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Andrew Joseph Cornick
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Andrew Cornick’s Answers

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  • So if someone recieved a DUI over 10 years ago, would those records be available today, 10 years later in the same county?

    Need to know if county would still have record of 1st DUI over 10 years ago?

    Andrew’s Answer

    Short answer - yes, probably.

    In Virginia, General District Courts (where most DUI cases are heard) purge records after ten years. After ten years, that original warrant with the judge's original signature is destroyed. That being said, a record of conviction is still archived and many are available for viewing online. Furthermore the Office of the Commonwealth's Attorney in your locality may have obtained and kept a certified copy of the conviction. The conviction was likely also reported to DMV.

    If the case was appealed to Circuit Court, the original records are almost definitely still in existence.

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  • My boyfriend has two prior assault and battery charges against his ex wife and is now in jail for his third simple assault.

    How much time can he get. I never pressed charges but I'm the only witness. The lady that pressed charges left and never talked to the cops.

    Andrew’s Answer

    If the current charge is simple assault as you say, the range of punishment is up to 12 months in jail and a fine up to $2,500.00, either or both. Your boyfriend runs a substantial risk of serving jail time if convicted since he has the two prior convictions. He should speak with several experienced criminal defense lawyers in your area and hire the best choice in his price range.

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  • Can I press charges on the woman my boyfriend was with before me with for not informing him she had herpes?

    Can I press charges on the woman my boyfriend slept with one time before me, for not informing him she had herpes until several weeks after him and i started dating, therefore allowing me to contract it as well. I always use condoms with every man...

    Andrew’s Answer

    Virginia punishes "infected sexual battery" for knowingly having sex with someone else without disclosing infection with HIV, syphilis or hepatitis B. Herpes is not on the list.

    As a matter of proof, you may want to consider the fact that (according to you) your first outbreak occurred months after exposure. It may very well be that this woman did not know she was carrying and then told your boyfriend as soon as she found out.

    Best of luck.

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  • I was blind sided by a guy at a gas station in Bristol, Va i pressed charges but the guy he apologized now i want them dropped

    he was with two other guys told them to get in the car so i watched them get in the car and out of my perifial i saw him swing and tried to dodge it but couldnt by the time i got up he had got in the car and left the i contacte the authorities the...

    Andrew’s Answer

    Now that he has been arrested and a court date was set, it is the Commonwealth's decision whether to drop the charges. That being said, you may want to speak to a lawyer about exploring the possibility of entering an "accord and satisfaction," which is basically an agreement between you and him to drop the charges. An experienced criminal defense lawyer in your area can tell you more about your options now. Best of luck.

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

    My sister was recently arrested for drug dealing, she was addict and to pay for her addiction she turned to dealing. The year before she was arrested my father told the police that she was involved with wrong people and we tried to help her but be...

    Andrew’s Answer

    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 whether any of your sister's rights were violated, it is too soon to tell. The police do not have an obligation to "help" if someone suggests they keep an eye out for trouble (in the form of the wrong friends). That does not mean they did their job correctly. An experienced criminal defense lawyer will be able to gather the necessary information as the case progresses and advise your sister appropriately.

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  • Can an attorney know who the witnesses are against his client and not tell him? That is what my son's court appointed told him.

    These are very serious charges, assault malicious wounding, he is facing serious time, how is it that is own lawyer knows who the witness against him is and can't tell him, this is something I have never heard of before. Please help me with this s...

    Andrew’s Answer

    The three gentlemen before me have effectively answered the question. I write to add that if the attorney is in fact stating to your son that he knows who a witness is but will not say who it is, the attorney may have discovered what is called a "conflict of interest." Sometimes these arise when an attorney has represented someone who wants to or has to testify against the attorney's client. Since the attorney has the responsibility to protect both the defendant and the witness, he should get out of the case as soon as possible, revealing only what information is necessary to get out of the case. Your son should explore with his attorney whether or not this is what is happening.

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  • Our 20 yr old son is under investigation for a sex crime at his college, UMW. We need to find appropriate counsel,

    He needs counsel in Fredericksburg, VA. He has been accused of rape by another student. He has been under investigation for 2 weeks, so we are feeling very nervous since this has not gone away and fear that he may be charged.

    Andrew’s Answer

    Fredericksburg is blessed with a number of experienced criminal defense attorneys. Many of us offer free consultations. You and your son should contact several of us to discuss the matter.

    This should happen sooner rather than later. Rape is a felony in Virginia that carries a prison sentence between five years and life, with mandatory registration as a sex offender. Your son should have the benefit of a good attorney as soon as possible, even before a charging decision is made, at the very least for the following:

    1. Organizing early and effective gathering of evidence in your son's favor;
    2. Explaining the investigative process and what may happen to your son; and
    3. Arranging a surrender and negotiating a bond if in fact charges are brought.

    This is a very serious matter that deserves prompt attention. I would be happy to speak with you and your son. If you would also like the names and numbers of several trustworthy colleagues here in Fredericksburg, feel free to email me at cornick@smkclaw.com and I will respond today.

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  • If i completed first offender program & charge was dismissed by judge do i have a record?

    I was charged with possesion of marijuana i was never arrested, i was ordered to the first offender program i completed the first offender program, and my charge was dismissed by the judge. Since i was never arrested and my charge was dismissed do...

    Andrew’s Answer

    It sounds like you actually were arrested, technically speaking. If you saw the judge, the officer must have given you a piece of paper telling you when to show up. This was probably a summons, much like you might receive for a speeding ticket.

    The first offender program is provided to people against whom the Court has already found facts sufficient to convict. When you successfully complete it the court dismisses the charge.

    Expungement for a first-offender dismissal is not available in Virginia for two reasons: 1.) The expungement statute prohibits relief to people for whom evidence was found to be sufficient, and 2.) They want to keep the dismissal on your record so that you only get the first-offender opportunity once.

    Your NCIC (criminal) record likely shows an arrest/charge for possession of marijuana and a disposition of "dismissed." Under current law that will stay on your record forever. But it's not a conviction.

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  • What is the least amount of time someone can pull in jail for probation violation

    Underlying charge unlawful wounding

    Andrew’s Answer

    At your probation violation hearing, the court will first determine whether or not you are in violation of the terms and conditions of your probation. New convictions, positive drug tests, failure to report a new arrest, and absconding are frequently seen violations.

    If the court does find you in violation, then the potential punishment range is nothing (re-suspending all the time previously suspended) up to the entire sentence currently suspended.

    The Commonwealth will argue for what they believe is appropriate and then your attorney can make an argument. The Commonwealth then has the last opportunity to speak before the Court makes its ruling.

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  • I got cought shopliftong at kroger and have to go to court on the 1st it was, only nail, polish $2. 88 this is my first w

    im scared what will happen

    Andrew’s Answer

    I don't practice in the Roanoke area. You have an answer from a local attorney that seems to suggest first-time offenders frequently get a weekend in jail. You should absolutely be consulting with several criminal defense lawyers in the Roanoke area and you should hire the best one you can afford.

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