David Vyborny’s Answers

David Vyborny

Richmond Immigration Attorney.

Contributor Level 9
  1. Nolle Prosequi vs Not Guilty?

    Answered over 1 year ago.

    1. David Vyborny
    2. Scott Christopher Nolan
    3. Darren Douglas Meyer
    4. John-Paul Patrick Gilson
    5. William A. Jones Jr.
    6. ···
    6 lawyer answers

    Nolle Prosequi means the prosecutor has decided not to prosecute you on the charge. This sometimes happens when the prosecution feels that their case is weak (there are other reasons as well). It's similar to a dismissal, but the prosecution can still bring the charge again within the statute of limitations (often 1 year in Virginia). That may happen if they get more evidence to support the charge. An attorney can advise you on the specifics of your case, and whether or not it is likely for...

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Is it legal for my driver's license to be suspended in Hampton Virginia for not paying pet fines?

    Answered over 1 year ago.

    1. David Vyborny
    2. Kenneth William Jacobson
    2 lawyer answers

    I agree with the previous answer. Additionally, after you pay your fine and court costs, you may have to pay a reinstatement fee to the Virginia DMV. The best way to proceed is to contact the Virginia DMV and obtain a compliance summary, which will explain what you have to do before being reinstated in Virginia.

    6 lawyers agreed with this answer

  3. Can someone file assault charges if they were not present when an incident occurred?

    Answered over 2 years ago.

    1. David Vyborny
    2. Adam Michael Carroll
    3. James Regan
    3 lawyer answers

    He may attempt to file a police report, though it will be up to the police and/or Commonwealth's Attorney to charge your husband (and the others). On these facts it doesn't sound like the roommate or her father were victims of an assault (generally, there doesn't seem to be a threat to do bodily harm directed towards either of them). Therefore, it is doubtful Commonwealth's Attorney would prosecute merely on those facts. However, your husband can still be prosecuted on the original assault...

    Selected as best answer

  4. 19 year old got ticket for no auto insurance ticket in North Carolina as her boss's Virginia work truck had no insurance on it.

    Answered almost 2 years ago.

    1. David Vyborny
    2. Patrick Owen Earl
    2 lawyer answers

    If the ticket was written under her name, then it will go on her Virginia driving record if she is convicted (provided that NC sends the info to the VA DMV, which typically they do under the interstate driver's license compact). However, this is a non-moving violation in VA so the DMV shouldn't assign points to the offense on her record. While insurance rates are usually affected by moving violation/demerit point offenses, it will be up to her insurance company to decide whether to increase her...

    Selected as best answer

  5. What activities (before trial) can DUI defendants perform to help reduce charges and/or punishment?

    Answered over 1 year ago.

    1. James Donald Garrett
    2. David Vyborny
    3. Jonathan Burton Blecher
    3 lawyer answers

    Generally, a DUI is not like a speeding ticket where you can do things in advance (like driving school) to get a reduction. DUIs are rarely reduced in Virginia unless there are some weaknesses in the evidence. As always, there may be a few exceptions; maybe a particular judge or prosecutor is amenable to reducing the charge based on mitigation and character. Your attorney knows your case and the circumstances surrounding it. He or she also knows what works best with the particular judge(s) and/...

    4 lawyers agreed with this answer

  6. Do I have grounds to sue for mental anguish?

    Answered almost 2 years ago.

    1. David Vyborny
    2. David J. McCormick
    3. Scott J. Corwin
    4. David Mark Kupsky
    4 lawyer answers

    Try counseling, that may help with the nightmares and panic attacks. As far as suing the guy who became mangled and nearly died for mental anguish damages, contact a civil attorney that handles personal injury and accident cases. S/he can advise you on if you're likely to be awarded any money by a judge/jury under these facts.

    4 lawyers agreed with this answer

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

    Answered almost 2 years ago.

    1. David Vyborny
    2. Andrew Joseph Cornick
    2 lawyer answers

    An attorney would have to take a detailed look at the case to determine if any rights were violated or if there are any defenses. The best thing you can do at this point is to secure a criminal defense attorney, as these are serious charges.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. I received my first speeding ticket in Carrol County VA. I live in Canada. My concern is having a ticket on my driving record.

    Answered almost 2 years ago.

    1. David Vyborny
    2. Fitzgerald Lewis
    2 lawyer answers

    I'm not sure if you're asking if the ticket will post to your driving record in Canada, or what you should do about the ticket. Whether it will appear on your record in Canada will depend on what your province's DMV will do if the learn you got a ticket in the US. In the US, speeding convictions in another state may transfer to the home state under the Interstate Driver's License Compact. To my knowledge, this Compact does not include Canada. However it does not prevent the DMV in Virginia from...

    Selected as best answer

  9. How to try to get a traffic infraction ticket dismissed, talk to the DA or to the judge? How should I aproach either one?

    Answered over 1 year ago.

    1. David Vyborny
    2. James Donald Garrett
    3. Kevin Duane Frank
    3 lawyer answers

    It's not likely that the prosecutor will speak with you, so you would plead not guilty and have a trial. You should consider hiring a local attorney who knows the law, the court, and trial procedures to give yourself the best chance at having the case dismissed.

    3 lawyers agreed with this answer

  10. Right approach on an almost 2 decades bench warrant?

    Answered over 1 year ago.

    1. David Vyborny
    2. Brian Damas Thoman
    2 lawyer answers

    It will probably be difficult to prove the marijuana charge at this point (evidence is gone, witnesses no longer available, etc.). You probably also have a charge for failure to appear; again, this may be hard to prove. Contact an attorney to discuss the specifics of your case.

    3 lawyers agreed with this answer