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Mitchell Mead Wells

Mitchell Wells’s Answers

239 total


  • How is time served computed when you are subsequently placed on house arrest?

    I was sentenced to 90 days on house arrest. On the day I was to begin I tested positive on my preliminary urine screen. I spent 23 days in jail. Are those 23 days considered as part of the 90 days, deducted from the 90 days or considered a day ...

    Mitchell’s Answer

    Refer to http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+53.1-131.2 AND http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+53.1-116

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  • My friend received a 10 day jail sentence in Chesterfield County, Va for Contempt of Court. Will he do the whole ten days?

    O

    Mitchell’s Answer

    Your friend should only need to serve 5 days based on how the Sheriff calculates Misdemeanor jail sentences (not including mandatory minimum sentences). 1 day served = 2 days credit. Chesterfield also has a Sheriff weekend clean up program, but Judge has to order eligible for such and then the inmate would need to meet the Sheriff's requirements.

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  • What is going to happen?

    I was caught shoplifting ( unintentionally) the total was about $60. What will happen? I am a first time offender with a clean record.

    Mitchell’s Answer

    You need a Chesterfield Criminal Defense Attorney. I can help.

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  • Paid court fines long after they were due; meanwhile capias went out. what are the options to have it lifted. live out of state

    started the payment plan. went through financial hardship so payments stopped. eventually paid balances in full. lawyer for the case is no longer practicing law and I have no current contact info for her. can't afford a lawyer. single parent now l...

    Mitchell’s Answer

    You have 2 options: 1) turn yourself in to have capias removed OR 2) if enough time passes, law enforcement will remove the capias from the law enforcement database (NCIC/VCIN)

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  • How long does it take for a virginia speeding ticket to appear online?

    I was pulled over in Fauquier county, VA for speeding. 18 over. I need to get an attorney and already have one picked out but before I hire them I am waiting for the ticket to appear in the online database where I would have the option to pay it. ...

    Mitchell’s Answer

    Clerk may not yet possess the Court copy. Call your lawyer NOW before you blow any possible defenses.

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  • I have a Class B cdl and was pulled for not wearing a seat belt. I thought this was a secondary law. Can I win this?

    I have a cdl so don't know if laws are different and if this is a moving violation since I have a cdl. Also what is maximum fine?

    Mitchell’s Answer

    Sounds like you were stopped by the New Kent Sheriff while operating a commercial motor vehcile and the allegation is under the CFR(code of federal). This is a federal law not a state law and the offense is a primary offense.

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  • According to the phyical control law on a dui, how far from the road do they consider the "highway"?

    I was charged with a dui after I registered a .10 on the test. Police arrived around 930 as I was sitting on my motorcycle while it was being towed out of an embankment. Engine was inoperable of starting but the keys were in the ignition to unlock...

    Mitchell’s Answer

    If you admitted to the officer that you were "operating" the motorcyle when the accident happened, and the prosecution can establish that you were arrested within 3 hours of the accident then you have a problem. Not sure it is possible to have a BAC of 0.10 after just "two" drinks; however, it would be possible to have a BAC of approximately 0.10 if the drinks that you consumed in one hour were "doubles" and you weigh approximately 130 lbs. Nevertheless, you may still have an after consumed alcohol defense. Contact a local DUI lawyer.

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  • Do I need a lawyer to appear with me in court for this citation?

    Offense: Registration Revoked and Uninsured. Issued on: 03/31/2012 Court Date: 05/09/2012 Currently: Vehicle Registration has been Reinstated on 04/02/2012, by the DMV and Insurance coverage is up to date as of 04/02/2012 These are cri...

    Mitchell’s Answer

    It is always smart to take a lawyer with you to Court. Contact a local attorney. Most will offer a free consultation.

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  • I pled guilty to a misdemeanor in VA for embezzlement can this be expunged

    I pled guilty to a misdemeanor in VA for embezzlement can this be expunged

    Mitchell’s Answer

    No. Good luck with petitioning the governor's office.

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  • My court date is April 27th and it sneaked up on me. I intend to hire a lawyer for the speeding charge but have not done so yet.

    Is there any type of late continuance grace available

    Mitchell’s Answer

    Ask the Court for a continuance. Some clerks will continue with a phone call or by faxing a letter.

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