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Andrew Joseph Cornick

Andrew Cornick’s Answers

74 total

  • Been teared with domestic violence of a family member an destruction of property what am i facing

    i broke a laptop cut a cord to a lap broke 5 cs an wrote on a mirror in the bathroom . . . i didn't not put my hands on her period

    Andrew’s Answer

    Destruction of property can be charged as a Class 1 Misdemeanor if the value of the allegedly-damaged property is less than $1,000, or it can be charged as a Class 6 felony if the value is $1,000 or more.

    Domestic assault & battery is a Class 1 Misdemeanor that can also result in a loss of your right to possess firearms. Some acts of "domestic violence," as you say, can be charged as felonies, for example strangulation or malicious wounding.

    All of these charges I am describing carry the very real potential for jail time and other consequences if you are convicted. You should consult in private with several defense attorneys in your area and hire the best one you can afford.

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

    My brother is coming from Mexico on a tourist visa. I am going to let him borrow my car so I am wondering what would it happen if he were stopped on a traffic offense (e.g. speeding, not obey stop signs, etc). Would he be arrested? Given a ticket?...

    Andrew’s Answer

    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 arrest regardless of citizenship, such as when a DUI charge is brought. Most likely, if it is a simple speeding ticket, your brother would receive a summons for court and be released on the scene.

    If he is charged with something specific, you both should contact an attorney to determine what your next step should be.

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  • A warrant was filed on an assault charge. It happened 2/12-it was a leap year &filed it 1 year later 2/13-is a year 365 days

    Does the statute define a " year " as 365 days ? This happened during a leap year when there was 29 days in February & it occurred in Feb . of 2012 & wasn't filed until the anniversary date in 2013 . They waited one year to file cha...

    Andrew’s Answer

    The short answer to "can this be dismissed" is "maybe."

    You are right that the statute of limitations for a misdemeanor assault in Virginia is 1 year. It would seem that if a warrant issued on 2/13/2013 for an alleged offense on 2/12/2012, then the charge should be dismissed. A crafty prosecutor may argue that time is not of the essence in a charging document, in other words that the complaining witness may have been off by a few days, and thus that the court should consider the charge.

    Some judges in this area may take issue with waiting a year to swear out a complaint and you, as the defendant, are entitled to the benefit of all doubt. You should speak with several of the defense attorneys in this area and hire the best of us that you can afford. Many attorneys here offer free consultations like I do.

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  • If you are handicap and have a letter from a doctor saying you can not work and owe court cost,how are you supposed to pay.

    I was appointed a court appointed lawyer plus other fees that is due.They keep you on probation until you pay.I am disable and can not get disability until I pay in the state of Virginia.

    Andrew’s Answer

    If you are otherwise in compliance with probation and have completed all the other requirements imposed on you, you may be able to seek release from probation and have your remaining court costs reduced to a civil judgment. A civil judgment has its own set of consequences too, so you should discuss the entire situation - in private - with a few defense attorneys and hire the best one you can afford. Good luck.

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  • What is statute of limitations for probation violation in Virginia?

    the original charge was possession of cocaine

    Andrew’s Answer

    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 at the circuit court where you were tried which will give you the operative numbers in your case, or give a call to the attorney who represented you.

    Best of luck.

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

    Went to the commonwealth attorneys office and they said that the search warrant was either not filed or sealed. My attorney says it had no reason to be sealed. I asked for it by name. Is it possible they filed it by address?

    Andrew’s 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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  • I pleaded guilty in court on a dui, but they failed to tell me anything about restricted license

    i have encounter health problem's cant get to the doctor like i should i know of other people got them the day of their court date but no one went over any of that with me i had no lawyer just pleaded guilty is their anyway that i can get them bec...

    Andrew’s 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 pull a local attorney aside and ask for some guidance.

    If the judge did not mark you eligible for a restricted permit, you may be able to petition the court to reopen your case and declare you eligible.

    Either way, your quickest route starts at the clerk's office and your easiest route starts with a competent local defense attorney.

    Best of luck.

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  • How could this play out in court 18.2-63 carnal knowledge of a child 13-14:y/o age w/o force.

    Could I still be charged with this being that the girl lied about her age to me as well as the officer.

    Andrew’s Answer

    Knowledge of the "victim's" age is not an element to carnal knowledge. You absolutely can be charged and you stand the risk of being convicted, regardless of that lie. It also sounds like you have made statements to law enforcement, which you should not do again unless it's under an attorney's advice.

    You should consult with a defense attorney pronto. Feel free to call me for a free, confidential consultation.

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  • Im being charged of having sex with a person < 13. if there is no dna but only her testimonie may i have a chance of winning?

    im 18 she was 12 and there is no dna only her soul testinmonie. her mother is not presuing but the common wealth is. im in virginia. also i have witnesses close to 7. also she says this happened from may to july. no exact dates. also the detective...

    Andrew’s Answer

    12 is below the age of consent in Virginia, which means that if the Commonwealth proves you had sexual intercourse with a 12-year-old you would be convicted of rape. If they prove you were 18 at the time, under a new portion of the rape statute you MUST be sentenced to a "minimum, mandatory term of confinement for life." Life in Virginia means life, and "minimum, mandatory" means the judge can't suspend any portion of that sentence.

    If you are accused of being 18 years old and having sex with a 12-year-old at the time, you are literally fighting for the rest of your life.

    Under Virginia case law, a "victim's" testimony is legally sufficient to prove a rape charge even absent any other evidence, but you and your attorney should be discussing every other circumstance and every bit of her statement in an effort to rebut her accusations.

    Take this case seriously and beat down your attorney's door if you do not feel like you are getting the attention it deserves. If this goes wrong you could be looking at dying in prison.

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  • What level misdemeanor or felony would I receive for this type of trespassing

    I was invited to a bonfire where I was told that we were allowed on the land. When I got there I parked my car near the road and went the the bonfire where A man in a large truck came and wrote down peoples license plate numbers without saying any...

    Andrew’s Answer

    If the land was posted (that is, if signs were up saying "no trespassing") or if someone with authority, for example the owner of the property, told you to leave and you didn't, you could be prosecuted for trespassing. Trespassing in Virginia is a class 1 misdemeanor, punishable by up to twelve months in jail and a $2,500 fine.

    If there was property damage done or items stolen during the bonfire, the police or the prosecution (if it gets that far) could try to tie everyone in together. Both vandalism and larceny can be prosecuted as misdemeanors or felonies depending on the level of damage.

    If you are approached by a police officer or a detective, you should probably decline to speak with them at all until you have discussed the entire night - in detail and in private - with a good defense attorney in your area. Do not even confirm you were present at the bonfire or confirm that your car may have been there. You do not have any idea how seriously they are taking it, so it is best to err on the side of caution.

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