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Robert Canard’s Answers

24 total

  • Speeding 74-60

    Robert’s Answer

    I’m guessing your ticket is actually in Pulaski, as enforcement of that workzone typically takes place on the Pulaski, rather than Radford, side of the bridge. In either case, it is the same judge who sits in both Pulaski and Radford. The Judge is generally less lenient on speeding offenses in that work zone even though it is not properly marked (or at least it wasn’t, they may have fixed it now), so it can be tougher to get them dismissed, even with a spotless record. Nevertheless, provided you were polite and cooperative with the officer, at a minimum an attorney would be able to assist you in getting the speeding charge reduced.

  • Can I plea no gulty on a citation for drug possesion at college?

    Robert’s Answer

    Based on the facts you have presented here, it sounds like you may have an excellent defense to this charge. I would suggest you find a local attorney with whom you feel comfortable to prepare your defense.

  • Should I bring an attorney to my arraignment?

    Robert’s Answer

    If you don't have money to hire an attorney, taking one with you to court isn't really an option -- most criminal defense attorneys are going to require payment up front. With that said, as the others indicated, at your arraignment you'll be advised of the charge against you and the range of possible punishment, and given the opportunity to have an attorney appointed to you (if you're found to qualify, which the court will determine).

    As I'm sure you know, Grand Larceny is a serious offense, with a maximum punishment in Virginia of twenty years. Even so, if you have no prior record, your sentencing guidelines are likely to recommend probation only with no incarceration, so that is likely your worst case scenario. A good defense attorney should be able to negotiate, at a minimum, a reduction to a misdemeanor on a first offense.

    But all this puts the cart before the horse. We don't know the facts, and aren't in a position to provide legal advice. It's important to obtain an attorney (either appointed or retained) and discuss the case thoroughly to weigh your options (trial vs. plea).

  • Will I get a mandatory jail sentence for a class 5 felony, 18.2-83 charge?

    Robert’s Answer

    There is no mandatory jail sentence on the offense that you've been charged with, and given your situation, I find it hard to believe you would end up spending any time in jail. The better question is how much better of a deal a good defense attorney can get you than ending up with a felony, or whether it is even appropriate to accept a deal (depending on the facts of the case). I would advise that you talk to a good defense attorney as soon as possible.

  • I recieved a summon in Virginia for reckless driving 98mph in a 70mph zone. His it possible to have this charge dismissed?

    Robert’s Answer

    I have handled several reckless driving charges in Bland in the neighborhood of 98 mph, and have successfully had some of them reduced based on several factors that worked in my clients favor. Every case is unique, but It is worth speaking to an attorney who practices there to see if such a reduction might be possible in your case.

  • Do I have tenant rights in a motel if I have lived on the property for 6 months but in 2 different units.

    Robert’s Answer

    If you have a look at §§55-225.8(A)(3) & 55-225.8(D), you'll see that you have tenants rights if you've resided there for more than 90 days.

  • What can I do my landlord claims he has not received a rental payment that my bank sent him?

    Robert’s Answer

    This will obviously won't be an issue unless and until your landlord takes action to try to evict you. If that happens, your best course of action would be to speak with an attorney. In the meantime, the best thing you can do is make sure you keep records of any conversations you have with your landlord and hold on to proof that you attempted to pay your rent, and that it was in fact debited from your account.

  • How long can my husband get for a pb15 for failed drug tests

    Robert’s Answer

    The outcome of this case is dependent on a lot of factors that you haven't talked about here, for example: how much time was suspended, any past probation violations, how long your husband has been on probation, and things of that nature. Without knowing those things, and being familiar with the Court and Judge in his particular case, it is difficult to address your question.

  • Can I legally make my sister pay for the damage she caused

    Robert’s Answer

    There is no legal prohibition on suing a family member, although I don't know that the fact that she gave you one days' notice of her leaving has any relevance here, because you stated that she wasn't obligated to pay any rent. The law imposes both civil and criminal responsibilities not to willfully damage another's property -- if you're interested in pursuing a legal remedy, I'd suggest contacting a competent attorney in your area.

  • How do i remove my wife's name for the deed title of my home.

    Robert’s Answer

    This should be a relatively simple thing to accomplish given the lack of mortgage on the home, provided your wife is amenable to the change. All that would be required is a simple deed of gift giving over her ownership portion of the property to you.