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Andrew Joseph Cornick
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Andrew Cornick’s Answers

78 total


  • Murdar fine or prizen

    i am bother by one family if i am do murder to stop crime how much fine or prizen life or death planty have

    Andrew’s Answer

    Don't do it. There is nothing in this world worth committing murder.

    Premeditated murder in Virginia carries a prison sentence of 20 to life in and of itself, unless it qualifies for capital murder, which is punishable only by death or by life in prison. These sentencing ranges do not also encompass the numerous other crimes that many people commit while they are committing murder.

    Whatever problem is going on in your life has a solution better than what you are thinking about doing. Find someone you can trust to talk to about what is happening. Do not throw your life away by taking someone else's.

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  • What happens if my Miranda rights aren't read to me?

    I was smoking marijuana and a cop sees and arrest me, she ask me to get out the car, takes me to the back of my car, puts me in handcuffs and walks me to put me in the back of hers after searching my person, while in the car she asks me a few ques...

    Andrew’s Answer

    In essence, Miranda rights must be read before the police may question you about a crime for which you are under arrest. It can get more complicated than that, but don't stress that right now. If there is a Miranda violation, i.e. if you are questioned while in custody without first being advised of your rights, then to fix the wrong the Court would refuse to consider the answers you gave to the questions and any evidence found as a result of those answers.

    I think most reasonable people would agree you were under arrest when you were handcuffed, searched, and put in the back of a police cruiser. If the questions were of a general nature required to fill out the summons ("is this still the correct address?" or "how tall are you?") then the Court will probably not care that your Miranda rights were not read. If the questions had to do with the weed, you might have some traction. You still would not be able to keep out the testimony about observing you smoke, smelling burnt marijuana, etc.

    You should talk to some lawyers in private. Give them all the details you can about the encounter and see who has the best plan.

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  • What's the possibility of me going to jail cause of this on my first offense and would you suggest me to get a lawyer.

    I'm 20 years old. I have a clean record, also have plus 3 point on my license. This is my first offense. I was pulled over because the officer said he got me going 77 in a 35 with his radar. Being completely honest I didn't know I was going that ...

    Andrew’s Answer

    You do not know which judge will hear your case. Many judges would absolutely impose active jail at 42 miles per hour over the speed limit. Find an attorney to help you craft a defense, or in the alternative an argument for avoiding jail.

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  • Jury decides sentence in misdemeanor cases?

    Misdemeanor DWI appeal to circuit court. If the case is heard by a jury and convicted, does the jury also impose the sentence, or is that up to the judge?

    Andrew’s Answer

    In Virginia, if a jury determines guilt then the jury also deliberates and recommends a sentence. The judge imposes the actual sentence and MAY reduce a jury's recommendation, but may not increase it. You should consult with some experienced attorneys in the Henrico area - in some cases juries are thought to be more lenient than judges at sentencing, but in others you can expect a harsher sentence if a jury convicts you. Getting a good prediction in your case will mean having some very specific conversations - in private - with your attorney about the facts. Good luck!

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  • Charged with a HIT-6604-F5 code 46.2-894 and DWI-5413-M1 code 18.2-266. First offense for both. What should I expect/advice

    20 Y/0. Active duty military. Hearing set for this Friday. Military legal won't represent me in criminal case.

    Andrew’s Answer

    I chime in only to tell you that the VCC code you've given us, HIT-6604-F5, indicates that you have been charged with a felony hit & run. That will almost certainly be a career killer in the armed forces if you are convicted. You need to consult with several defense attorneys in your area and hire the best one you can afford.

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  • Judge said law changed he cannot give restricted permit - how do I get one?

    Langley Air Force Base, Hampton VA. I was pulled over for supposedly running a stop sign. I did not run it. There were 4 police cars and 5 officers on the scene. They said they smelled alcohol and asked me to conduct a field sobriety test, during ...

    Andrew’s Answer

    The Attorney General recently issued guidance, which was adopted by the U.S. District Courts, that determined federal courts do not have the authority to issue restricted permits in Virginia. The General District Court in the county or city where you live can issue a restricted permit. My suspicion is that the magistrate judge who convicted you ordered "no driving in the United States for 12 months" but he or she may have put some exceptions on that prohibition (to and from probation, for example). You need to coordinate with your lawyer to determine how to word the restricted permit to comply with the federal court's order.

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  • What type of plea agreements are required in Virginia circuit courts?

    From what I've heard, written plea deals are required in circuit courts in Virginia. However, my friend, when he went to court was given a verbal plea agreement in the circuit court.

    Andrew’s Answer

    Rule 3A:8 of the Supreme Court of Virginia requires that plea agreements in felony cases be reduced to writing. Some circuit courts have unwritten and technically improper practices of handling felony plea agreements verbally, for a variety of reasons. There is no firm requirement for misdemeanor plea agreements to be in writing.

    Whatever happened to your friend will be put forth in a written order to be signed by the judge. (S)he should check it for accuracy as soon as possible and point out any errors to the attorney.

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  • I was arrested in VA but live and work in NY. Can a lawyer get me permission to leave the state and return for my court date?

    I was vacationing in VA. I admittedly had been drinking while in my hotel room before deciding to go down to load bags in my car in preparation for my return to NY the following day. I put keys in ignition and popped the trunk. I had gotten o...

    Andrew’s Answer

    You, or a lawyer working on your behalf, may petition the court to amend the terms of your bond and allow you to leave the Commonwealth. You will likely find it to be a much quicker process if you hire an attorney to handle it for you. If your bond is secured, you will also want to get the permission of your bondsman (if you have one) prior to leaving the state.

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  • Grand larceny charge

    My wife and I have been charged with grand larceny and conspiracy to commit grand larceny. What are the chances we could plea bargain to avoid jail time?

    Andrew’s Answer

    While there are certain situations where lawyers can very accurately predict an outcome (like what a particular court will do with a 87/70 speeding ticket), a two-count felony case like yours or your wife's requires a pretty in-depth discussion about the facts - IN PRIVATE - before any of us could give you an intelligent opinion.

    Generally speaking, you will want to be prepared to discuss what the police believe happened, what statements or physical evidence they have taken, who all they have and have not spoken to, what your prior criminal record is, and who else may be able to testify on your behalf. That would provide a very good starting point for discussions - NOT ON THE INTERNET - with a criminal defense attorney.

    Each of the charges you describe is a felony in Virginia, with a punishment range if convicted of a prison term between one and twenty years, or a jail sentence up to twelve months and/or a fine up to $2,500.00. You are right to be asking questions early on because jail time aside, a felony conviction can close many doors on you.

    Many of us offer free consultations. Come meet us.

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  • How much time could i be looking at?

    convicted felon with time over my head, still on probation, and am going to be arrested for destruction of property. what is the minimum and maximum possible sentence?

    Andrew’s Answer

    In Virginia, destruction of property is punished as a Class 1 Misdemeanor for damage less than $1,000, which is punishable by jail up to 12 months and/or a fine up to $2,500, and as a Class 6 felony for damage of $1,000 or more, which is punishable by a specific prison term between 1 and 5 years, OR jail up to 12 months and/or a fine up to $2,500.

    If you are still on probation or subject to an order of good behavior, then if you are arrested (but more likely if you are convicted) you can expect a show cause hearing on the suspended time presently over your head. If you are found in violation, the court can give you no additional punishment or can revoke up to the entire amount of time over your head.

    It sounds like you should hire a lawyer sooner rather than later. Many of us can arrange a surrender and in some cases get your bond situation sorted before you even have cuffs on.

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