Andrew Joseph Cornick’s Answers

Andrew Joseph Cornick

Fredericksburg Criminal Defense Attorney.

Contributor Level 9
  1. 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 almost 2 years 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

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

    Answered almost 2 years 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

  3. My sister was recently arrested for drug dealing, Were any rights violated? What can we do?

    Answered about 2 years 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

    1 person marked this answer as helpful

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

    Answered 2 months ago.

    1. Phoenix Shannon Michele Ayotte Harris
    2. Jon F. Hays
    3. Jonathan D. Esten
    4. Andrew Joseph Cornick
    5. Robert David Richman
    5 lawyer answers

    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...

    3 lawyers agreed with this answer

  5. How much time could i be looking at?

    Answered 11 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

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

    Answered about 1 year 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

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

    Answered over 1 year 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...

    3 lawyers agreed with this answer

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

    Answered almost 2 years 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

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

    Answered almost 2 years 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.

    3 lawyers agreed with this answer

  10. 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 about 2 years 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

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