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Andrew Joseph Cornick
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Andrew Cornick’s Answers

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  • I am currently suspended from my job pending an investigation. What charges am i possibly facing? FT student. clean record!

    They have also suspended my brother and his girlfriend. A while back a few of my co-workers and I started to use rewards points(not credit card) on old accounts to buy things for our own use. We would place the order online using the points and a ...

    Andrew’s Answer

    In addition to embezzlement, and depending on a whole bunch of specific information about the transactions that you should not discuss here or anywhere in public, you may face additional charges of forgery, uttering, ID theft, and obtaining property by false pretenses.

    You should find an attorney immediately. You should also refuse to give any statement to the police or anyone else unless and until you have an attorney who has advised you to do so.

    Many criminal defense attorneys give free consultations like I do. Find and hire the best one you can afford.

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  • Can I Back Out of Disposition 251 and Plea Guilty?

    I was charged with Possession Of Marijuana (Misdemeanor) and this was my first offense. I entered a guilty plea in exchange for the Disposition 251. I have already been on probation for a month and passed my first drug test and everything. However...

    Andrew’s Answer

    The short answer is that some judges will allow you to simply accept a conviction at this point. But don't do anything too quickly.

    What you should do is consult with a couple attorneys in your area. It sounds like you may have gone through General District Court without an attorney, so there may have been some legal reasons why you shouldn't have pleaded guilty in the first place. If that is the case, the attorney can help navigate getting the case concluded in General District Court and appealed to Circuit Court for a new trial.

    In the same conversations, you should discuss some of the differences between a 251 disposition and a conviction. You may think there is no difference now, but depending on what you want to do with your life the 251 disposition may be a much better way to proceed.

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  • In all honestly how likely is an appeal for a misdemeanor for a petit larceny conviction sucessful?

    This was my first time offence and I have to make the decision wether or not to appeal my case. Is it TRULY worth paying more money for council or should I just pay my fine and go on with my life the best I can? I just don't want to end up loosing...

    Andrew’s Answer

    You should seek out and meet with several defense attorneys in your area. Many of us do not charge a consultation fee, so it should not cost you anything to find out what an attorney may be able to do for you on appeal to circuit court.

    Petit larceny is considered a "crime of moral turpitude," and can disqualify you for some jobs. If you can avoid the conviction, you should.

    Also be aware that up until the day before your trial in circuit court, you may withdraw your appeal and accept the judgment from general district court. Many judges will let you do this on the day of trial in circuit, but they are not required to do so. This is one more thing to discuss with the attorneys in your area.

    It sounds like you have time to make a decision. Meet some lawyers and find out what can be done. Good luck.

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  • WHAT IS THE PUNISHMENT GUIDLINES FOR A CLASS U FELONY, VA CODE 18.2-103, SHOPLIFTING: CONCEAL GOODS VALUED AT $200 OR MORE.

    OPENED A GPS AND HID IT IN A GRILL THAT WAS BEING PURCHASED. CAUGHT BY SECURITY AT WAL-MART. FIRST TIME OFFENDER.

    Andrew’s Answer

    It's not a good idea to post details about your case on the internet.

    Shoplifting of goods worth $200.00 or more is an unclassified felony in Virginia. It is punishable by prison time between 1 and 20 years, or a jail sentence of up to 12 months and/or a fine of up to $2,500.00, either or both.

    Talk in private with some defense attorneys in your area to get a feel for what happens to first-time offenders. You should hire the best one you can afford. Good luck.

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  • Been teared with domestic violence of a family member an destruction of property what am i facing

    i broke a laptop cut a cord to a lap broke 5 cs an wrote on a mirror in the bathroom . . . i didn't not put my hands on her period

    Andrew’s Answer

    Destruction of property can be charged as a Class 1 Misdemeanor if the value of the allegedly-damaged property is less than $1,000, or it can be charged as a Class 6 felony if the value is $1,000 or more.

