Andrew Joseph Cornick’s Answers

Andrew Joseph Cornick

Fredericksburg Criminal Defense Attorney.

Contributor Level 9
  1. My sister was told by police that she was not under arrest but she was bring detatined. she has never been finger printed.

    Answered over 1 year ago.

    1. Andrew Joseph Cornick
    1 lawyer 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...

    1 lawyer agreed with this answer

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

    Answered over 1 year ago.

    1. Andrew Joseph Cornick
    2. Alexander M. Ivakhnenko
    2 lawyer answers

    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...

    1 lawyer agreed with this answer

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

    Answered over 1 year ago.

    1. Andrew Joseph Cornick
    1 lawyer 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.

    1 lawyer agreed with this answer

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

    Answered over 1 year ago.

    1. Andrew Joseph Cornick
    1 lawyer 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...

    1 lawyer agreed with this answer

  5. What is needed to convict someone charged with assault malicious wounding in the state of Virginia

    Answered over 1 year ago.

    1. Andrew Joseph Cornick
    2. James Regan
    2 lawyer answers

    Malicious wounding in Virginia is accomplished when you "maliciously shoot, stab, cut, or wound any person or by any means cause him bodily injury, with the intent to maim, disfigure, disable, or kill." Virginia law allows a judge or jury to presume malice in the use of a deadly weapon (such as a gun). Another presumption allowed is that people intend the natural and probable consequences of their actions. Apparently no one saw your son USE a gun, but merely possess it. You should seek...

    1 lawyer agreed with this answer

  6. I was convicted of a law that is no longer on the books and served time for it. Is it still on my record?

    Answered over 1 year ago.

    1. Carleton Penn III
    2. Andrew Joseph Cornick
    2 lawyer answers

    If you were convicted then the conviction will still appear on your criminal record. If it was a felony conviction, the file will still be in the Clerk's Office in the city or county where you were convicted. If it was a misdemeanor conviction and it has been more than ten years, the clerk in the General District Court has likely destroyed the original file. You should also be aware that if you were declared an habitual offender and you have not already petitioned for and received relief,...

    1 lawyer agreed with this answer

  7. Is it required for the police to read you your Miranda rights before arresting you?

    Answered about 2 years ago.

    1. Barry Franklin Poulson
    2. Harry Edward Hudson Jr
    3. Andrew Joseph Cornick
    3 lawyer answers

    It is impossible to predict how difficult it will be to, in your words, beat this false charge. I say that because there are many variables (witness statements, photographic or other physical evidence, etc.) that can influence the outcome which should not be discussed in public. You should consult privately with several defense attorneys and try to find one you trust to represent you. Best of luck, Andy Cornick Fredericksburg, VA

    1 lawyer agreed with this answer

  8. I was arrested for public intoxication in VA about a month ago. How long does it take to show up?

    Answered almost 2 years ago.

    1. Andrew Joseph Cornick
    1 lawyer answer

    If you have court coming up this soon, your name and case information are likely already available on the Virginia Courts public website. Information about the arrest (but with no information as to the disposition, since it has not occurred yet) is also probably already listed on your NCIC report. If you are found not guilty, if they drop the charge by "nolle prosequi," or in some other cases where the charge is dismissed, you can later petition the Circuit Court in the county or city where...

    1 person marked this answer as helpful

  9. I pawned a rifle at a pawn shop having a domestic violence charge from the yr 2000

    Answered almost 2 years ago.

    1. Andrew Joseph Cornick
    1 lawyer answer

    You should not make any statement to any police officer until you have spoken with an experienced criminal defense attorney in your area. Let the officer do his or her own investigation - do not help build the case against you. I am not sure under what law you were convicted of committing domestic violence, or how you answered any questionnaire the pawn shop may have given you, NOR SHOULD YOU SHARE THIS INFORMATION IN PUBLIC, but there may be defenses to the charges you are expecting....

    1 person marked this answer as helpful

  10. Do i need a lawyer will this effect his future

    Answered almost 3 years ago.

    1. Andrew Joseph Cornick
    1 lawyer answer

    You (and definitely your son) should speak to an experienced criminal defense lawyer in your area. Your question does not state what drug your son is accused of possessing, but penalties can be severe and his ability to get federal student aid can be compromised if he is convicted of a drug offense. There may be many defenses available to your son. It would be best for him to talk with a lawyer in detail about what happened and plan a course of action.

    1 person marked this answer as helpful