Andrew Joseph Cornick’s Answers

Andrew Joseph Cornick

Fredericksburg Criminal Defense Attorney.

Contributor Level 9
  1. My sister was recently arrested for drug dealing, Were any rights violated? What can we do?

    Answered over 1 year ago.

    1. David Vyborny
    2. Andrew Joseph Cornick
    2 lawyer answers

    Your sister absolutely needs to consult with a defense attorney, preferably several, and hire the one she trusts the most to help sort this out. Courts in this area can react harshly in distribution cases, so every effort should be made to minimize the damage and avoid conviction - if possible. If she has not yet made bond, you and your family can meet with attorneys and some of us will go to the jail to speak with her so that we can give better advice on how to proceed. With regard to...

    3 lawyers agreed with this answer

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  2. How much time could i be looking at?

    Answered 7 months ago.

    1. Andrew Joseph Cornick
    2. Brenton Daniel Vincenzes
    3. Kevin Reese Pettrey
    3 lawyer answers

    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...

    3 lawyers agreed with this answer

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

    Answered 10 months ago.

    1. Andrew Joseph Cornick
    2. Sudeep Bose
    3. Brenton Daniel Vincenzes
    3 lawyer answers

    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 - http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+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...

    3 lawyers agreed with this answer

  4. Can my case be brought up again after being nolle prossed?

    Answered 12 months ago.

    1. Patrick Michael Lawrence Blanch
    2. Andrew Joseph Cornick
    3. James Donald Garrett
    4. Benjamin Harrison Hamlet
    4 lawyer answers

    In a strict legal sense, the officer can bring the charge back within one year of the date of the alleged offense. Whether or not he would do it depends on several factors. It is probably worth your time to speak with a couple defense attorneys in your area. In private, let them know the name of the judge, the prosecutor (if one was involved), and the officer. A good local defense attorney should be able to let you know if the officer would actually go back and get the charge, and whether...

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  5. What happens if you have a moving violation infraction as a tourist in Virginia?

    Answered over 1 year ago.

    1. Andrew Joseph Cornick
    2. John-Paul Patrick Gilson
    3. M. Todd Miller
    4. Patrick Owen Earl
    4 lawyer answers

    If your brother is over 16 years, 3 months old, and he has IN HIS POSSESSION a valid driver's license issued to him from Mexico, he may legally drive in Virginia. See Va. Code section 46.2-307. If he does not have a valid driver's license, then under certain circumstances you can be charged with a crime if you knowingly let him drive your car. If he's got a valid license with him, it would be a good idea for him to keep his passport with him when he drives. Some traffic stops end in...

    3 lawyers agreed with this answer

  6. After a search is performed and is filed, is it filed by name or address?

    Answered over 1 year ago.

    1. Andrew Joseph Cornick
    1 lawyer answer

    Search warrant affidavits and inventories are typically filed in the Circuit Court Clerk's Office in chronological order and are often identifiable by the location to be searched or the item to be seized. Try going back to the Clerk's Office and describing when the search happened. Knowing the address of the place searched would also be very helpful.

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  7. My son was arrested for sholifing last year. It was a misdemeanor as a minor and he goes back to court in March of 2013.

    Answered over 1 year ago.

    1. Andrew Joseph Cornick
    1 lawyer answer

    Each county and independent city in Virginia has its own court system. Cases are rarely if ever combined. Nonetheless there may be several avenues of defense or mitigation regarding the new charge. Your son should consult with several experienced defense attorneys in the area and hire the best one he can afford - if there is a way to avoid a felony conviction you want to find it.

    3 lawyers agreed with this answer

  8. Can a felony dwi conviction be overturned after the appeals period has expired?

    Answered almost 2 years ago.

    1. Andrew Joseph Cornick
    2. Nicole Holls Naum
    2 lawyer answers

    If your conviction occurred over three years ago you are definitely too late to appeal and the opportunity for some other post-conviction remedies has probably also lapsed. No judge should have accepted a plea of guilty to a DUI 3rd felony without proof that two qualified prior convictions occurred. One issue of note is that if you have two DUI convictions, even if both are termed a "1st offense," a third conviction can still be a felony conviction. It is the number of DUI convictions...

    3 lawyers agreed with this answer

  9. 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

    Answered 10 months ago.

    1. Andrew Joseph Cornick
    2. Brenton Daniel Vincenzes
    3. Scott Christopher Nolan
    4. Robert Jason De Groot
    4 lawyer answers

    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...

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

    Answered 11 months ago.

    1. Andrew Joseph Cornick
    2. Victoria Lee Allen
    3. Stephen R Bloomquest
    4. William Jackson Hancock
    4 lawyer answers

    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.

    2 lawyers agreed with this answer