in compliance with VASAP, you can go back to the court where you were convicted. Go to the Clerk's Office and ask for an application for restricted permit. Usually the deputy clerk will tell you everything you need to do to apply for and receive a restricted permit, but if not you can probably...

    4 lawyers agreed with this answer