Skip to main content
Andrew Joseph Cornick

Andrew Cornick’s Answers

74 total

  • I have a warrent in MD for failure to appear in court from almost a year ago how can i resolve this

    i was driving to MD for work and got pulled over and didnt have a valid drivers license, i live in VA and i didnt appear on my court date and now have a warrent case and this happened almost two years ago what can i do to fix this so i can get my ...

    Andrew’s Answer

    You should make immediate plans to resolve the outstanding warrant in Maryland. Call several attorneys in the area of Maryland where your case is pending. Hire the best one you can afford.

    Once the Maryland case is resolved, if you do not currently have a valid Virginia driver's license, any Virginia DMV can print for you a "compliance sheet," which will list the conditions you need to satisfy in order to get your license back.

    Best of luck.

    See question 
  • Letter sent from brother not to enter property to visit with mother without call. served w/trespass warrant.

    Court case was nolle prosequi .no evidence of letter sent. Plaintiff is currently under ivestigation for elder abuse. Do I have to pay Court Cost?

    Andrew’s Answer

    If a case is ended via nolle prosequi, the defendant is not required to pay court costs. The clerk's office at the court you attended can absolutely confirm how the case ended and whether or not costs are owed, though. You should call them.

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

    can i hire a public defender? I had a weed charge in 07 not while driving but anyways i completed a years court drug treatment program but had fines too high to pay which just cleared but now i have six more mos suspension.

    Andrew’s Answer

    • Selected as best answer

    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 court date).

    If your compliance sheet is more complicated than you expected, or the clerk's office isn't as user-friendly as you like, you should consult with several attorneys in your area and hire the one you prefer most. Best of luck.

    See question 
  • How can I get my son record cleared of a mistermeanor?

    He has a record of petty larceny. He was with a young lady that was shop lifting while they were together. He spent 6 months in jail for this. He is having problems obtaining employment as a result of it.

    Andrew’s Answer

    If your son was convicted of petit larceny in Virginia, there is one method to obtain an expungement and have his record cleared. If the Governor of Virginia grants him a pardon, the records of his arrest and prosecution can be expunged. Short of that, the conviction will remain on his record forever.

    See question 
  • My sister was told by police that she was not under arrest but she was bring detatined. she has never been finger printed.

    taken to a different jail and still not charged. she was not given any paperwork. nor given a phone call. it has been 9 days and still has not been merandized. what should we do???

    Andrew’s Answer

    The police only have to Mirandize suspects who are in custody (under arrest or its equivalent) and subject to interrogation (questioning). If no one wanted to question your sister, no one would be reading her her rights.

    It sounds like you or your sister may not know what her charges are. Start by calling the jail where she is being held. They should be willing to tell you what charges she has and for what court. You can then go to the clerk's office of the court where the charges are pending and find out when the court date is.

    If the jail can't or won't tell you why she's being held, and the Clerk's office won't help you, consider speaking with an attorney in your area. Best of luck.

    See question 
  • I was convicted of a felony in 2004 and have a plea agreement but I believe while on probation my plea agreement was violated

    what can I do. I am a sex offender my agreement says I am non violent but they changed that to Violent.

    Andrew’s Answer

    You really should get back in touch with the attorney who represented you in 2004.

    I can't tell from your question how your plea agreement was violated, if it was, but it looks like you're saying that you went from "non-violent" status to "violent" status.

    This can happen based on certain new convictions, or reclassification of the crime that you plead to in 2004. Your old attorney should be able to get you up to speed quickly.

    See question 
  • How will my appeal be viewed a second or a third charge?

    I have mentioned previously that i have been charged and convicted with driving on a suspended license second offense. this is actually a 3rd if you follow the numerical code i have a 1st offense, second offense, second or subsequent offense and ...

    Andrew’s Answer

    The number of times a person has been convicted dictates what can happen with this charge.

    A "third or subsequent offense occurring within a 10-year period" carries mandatory, minimum jail time (ten days). Sometimes, when it looks like winning at trial looks difficult, lawyers will negotiate a "second offense," even though at least two prior convictions exist, because it allows the court to avoid giving mandatory time.

    Appealing a conviction from General District Court to Circuit Court can give the Commonwealth the opportunity to change the charge. If the plea to a "second offense" was negotiated down from a third- or fourth-offense charge, then the plea agreement is considered breached and the Commonwealth can elect to amend the charge back to its original language. There are other methods, depending on what happened in General District Court, for the Commonwealth to correct the charge (if they are aware of the error). You should speak with your attorney about it.

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

    How long will I lose my license, if so how long? Can I drive with my kids?

    Andrew’s Answer

    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 certain circumstances.

    If you don't have an attorney yet, you need to get one. Besides the mandatory jail time, this DUI conviction can be financially devastating. Consult with several lawyers in your area and hire the best on you can afford.

    See question 
  • What are the chances of my boyfriend being convicted of grand larceny?

    My boyfriend was arrested because he had a warrant out for his arrest on grand larceny charges of 200 dollars. The police searched his house but they didn't find the money or anything else belonging to the lady.

    Andrew’s Answer

    In Virginia, the felony threshold for larceny is $200. If - IF - the Commonwealth is able to prove beyond a reasonable doubt that your boyfriend stole $200, then he would be convicted of a felony and subject to a prison term up to 20 years. He needs a lawyer.

    Whether they can prove him guilty beyond a reasonable doubt depends on numerous factors, many of which may not be known to you or your boyfriend right now. A good attorney will help gather information about the case and provide your boyfriend with his options, including advice on the likelihood of success at trial. No attorney can promise he will win, but with a bunch more information we can give you informed predictions.

    Make sure your boyfriend talks to several defense attorneys in your area. He should hire the best one he can afford.

    See question 
  • 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.

    A few days ao, he did it again. This time its a felony and he is 18.. He is a straight A student, vice president of the student council,is in the honor society and is involved in many other school activities including football. One charge is count...

    Andrew’s 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.

    See question