Crystina Marie O'Brien’s Answers

Crystina Marie O'Brien

Hampton Criminal Defense Attorney.

Contributor Level 9
  1. I failed a urinalysis a month ago due to second hand smoke. I known its cliche but I'm being honest. What are my options?

    Answered almost 2 years ago.

    1. Stephen P. Kelly
    2. Rixon Charles Rafter III
    3. James B. Hernan
    4. Evan A. Watson
    5. William Emil Cassara
    6. ···
    8 lawyer answers

    The attorney above is correct, do not discuss the case with anyone but your attorney. I know it may be too late for that advice. Also, don't give up. While the advise above is correct, a colleague of mine just won a court-martial for a drug positive. So, make sure you consult either the JAG who is appointed to you or a private attorney.

    7 lawyers agreed with this answer

  2. I believe I was wrongfully stopped and issued a traffic summons. Can I get some advice?

    Answered 7 months ago.

    1. Crystina Marie O'Brien
    2. Thaddeus Furlong
    3. Scott David Levy
    3 lawyer answers

    OK, while there are some "secondary offenses" in the Virginia Traffic Code, I do not think this infraction is one of them. This is why - when I looked your County Ordinances up on-line, I did not see the ordinance use the language required to be considered a "secondary offense." For example, failure to turn your headlights on in the fog is a secondary offense in Virginia. I know this because there is language in the code section (46.2-1030) which clearly states: "no citation for a violation...

    5 lawyers agreed with this answer

  3. What are my options for possession of alcohol underage if it's my first offense?

    Answered 7 months ago.

    1. Crystina Marie O'Brien
    2. Thaddeus Furlong
    3. Brenton Daniel Vincenzes
    3 lawyer answers

    I know you will be served well by hiring an attorney for this case. First, you asked what the penalty is for underage possession of alchohol: The code section is VA Code 4.1-305. It is a 1st degree misdemeanor and therefore is punishable by 12 months in jail; a fine of not less than $500.00; 50 hours of community service; a suspension of your license for 6 months or up to a year. However, you might be elligible for a deferred disposition if this is your first offense and the court would not...

    5 lawyers agreed with this answer

  4. Can i get in the US without being arrested?

    Answered 7 months ago.

    1. Crystina Marie O'Brien
    2. Thaddeus Furlong
    3. Timothy J Broking
    4. Scott David Levy
    4 lawyer answers

    You should contact an attorney in the jurisdiction where you were arrested. Usually, drunk in public is just a fine and they sometimes sentence you in your absence without issuing "process." I don't know it this is your charge. However, with very little effort an attorney could check on your case and might even be able to resolve this whole thing. While you may be able to enter the country because what you have said indicates a very minor matter - why risk it. Hire someone to take care of...

    4 lawyers agreed with this answer

  5. Casting Troops Aside: The United States Military's Illegal Personality Disorder Discharge Problem

    Answered about 2 years ago.

    1. Crystina Marie O'Brien
    2. Ernesto Carlos Gapasin Jr.
    2 lawyer answers

    I think this is potentially very helpful information for you if you have been intending to do something about the type, code, or characterization of your discharge. If you received an uncharacterized discharge - you might be able to upgrade to an honorable, etc., etc. Also, there may have been VA benefits you were not entitled to and you might now be able to approach that avenue. The best thing is to see a lawyer who specializes in Military Law - and make sure that they don't only do courts-...

    Selected as best answer

  6. Do you have to show your I.D. to police if you have done nothing wrong or just walking the streets.

    Answered about 2 years ago.

    1. Crystina Marie O'Brien
    2. Rixon Charles Rafter III
    3. Mitchell Scott Sexner
    3 lawyer answers

    There is no statute in Virginia that requires you to carry an ID with you at all times. You only need your license when driving. However, as the other attorney said, not having one on you could cause you to be taken to the station and be processed for what otherwise could be a minor violation. Now, laughing at a State Trooper to their face, that one is a class O misdemeanor! (just kidding)

    Selected as best answer

  7. If lawyer does not contact you back does that mean they do not want to take your case?

    Answered 7 months ago.

    1. Mary Daggett Brown
    2. Crystina Marie O'Brien
    3. Michael Charles Doland
    3 lawyer answers

    Well, even if they want your case you should be interviewing other lawyers. You are in a good location and there are many talented attorneys who are willing to travel to Colonial Heights. You should expand your search to the surrounding towns and look at attorney reviews and client comments. Also, the Virginia Bar Referral Program requires that their attorneys respond to you within 48 hours - but you have to pay $30.00 for that consultation (which is a small price to pay for a good...

    3 lawyers agreed with this answer

  8. Can a female use deadly force to prevent sexual assult/rape in Virginia? If so, is the right exclusive to females or can a male

    Answered about 1 year ago.

    1. Crystina Marie O'Brien
    2. Tiffany Noel Edmonds Sullivan
    3. Kenneth William Jacobson
    3 lawyer answers

    1. The answer will be no different for a male or for a female. 2. Self Defense is an affirmative defense in Virginia. This means that, ulike the normal rules concerning proof, the person using the force and claiming self defense must prove it was self defense. 3. The types of situations for which self-defense is an affirmative defense vary. However, a good rule of thumb is the "defendant (person using self-defense) must reasonably fear death or serious bodily harm. Also, the incident (...

    3 lawyers agreed with this answer

  9. What will happen to me if I get a violation read on my interlock device? I didn't even have alcohol, I had mouthwash.

    Answered over 1 year ago.

    1. Crystina Marie O'Brien
    2. Jeffrey Cantwell Martin
    2 lawyer answers

    The interlock agency reports the violation to your VASAP counselor and the decision about what to do on this is made by them. You might be asked to do more VASAP classes, come in for a meeting, or go to some AA meetings. You could be violated, but if this is truly your first time then you might be given a break. It is solely the discretion of the VASAP counselor and their supervisor. However, you should know that they will testify at court (if they are asked) that they tell the clients that...

    3 lawyers agreed with this answer

  10. I was caught shoplifting, will this be on my juvenile record?

    Answered about 2 years ago.

    1. Crystina Marie O'Brien
    2. Mark Westerfield
    2 lawyer answers

    If you were not given a summons then you were not charged (yet). The ban from Lord and Taylor means that if you go in there, you could possibly be charged with criminal tresspass. I think that this is just a "wake up call." You will not have a juvenile record from this (yet) and you have nothing to expunge. Had the police been called and they had come to the scene, you might have something to expunge. However, the facts you gave do not indicate this. My answer is qualified - because you...

    3 lawyers agreed with this answer

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