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Mitchell Mead Wells

Mitchell Wells’s Answers

239 total


  • Can I get my public record expunged? I plead guilty to a felony schI/II drug offense under the first time offenders rule in VA.

    I was not convicted of anything, and my case was dismissed. Am I eligible for an expungement under the 19.2-392.2 VA. statue? I have not been in any trouble since. I have learned my lesson. I was only 19, and I got in some trouble hanging out with...

    Mitchell’s Answer

    NO.

    Charge dismissed under first offender statute not "otherwise dismissed" for purposes of this section. - This section applies to innocent persons, not to those who are guilty. Under § 18.2-251, probation and ultimate dismissal is conditioned on a plea of guilty or a finding of guilt. One who is "guilty" cannot occupy the status of "innocent" so as to qualify under the expungement statute as a person whose charge has been "otherwise dismissed." Gregg v. Commonwealth, 227 Va. 504, 316 S.E.2d 741 (1984).

    Because defendant's possession charge was not "otherwise dismissed" within the meaning of the expungement statute under subsection A, as the trial court had to find defendant guilty before disposing of her case pursuant to the first offender statute, § 18.2-251, defendant was not entitled to have the charge expunged from her record. Commonwealth v. Dotson, 276 Va. 278, 661 S.E.2d 473, 2008 Va. LEXIS 80 (2008).

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  • I got ticket for expire driving license,my court is on monday!

    i had problem with the univ about the medical test,i already did it backhome,my country is in war,we don't have president ,nothing work fine there(TUNISIA).my grade were in hold into i fix that.they didn't pass me to next level in the english prog...

    Mitchell’s Answer

    Driving without a valid Driver's License in Virginia per Va Code 46.2-300 is a misdemeanor. You should retain a local Richmond Traffic Attorney.

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  • Is a 251 disposition considered a conviction by the VA state dept of criminal justice?

    Can a first-time offender for possession of marijuana lose his license and job as a locksmith if not convicted?

    Mitchell’s Answer

    A guilty plea is NOT required to have a case later dismissed after the advisement period pursuant to 18.2-251 and it is NOT a conviction.

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  • How and when can you drop charges on someone you had arrested

    my boyfriend took my car but returned before arrest. how can i drop charges.

    Mitchell’s Answer

    The decision to prosecute or not is up to the Commonwealth's Attorney.

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  • My dad is in jail for his 2nd DUI and is sitting in jail with a deportation order. Is there anyway to get him out.

    He has a a record of domestic violence and DUI. His been in the US for 20 plus years and was a resident for a while but then lost his papers due to the charges. He is a good father who sadly made bad choices but he is trying hard to change his way...

    Mitchell’s Answer

    You need an attorney that specializes in Immigration law NOT criminal law or DUI law.

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  • Can I beat a reckless driving charge if the officer cited the wrong law section, and if so what would I say?

    I recently got a reckless speeding ticket, going 83 in a 65. After I got home I wanted to look up the charge and see what I was facing, but under Law Section the officer wrote 46-2-820, which is "Right-of-way at uncontrolled intersections, general...

    Mitchell’s Answer

    The prosecution will either be allowed to amend the allegation or drop the case and obtain a warrant/summons from the magistrate.

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  • I have two misdemeaner charges. Am I able to go on a cruise to the Bahamas?

    I have a recklace driving charge (11/2010) and a DUI charge (01/2011). I was placed on two years good behavior unsupervised probation for the recklace driving charge, and one year good behavior unsupervised probation for the DUI. On both charges...

    Mitchell’s Answer

    Yes, but make sure you maintain contact with VASAP.

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  • Can I handle this traffic case on my own or do I need an attorney?

    I received tickets for "no tail lights", "expired registration", and "false display of registration". First, the false display of registration charge is completely false. I did not have another vehicle's registration sticker on my car, it was a st...

    Mitchell’s Answer

    I have seen traffic defendants who represent themselves foul up even the easiest issue. Retain a local traffic attorney to represent you.

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  • What does appointed counsel do for you?

    Recently I took my ex to court on contempt of our custody order; there were 7 counts. She asked for appointed counsel. What will that do for her in our case? Most of the counts are for her not letting me see our child like the order states.

    Mitchell’s Answer

    • Selected as best answer

    Many Court Appointed Attorneys do a good job for their clients, but that is not always the case. The big problem is that selecting a criminal defense attorney is a personal decision and the appointment process takes that away from the criminal defendant client.

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  • Underage Possession of Alcohol - 18 years old - First Time Offense

    I was recently cited for Underage Possession of Alcohol. I have a court date in August. I blew a .07, and I was with a group with others who were charged as well. Everyone else in the group who was charged blew above a .1, except for me. Another g...

    Mitchell’s Answer

    Assuming the evidence is sufficient, the Court is NOT required to suspend driving privileges nor required to grant restricted driving privileges but both are often routine. You should retain local counsel to assist your case.

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