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Andrew Joseph Cornick

Andrew Cornick’s Answers

74 total

  • 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

    20 Y/0. Active duty military. Hearing set for this Friday. Military legal won't represent me in criminal case.

    Andrew’s Answer

    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.

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

    Langley Air Force Base, Hampton VA. I was pulled over for supposedly running a stop sign. I did not run it. There were 4 police cars and 5 officers on the scene. They said they smelled alcohol and asked me to conduct a field sobriety test, during ...

    Andrew’s Answer

    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 example). You need to coordinate with your lawyer to determine how to word the restricted permit to comply with the federal court's order.

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  • What type of plea agreements are required in Virginia circuit courts?

    From what I've heard, written plea deals are required in circuit courts in Virginia. However, my friend, when he went to court was given a verbal plea agreement in the circuit court.

    Andrew’s Answer

    Rule 3A:8 of the Supreme Court of Virginia requires that plea agreements in felony cases be reduced to writing. Some circuit courts have unwritten and technically improper practices of handling felony plea agreements verbally, for a variety of reasons. There is no firm requirement for misdemeanor plea agreements to be in writing.

    Whatever happened to your friend will be put forth in a written order to be signed by the judge. (S)he should check it for accuracy as soon as possible and point out any errors to the attorney.

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  • 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?

    I was vacationing in VA. I admittedly had been drinking while in my hotel room before deciding to go down to load bags in my car in preparation for my return to NY the following day. I put keys in ignition and popped the trunk. I had gotten o...

    Andrew’s Answer

    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.

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  • Grand larceny charge

    My wife and I have been charged with grand larceny and conspiracy to commit grand larceny. What are the chances we could plea bargain to avoid jail time?

    Andrew’s Answer

    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 have and have not spoken to, what your prior criminal record is, and who else may be able to testify on your behalf. That would provide a very good starting point for discussions - NOT ON THE INTERNET - with a criminal defense attorney.

    Each of the charges you describe is a felony in Virginia, with a punishment range if convicted of a prison term between one and twenty years, or a jail sentence up to twelve months and/or a fine up to $2,500.00. You are right to be asking questions early on because jail time aside, a felony conviction can close many doors on you.

    Many of us offer free consultations. Come meet us.

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  • How much time could i be looking at?

    convicted felon with time over my head, still on probation, and am going to be arrested for destruction of property. what is the minimum and maximum possible sentence?

    Andrew’s Answer

    In Virginia, destruction of property is punished as a Class 1 Misdemeanor for damage less than $1,000, which is punishable by jail up to 12 months and/or a fine up to $2,500, and as a Class 6 felony for damage of $1,000 or more, which is punishable by a specific prison term between 1 and 5 years, OR jail up to 12 months and/or a fine up to $2,500.

    If you are still on probation or subject to an order of good behavior, then if you are arrested (but more likely if you are convicted) you can expect a show cause hearing on the suspended time presently over your head. If you are found in violation, the court can give you no additional punishment or can revoke up to the entire amount of time over your head.

    It sounds like you should hire a lawyer sooner rather than later. Many of us can arrange a surrender and in some cases get your bond situation sorted before you even have cuffs on.

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  • I got a ticket in hopwell VA. 92/ 70 I live in Florida is there a way I can pay this withour coming to Va 2 time for court?

    I called they said Ist court date was a heaing if I wanted a lawyer or not. I just want to Pay this without having to make 2 different trips to VA> thanks for your time! the ticket is listed Reckless Driving N. Johnson

    Andrew’s Answer

    I agree with Mr. Moore. Simply paying a fine (if that option is offered to you) would result in a criminal conviction as opposed to a conviction for a traffic infraction, and that can have consequences you would probably prefer to avoid. You should contact a few local defense attorneys to see if the Court will waive your appearance for the trial - in other words, it may be possible to hire an attorney to appear for you without your having to drive back up. You can look for lawyers from Hopewell specifically, or you can try the Richmond area too. Best of luck.

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  • I got a speeding ticket for 80 in a 70. Most of the lawyers I have spoken to say to pay them $300+ and they will get the judge

    to allow me to go to driving school to drop the ticket. This is my first ticket. Can I go to court and ask the judge myself if I can go to driving school to drop the ticket? Or is this not a good idea and a lawyer should do it? Is there a possibi...

    Andrew’s Answer

    You have the absolute right to represent yourself, i.e. to go to court on your own and argue the case without a lawyer. What you pay for when you hire an attorney is advice and advocacy based on that attorney's wisdom and experience.

    In Virginia you also have an absolute right of appeal from General District Court (the first court you will be attending) to Circuit Court. In other words, if anything goes wrong in the first court you get a second bite at the proverbial apple. What you don't know, and what those local attorneys likely do know, is how much more or less sympathetic the Circuit Court judge you're likely to see on appeal will be in comparison to that General District Court.

    I hope this information helps you decide whether or not to hire an attorney or to represent yourself. Best of luck.

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  • Got pulled over and summoned to court over a foreign driver's license. Does this qualify me for a Class 2 misdemeanor penalty?

    I got pulled over the other day for not completely stopping at a right turn on an intersection. The officer asked for my driver's license, and he noticed it is a foreign one. He basically gave me the two options of either getting a US Driver's lic...

    Andrew’s Answer

    A lawyer would need a little bit more information from you in order to answer this question correctly. If you are a non-resident, you can drive on a foreign driver's license pursuant to Va. Code section 46.2-307 -

    If you are living or working in Virginia now, though, you have 30 days from the time you became a resident to get a license from our DMV.

    Do not miss that court date. It sounds like you have already been charged, so I suggest you speak with some local Fairfax attorneys to get a feel for what the judges there might do under your specific circumstances. Many lawyers offer free consultations and can tell you exactly what they would do to help you.

    Best of luck.

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  • I got a reckless speeding ticket, 115/65 (pace) on an empty highway at night.

    since i was driving my friends sports car, the cop might have thought that i must be going fast. No arrest was made. What are my options to fight the ticket ? ... or should i plead guilty and ask for reduced ticket ? thanks

    Andrew’s Answer

    Many judges impose active jail sentences in reckless driving cases at that speed. You should be speaking with some seasoned defense attorneys in the area and you should hire the best one you can afford.

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