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James Stanton Abrenio
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James Abrenio’s Answers

243 total


  • Will a second deferred charge hurt my first charge?

    Back in July 2014 i received a deferred charge from the state of Virginia for Marijuana Possession (its called VA 251). I've completed all the necessary components of my probation on time but afterwards in August I received a charge of Underage Po...

    James’s Answer

    I agree. The purpose of giving you a deferred disposition is to say "hey, we understand this isn't a murder case, and we'll cut you a break. But you need to earn it." By picking up a new charge, they may find that you failed to earn the deferred dismissal. You need to speak to a defense attorney soon so that they can help you craft a good defense.

    Best of luck,

    James S. Abrenio

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  • Can a noll prossed charge be picked back up by the plaintiff for any reason once they drop the charge

    my husband was charged with unauthorized use of a car and the charge was noll prossed due to the plaintiff dropping the charge in court . Can the plaintiff change her mind , say she gets mad and wants to press charges , and bring it back to court ?

    James’s Answer

    I don't practice in Roanoke, but in my experience in Northern Virginia, prosecutors know when they are being used. For felony charges to have been dropped (generally) the "victim" would have likely OK'd it. For her to reverse positions, I would think practically speaking she would have to have a good explanation for the prosecutor. I think it would be a hard sell for them to reissue the charge just because the victim got mad. That's not to say that it's impossible. But youall should stay clear of her so as to avoid the drama.

    Best of luck,

    James Abrenio

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  • Minor car accident, no damage, both agreed to leave with no exchange of information.

    Earlier this morning I was backing out of a parking space and bumped into another car that was passing by which I didn't see. Thankfully I bumped into her front tire at a very slow speed and sustained no damage to either vehicle. We both agreed th...

    James’s Answer

    When it comes to hit and run pertaining to attended cars, Virginia Code § 46.2-894 is what you're going to look at. It essentially says when someone is hurt you must report it. Since doesnt sound like anyone was hurt (after you did your due diligence, but stopping, and talking to the other driver), you should be ok.

    Of course, if law enforcement contact you about a criminal investigation, make sure to talk to an attorney before doing anything.

    But, at least from the criminal side, I think you did what the criminal code would want you to do. Check to see if the other person was alright, and check to see if they wanted to get the police involved.

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  • I was drunk looking for my phone keys and wallet I thought it was my friends car but it wasn't police are saying I was trying t

    Nine

    James’s Answer

    You didn't complete your question. But I'm assuming it was going to finish with they police thought you were trying to steal a car. To be convicted of a criminal offense, you must have had criminal intent. Since you lacked any intent, in theory, this should be a simple defense. However, establishing a lack of intent is not guaranteed, and our system isn't perfect. Speak with a good attorney soon. Best of luck,

    James S. Abrenio

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  • How do i know if insurance company is low balling me?

    Had a fall in apartment complex parking lot because of ice. The complex claimed its at fault. I broke my right humerus (upper arm) . Had to have a rod ,plate, and screws put in my body. Could not find work because of this.

    James’s Answer

    I agree. Slip and fall cases can be pretty complex. There are a lot of defenses insurance companies can use to try to get out of it. So the facts of how you feel is important.

    When it comes to value of claims, that's also a pretty complex question. To be honest, at least in most of the cases I deal with, once fractures and surgeries are involved, I tend to think an attorney should be involved. it's a complicated and important financial decision, and insurance companies have too much bargaining power of the unrepresented client.

    Best of luck,

    James S. abrenio

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  • My boyfriend was arrested on a felony probation violation. How long can they hold him before he is charged?

    He's been in jail for two weeks and hasn't been told what he is being charged with or why he was violated. How long can he sit there with no bond, no arraignment and no charge?

    James’s Answer

    I agree. Something is missing from the story. Call his prior attorney and get him to look into it.

    Best of luck,

    James

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  • What specialization attorney should I seek to contest an $800.00 fine for 3 $1.25 VA Express lane toll violations?

    The tolls were not paid because I was using my EZPASS and thought I had paid them. When the bills came I thought there must have been a mistake. I was unable to get through to a person or the EXPASS website because I no longer remember my password...

    James’s Answer

    I agree. This is becoming a pretty common occurrence. I've heard of finds reaching the thousands of dollars. There are many attorneys locally defending the case. You can find them through this website.

    Best of luck,

    James S. Abrenio

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  • Would I have a valid case against the driver?

    I was in a single vehicle accident of reckless driving on May 10th of this year. I have made daily life sacrifices such as inability to continue school sports or work and had been unable to be medically checked due to the inability to gain insuran...

    James’s Answer

    This is not a criminal question, it's a personal injury question.

    To clarify, where you a passenger in the kid's vehicle and wrecked? If so, he's required to give you his insurance information. If not, tell him you will report him to the police, because that's required by law. Also, do you not have health insurance? Because if you do, you should use it to get treatment. If not, you should seek out a free clinic.

    Keep in mind, if you want to make a claim for personal injury, you need to be able to verify your injuries through doctor treatment (otherwise, the value of your claim will be minimal). Since it's been almost a month, there's already going to be some serious questioning of your injuries, as the insurance company will claim you waited so long that clearly you couldn't have been injured.

    That said, you should pursue the claim because frankly you don't have much to lose. If this kid injured you due to his driving and then won't even give you his insurance information, it doesn't sound like he's much of a friend.

    Best of luck,

    James S. Abrenio

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  • Towed by the City?

    Hello, I parked my car in a (4 hour parking between 8am and 5pm) street spot at 7pm. At 11pm when im walking the dog my car is gone and there is road work being done. I call city parking and they say my car was towed for a "parking violation."...

    James’s Answer

    This isn't really a criminal defense question. But frankly sounds like you're going to end up wasting more than $117 of your time to try to get this remedied. If it were me, I'd pay it and be done. I've had my car towed illegally before. After calming down, I realized it would only make me even angrier to go after them. That's not a legal opinion. That's my practical thoughts.

    Best of luck,

    James

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  • I would like to know if the final disposition of a case is supposed to have 1 page or 2 pages.

    I have a disposition with only one page and am not sure if my lawyer tricked me. It does not have the check box of facts sufficient. It only has the plea, my info, and that I paid a fine. Is it supposed to have the box of facts sufficient? I wante...

    James’s Answer

    I agree. If you have questions, call your attorney and ask him to clarify it to you.

    James Abrenio

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