    Domestic assault & battery is a Class 1 Misdemeanor that can also result in a loss of your right to possess firearms. Some acts of "domestic violence," as you say, can be charged as felonies, for example strangulation or malicious wounding.

    All of these charges I am describing carry the very real potential for jail time and other consequences if you are convicted. You should consult in private with several defense attorneys in your area and hire the best one you can afford.

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  • What happens if you have a moving violation infraction as a tourist in Virginia?

    My brother is coming from Mexico on a tourist visa. I am going to let him borrow my car so I am wondering what would it happen if he were stopped on a traffic offense (e.g. speeding, not obey stop signs, etc). Would he be arrested? Given a ticket?...

    Andrew’s Answer

    If your brother is over 16 years, 3 months old, and he has IN HIS POSSESSION a valid driver's license issued to him from Mexico, he may legally drive in Virginia. See Va. Code section 46.2-307. If he does not have a valid driver's license, then under certain circumstances you can be charged with a crime if you knowingly let him drive your car.

    If he's got a valid license with him, it would be a good idea for him to keep his passport with him when he drives.

    Some traffic stops end in arrest regardless of citizenship, such as when a DUI charge is brought. Most likely, if it is a simple speeding ticket, your brother would receive a summons for court and be released on the scene.

    If he is charged with something specific, you both should contact an attorney to determine what your next step should be.

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  • A warrant was filed on an assault charge. It happened 2/12-it was a leap year &filed it 1 year later 2/13-is a year 365 days

    Does the statute define a " year " as 365 days ? This happened during a leap year when there was 29 days in February & it occurred in Feb . of 2012 & wasn't filed until the anniversary date in 2013 . They waited one year to file cha...

    Andrew’s Answer

    The short answer to "can this be dismissed" is "maybe."

    You are right that the statute of limitations for a misdemeanor assault in Virginia is 1 year. It would seem that if a warrant issued on 2/13/2013 for an alleged offense on 2/12/2012, then the charge should be dismissed. A crafty prosecutor may argue that time is not of the essence in a charging document, in other words that the complaining witness may have been off by a few days, and thus that the court should consider the charge.

    Some judges in this area may take issue with waiting a year to swear out a complaint and you, as the defendant, are entitled to the benefit of all doubt. You should speak with several of the defense attorneys in this area and hire the best of us that you can afford. Many attorneys here offer free consultations like I do.

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  • If you are handicap and have a letter from a doctor saying you can not work and owe court cost,how are you supposed to pay.

    I was appointed a court appointed lawyer plus other fees that is due.They keep you on probation until you pay.I am disable and can not get disability until I pay in the state of Virginia.

    Andrew’s Answer

    If you are otherwise in compliance with probation and have completed all the other requirements imposed on you, you may be able to seek release from probation and have your remaining court costs reduced to a civil judgment. A civil judgment has its own set of consequences too, so you should discuss the entire situation - in private - with a few defense attorneys and hire the best one you can afford. Good luck.

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  • What is statute of limitations for probation violation in Virginia?

    the original charge was possession of cocaine

    Andrew’s Answer

    Probation violations can be brought up to one year after the end of the probationary period. In addition, there may have been a term of good behavior imposed on your suspended sentence. If so then the statute runs one year after the expiration of the term of good behavior. If good behavior was ordered but no time period was specified, the default is the statutory maximum punishment - in a cocaine possession case, ten years. You can get a copy of the sentencing order from the Clerk's Office at the circuit court where you were tried which will give you the operative numbers in your case, or give a call to the attorney who represented you.

    Best of luck.

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  • After a search is performed and is filed, is it filed by name or address?

    Went to the commonwealth attorneys office and they said that the search warrant was either not filed or sealed. My attorney says it had no reason to be sealed. I asked for it by name. Is it possible they filed it by address?

    Andrew’s Answer

    Search warrant affidavits and inventories are typically filed in the Circuit Court Clerk's Office in chronological order and are often identifiable by the location to be searched or the item to be seized.

    Try going back to the Clerk's Office and describing when the search happened. Knowing the address of the place searched would also be very helpful.

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