John W. Luxton’s Answers

John W. Luxton

Richmond Criminal Defense Attorney.

Contributor Level 3
  1. Can a person b charged with robbery if he was in the store 10 min before the robbery happened?

    Answered about 1 year ago.

    1. Stephen Patrick Pfeiffer
    2. James Edward Short
    3. James Donald Garrett
    4. Frank Mascagni III
    5. John W. Luxton
    5 lawyer answers

    The prosecutor must prove that you aided the individual who did the the robbery. Be aware the police do not have to tell you the truth as the try to interview you. They may suggest the store video contains incriminating content or that the person who did the robbery is cooperating with them. Do not bite on their bait. Be polite, but tell them you will not speak with them.

    3 lawyers agreed with this answer

  2. At arraignment incorrectly charged with first offense, can you be convicted as second offense?

    Answered over 1 year ago.

    1. Rachel Elizabeth Wentworth
    2. John W. Luxton
    3. James Stanton Abrenio
    3 lawyer answers

    You could be convicted if the Commonwealth Attorney makes a motion to amend the original warrant to allege you have previously been convicted. The offense would change from a maximum 30 days to a maximum of 12 months. The amendment must be done before you enter a plea and there must be proof of the prior conviction.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. Concealment of merchandise and petit larceny questions?

    Answered over 1 year ago.

    1. John W. Luxton
    2. Lu Aloupas
    2 lawyer answers

    Do whatever you can through an attorney to avoid a larceny conviction. Some courts will allow a general continuance to allow time to perform community service, counseling, and time to prove you will not likely offend in the future. Completion may result in a dismissal which may allow you to have the arrest records expunged.

    1 person marked this answer as helpful