Mitchell Mead Wells’s Answers

Mitchell Mead Wells

Richmond Criminal Defense Attorney.

Contributor Level 12
  1. If my case was taken under advisement for a period of 90 days then dissmissed can it be expunged 2 years layter?

    Answered almost 3 years ago.

    1. Nicole Holls Naum
    2. Brandon C. Waltrip
    3. Mitchell Mead Wells
    3 lawyer answers

    The key is did the Judge "make a finding that the evidence was sufficient for guilt." If so, then you cannot expunge the arrest from the record. The expungement statute is intended for the truly innocent and if the Judge made a "finding that the evidence was sufficient" to find you guilty, even though s/he later dismissed on other grounds, then you are not entitled to expungement under Virginia law.

  2. Virginia: Defective Equipment Summon, California License

    Answered almost 3 years ago.

    1. Mitchell Mead Wells
    1 lawyer answer

    1. Yes. 2. If convicted, then Yes. 3. Probably not, but you should consult with an immigration attorney to be certain.

  3. Is it legal to get a ticket for speeding at the bottom of a hill?

    Answered almost 3 years ago.

    1. Mitchell Mead Wells
    2. Sammid J Mansoor
    3. Andrew Stephen Roberts
    3 lawyer answers

    Yes, it is legal to get a ticket for speeding at the bottom of a hill.

  4. How would one get charges dropped due to lack of evidence, do you need an attorney?

    Answered over 3 years ago.

    1. Mitchell Mead Wells
    2. Marcus L Landsberg IV
    2 lawyer answers

    Retain an experienced criminal defense attorney.

  5. Police officer dies after writing a ticket but before court appearance - ticket dismissed?

    Answered over 3 years ago.

    1. Timothy Kevin Wilson
    2. Mitchell Mead Wells
    2 lawyer answers

    Yes.

  6. If I have a restricted license for speeding in Va, can i move to a different county in Va and still drive with restrictions?

    Answered over 3 years ago.

    1. Mitchell Mead Wells
    2. Timothy Kevin Wilson
    2 lawyer answers

    Your restricted privileges are not restricted or confined to driving in a single county or city. Amending or modifying your restricted privileges with the Court that granted you restricted privileges is the only court you need to deal with and then notify the DMV of the change.

  7. Can an off duty officer give you a speeding ticket?

    Answered over 3 years ago.

    1. Mitchell Mead Wells
    2. Kevin Don Tarvin
    2 lawyer answers

    If the speed was calculated by LASER, RADAR or VASCAR, then my answer would be "NO" because Va Code 46.2-882 says in part that: "The driver of any such motor vehicle may be arrested without a warrant under this section if the arresting officer is in uniform and displays his badge of authority and if the officer has observed the registration of the speed of such motor vehicle by the laser speed determination device, radar, or microcomputer device as described in this section, or has received a...

  8. What is reckless driving? Does small voilations are also considered as reckless? I just want to know if i was reckless or not?

    Answered over 3 years ago.

    1. Lloyd Wayne Patterson
    2. Mitchell Mead Wells
    2 lawyer answers

    There are more than 10 specific Virginia code sections that criminalize Reckless Driving. In your case, you have not made clear what specific Reckless Driving allegation is being made; Reckless Driving-General 46.2-852, Reckless Driving-Passing 46.2-854 or -856, or Reckless Driving-Speeding 46.2-862. You should retain a local traffic attorney.

  9. Taffic ticket and appearing in court

    Answered over 3 years ago.

    1. Mitchell Mead Wells
    2. Lloyd Wayne Patterson
    2 lawyer answers

    You should still be able to pre-pay before your "new" trial date

  10. 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.

    Answered over 3 years ago.

    1. Mitchell Mead Wells
    1 lawyer 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....