Crystina Marie O'Brien’s Answers

Crystina Marie O'Brien

Hampton Criminal Defense Attorney.

Contributor Level 10
  1. I have been given a court letter for shoplifting purely based on probable cause. no other evidence. What should I do?

    Answered 3 months ago.

    1. Crystina Marie O'Brien
    2. Jay Scott Finnecy
    3. Ryan Mcdonagh Posey
    3 lawyer answers

    Unfortunately, you are going to have to go to court on the date issued on the "summons." The paper is not a "letter." The summons is a requirement that you show up for court - you are being summoned to court. . The first appearance is an arraignment. It is at this hearing they will ask you if you want an attorney. If you have money, hire an attorney right away. If not, the court should appoint one to you - but they will question you about your finances to see if you qualify for court...

    6 lawyers agreed with this answer

  2. 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 over 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

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

    Answered 11 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

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

    Answered 11 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

  5. Do I qualify for Pardon if case was dismissed due to a deferred disposition?

    Answered 2 months ago.

    1. Crystina Marie O'Brien
    2. Matt Clay Pinsker
    3. Bradley R. Thompson
    4. Jennifer J Wirsching
    4 lawyer answers

    A pardon and an expungement are two separate matters. In most cases, you can not get a deferred disposition expunged ( there is some case law out there concerning cases where the judge did not make a finding about the sufficiency of the evidence, but an attorney would need to look at your case and see if you fall into the exception). A pardon is granted by the governor. It does not expunge anything. Also, you do not need to be pardoned for a dismissed charge (if the result was dismissal)....

    4 lawyers agreed with this answer

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

    Answered 11 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

  7. How to dismiss old convictions nolle prosse for violation of protective order virginia_code_18-2-60-4?

    Answered 3 months ago.

    1. Crystina Marie O'Brien
    2. Jeremy Stephen Letnick
    3. Aggie Rachel Hoffman
    3 lawyer answers

    A conviction and a nolle prosses are two separate things. You first need to get a certified copy of what really happened from the court. I think you are saying that you have a stalking charge that was nolle prosses but two violations of a protective order convictions. You need to be sure. As the other attorney advised, you need to speak to an immigration attorney, if you do not already have one. In situations like this, you cannot afford not to do this the correct way the first time...

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

    Answered over 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-...

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  9. I was discharged from the Navy August 1st, 1997 with an OTH, how likely, how long and where do I start in getting that changed?

    Answered 2 months ago.

    1. Crystina Marie O'Brien
    2. William Emil Cassara
    3. Drew Norman Early
    4. Michael J Berens
    4 lawyer answers

    There are never any guarantees, but if you would like to start there are many here who would be happy to help you. The first step us applying to upgrade the discharge. Many of us who list ourselves as military attorneys can assist you with this application. Also, moats of us provide free consultations. So, it is best to call us and schedule a time to talk.

    5 lawyers agreed with this answer

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

    Answered over 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)

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757-915-6986