Mitchell Mead Wells’s Answers

Mitchell Mead Wells

Richmond Criminal Defense Attorney.

Contributor Level 12
  1. If a sentence is appealed, does the defendant still start his jail time?

    Answered about 4 years ago.

    1. Mitchell Mead Wells
    1 lawyer answer

    Assuming an appeal from General (or Juvenile & Domestic Relations) District Court to Circuit Court, then there is no jail time to serve because the entire conviction and sentence is set aside or vacated for a new trial in the Circuit Court.

    1 person marked this answer as helpful

  2. Charged with possesion of marijuana, no priors. What do I do?

    Answered over 4 years ago.

    1. Mitchell Mead Wells
    2. Brian Daniel Geno
    2 lawyer answers

    Do you want a dismissal or to just pay a fine? If dismissal, ask for a first offender disposition but this will require community service and clean drug tests. Your driver's license (if you have one) will be suspended for 6 months (even though you were not the driver)

    1 person marked this answer as helpful

  3. I have a legitimate question. I was in the military and we had to show the radar gun when asked for the speed of the gun.I was

    Answered over 4 years ago.

    1. Mitchell Mead Wells
    2. John Lawrence Buckley
    2 lawyer answers

    Agree with John. In Virginia, law enforcement not required to show readout on RADAR. In fact, in most cases, the police do not even "lock in" the speed. However, some agencies may have a policy regarding whether to show the readout. This issued is typically the same for VASCAR and LIDAR.

    1 person marked this answer as helpful

  4. Is there an incorrect way to write a violation code? (Is 462.862 the same as 46.2-862?) The wrong name was also listed.

    Answered over 4 years ago.

    1. Mitchell Mead Wells
    1 lawyer answer

    Virginia Code 46.2-862 is Reckless Driving-Speeding. 20 mph over the posted speed limit or any speed over 80 mph. Do not expect to prevail in court because the Virginia Uniform Summons lacks the dash and has the decimal in the incorrect location. Your licenese number and date of birth on the summons will be more than sufficient to post to your DMV driving record if convicted. It sounds like you have a defendable case. Recommend you seek local representation.

    1 person marked this answer as helpful

  5. Got ticket for expired license for VA Police Officer followed me to work parked car went to DMV and got new license.

    Answered over 4 years ago.

    1. Mitchell Mead Wells
    1 lawyer answer

    Jurisdictions vary. I have been able to have this type of offense dismissed many times under circumstances similar to yours. If you have a good driving record, then it should not be a problem to have it dismissed. If you go to court without a lawyer and get convicted, then file a notice of appeal, and take a lawyer with you to circuit court.

    1 person marked this answer as helpful

  6. My son just got picked up and ticketed for underage possession of alcohol - this is his first time. Should we get a lawyer?

    Answered over 4 years ago.

    1. Mitchell Mead Wells
    2. Alan James Brinkmeier
    2 lawyer answers

    Assuming the evidence is sufficient and also assuming that there are no defenses, probation will include a minimum of 50 hours of community service and possible loss of driving privilges for up to 12 months, in addition to random drug and alcohol screens. A skilled attorney may be able to minimize the probation requirement and save the driving privilege. Recommend you seek representation.

    1 person marked this answer as helpful

  7. What do you think the sentence will be

    Answered over 4 years ago.

    1. Mitchell Mead Wells
    2. Brian Daniel Geno
    2 lawyer answers

    Assuming no criminal record, the Virginia Sentencing Guidelines recommends a score of 34, which computes to an average sentence of 2 years and 10 months.

    1 person marked this answer as helpful

  8. My wife needs to make a plea on embezz charges--shes guilty, has cooperated and paid restitution--whats her -plea?

    Answered over 4 years ago.

    1. Mitchell Mead Wells
    1 lawyer answer

    In addition to what you have stated, other primary factors will be how much money was alleged to have been embezzled (felony or misdemeanor ($200)), and what was the relationship between your wife and the alleged victim. Mental health, etc will obviously be a sympathtic strategy as oppossed to the alleged crime being due to greed. The better play would have been to involve the Commonwealth's Attorney before fully cooperating with the police and making full restitution. Remember, the...

    1 person marked this answer as helpful

  9. Question About Becoming A Criminal Defense Attorney & Criminal Defense Attorney Salary.

    Answered over 4 years ago.

    1. Anthony A Arzili
    2. William Mark Weinberg
    3. Deirdre Lynn O'Connor
    4. Roland Xavier Tiemann
    5. Robert Lee Marshall
    6. ···
    11 lawyer answers

    I cannot answer your specific question; however, I may be able to assist you with a bit of perspective. In LA, entertainment law may be more lucrative than criminal defense, but you need to be practicing in an area that you enjoy. At this moment, your focus should be on getting the best GPA while in college and obtaining the highest LSAT score. Those are the two single most important factors for law school admission. As far as practice area, if you do not enjoy what you do, you will not be...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

  10. Speeding Ticket in Camden County, GA

    Answered over 4 years ago.

    1. Jennifer Ann Jacobs
    2. Catherine Ann Drees
    3. Mitchell Mead Wells
    3 lawyer answers

    I practice traffic law in Virginia, but am very familiar with the Florida driving record. Florida will post an out of state conviction and assess points. Recommend GA representation to mitigate and thus avoid points being reported back to FL.

    1 lawyer agreed with this answer

    2 people marked this answer as helpful