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James Stanton Abrenio
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James Abrenio’s Answers

243 total


  • I received probation and time on the Sheriff's Weekend Workforce for nonviolent offenders, will I be drug tested?

    Chesterfield County, Virginia. I go in for the initial interview next week I haven't been given any paperwork detailing my probation, the judge said something about it in court when he was giving the sentence but I have nothing to show for it

    James’s Answer

    I agree. This is not joke. Don't mess around or you're going to throw away an opportunity that most don't have.

    James Abrenio

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  • Do I have a malpractice suit?

    I was misdiagnosed for approx. 7 yrs. by several psychiatrists, got on social security disability, for several medical reasons, then found out that I had been totally misdiagnosed, including ECT treatments, meds, etc..., which thankfully, I am com...

    James’s Answer

    I agree with Adam. You need to speak to a malpractice attorney. The details you provide are pretty vague. And medical malpractice cases are very complex and expensive.

    Best of luck,

    James S. Abrenio

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  • If I'm on probation in one county and I get charged in another, how long am I going to jail?

    I am on the first offenders probation in prince William county and just got a charge in Loudon County. When I go to court for this new charge is my probation in Manassas going to put me in jail for a long time?

    James’s Answer

    That's a very complex question that depends on a lot of things to include what your underlying charge is in PWC, what your new charge is in Loudoun, whether you're actually going to be convicted in Loudoun, your criminal record, your history of probation, your judge, etc.

    Your best bet is to call up a local attorney in Loudoun/PWC and sit down to discuss. In reality, with many probation violations, it's hard to predict. Some are straight forward, but sometimes judges can surprise people.

    Make the calls now. You can also get some advice on steps you should be taking now in order to give you the best chance at a probation violation hearing.

    Best of luck,

    James S. Abrenio

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  • Is it possible for a defendant to plead guilty and be found not guilty? Also, Is it possible to plead nolo or guilty and then

    enter into a deferred disposition where you are later found not guilty? How that works?

    James’s Answer

    From your question, it sounds like you're asking about deferred findings. When it comes to some charges, such as a first time domestic violence charge, you can seek a deferred finding. There, typically, you would plead, and the court would find facts sufficient of your guilt, However, instead of convicting you, it would defer the case out for a period of time in order for you to comply with it's orders. If you did so, at the end of that time, it would dismiss the charge against you. Therefore, you wouldn't have a conviction.

    When it comes to deferred findings, in many instances your initial plea can be nolo contendere and you can still obtain the deferred finding. But that really depends on the jurisdiction, your charge, and the prosecutor involved. In many of my cases, the initial plea wasn't an issue, so I'd have them plead nolo contendere. However, in other cases, my client was compelled to plead guilty for there to be an agreed deferred finding.

    I hope this helps,

    James S. Abrenio

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  • What are my rights

    when I got pregnant. My father signed for me to get married and then left and I was on my own. My family moved to virginia and I am 17 and my husband is 18 and we are currently separated and we were living with my aunt. He left and I don't wish to...

    James’s Answer

    This isn't a criminal law question. You should call a family law attorney, I think.

    Best of luck,

    James

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  • Juvenile and domestic relation issue with child removal in Chesterfield, VA

    How can a child be removed from the parents and placed with a neighbor that is not related and is not a licensed foster home, not being monitored by a child welfare agency only a guardian ad litem?

    James’s Answer

    There's not enough information here to provide an answer. You should call a local criminal law (and likely family law) attorney to talk about it specifically.

    James

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  • I am a falsley accused sex offender in Virginia and am only 22 and plan on moving to florida when i get out in December Process?

    First charge ever at the age of 19, Was compliant in pretrial, bonded out again for appeal,was compliant with probation, am on work release and am no threat to society. I have aN address to move to. Played sports in high school will Have fines pa...

    James’s Answer

    And I imagine you're still under court supervision here. If so, you'll also need to check locally to make sure they are aware.

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  • "Where a state statute is missing an element or has not been criminalized as a specified crime, such as "for hire" in Va.,...

    Where a state statute is missing an element or has not been criminalized as a specified crime, such as "for hire" in Va., may a conviction under that statute be subjected to a modified categorical approach, to determine whether the constitutionali...

    James’s Answer

    If you asking this for your own case (or for a family member), you need to sit down with an attorney. Statutory interpretation is complex and can take hours of research. The answer can also be unclear even after that research.

    Best of luck,

    James Abrenio

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  • Do insults and false accusations constitute slander, if said to a child?

    my ex husband's girlfriend has repeatedly insulted me to my daughter and told my daughter lies about me. Is it appropriate for me to send a cease and desist letter on the basis of slander?

    James’s Answer

    This sounds more of a family law issue. I think you'd be better served calling a family law attorney and get their thoughts.

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  • Not showing up to an appeal

    Say a person appeals a speeding ticket from district court (just speeding, no reckless anything...or any other charge) and doesn't show up to circuit court because he/she forgot. Will they issue a warrant for failure to show up or just hit him/he...

    James’s Answer

    • Selected as best answer

    If it's a minor infraction, like a speeding ticket, they'll likely just convict in your absence. Just call the court clerk and as what the result was.

    Best of luck,

    James

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