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Andrew Joseph Cornick
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Andrew Cornick’s Answers

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  • I pleaded guilty in court on a dui, but they failed to tell me anything about restricted license

    i have encounter health problem's cant get to the doctor like i should i know of other people got them the day of their court date but no one went over any of that with me i had no lawyer just pleaded guilty is their anyway that i can get them bec...

    Andrew’s Answer

    The judge probably marked you eligible for a restricted permit. If so, and if you are otherwise eligible (if you would have a valid driver's license if it weren't for this DUI conviction) and you are in compliance with VASAP, you can go back to the court where you were convicted. Go to the Clerk's Office and ask for an application for restricted permit. Usually the deputy clerk will tell you everything you need to do to apply for and receive a restricted permit, but if not you can probably pull a local attorney aside and ask for some guidance.

    If the judge did not mark you eligible for a restricted permit, you may be able to petition the court to reopen your case and declare you eligible.

    Either way, your quickest route starts at the clerk's office and your easiest route starts with a competent local defense attorney.

    Best of luck.

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  • How could this play out in court 18.2-63 carnal knowledge of a child 13-14:y/o age w/o force.

    Could I still be charged with this being that the girl lied about her age to me as well as the officer.

    Andrew’s Answer

    Knowledge of the "victim's" age is not an element to carnal knowledge. You absolutely can be charged and you stand the risk of being convicted, regardless of that lie. It also sounds like you have made statements to law enforcement, which you should not do again unless it's under an attorney's advice.

    You should consult with a defense attorney pronto. Feel free to call me for a free, confidential consultation.

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  • Im being charged of having sex with a person < 13. if there is no dna but only her testimonie may i have a chance of winning?

    im 18 she was 12 and there is no dna only her soul testinmonie. her mother is not presuing but the common wealth is. im in virginia. also i have witnesses close to 7. also she says this happened from may to july. no exact dates. also the detective...

    Andrew’s Answer

    12 is below the age of consent in Virginia, which means that if the Commonwealth proves you had sexual intercourse with a 12-year-old you would be convicted of rape. If they prove you were 18 at the time, under a new portion of the rape statute you MUST be sentenced to a "minimum, mandatory term of confinement for life." Life in Virginia means life, and "minimum, mandatory" means the judge can't suspend any portion of that sentence.

    If you are accused of being 18 years old and having sex with a 12-year-old at the time, you are literally fighting for the rest of your life.

    Under Virginia case law, a "victim's" testimony is legally sufficient to prove a rape charge even absent any other evidence, but you and your attorney should be discussing every other circumstance and every bit of her statement in an effort to rebut her accusations.

    Take this case seriously and beat down your attorney's door if you do not feel like you are getting the attention it deserves. If this goes wrong you could be looking at dying in prison.

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  • What level misdemeanor or felony would I receive for this type of trespassing

    I was invited to a bonfire where I was told that we were allowed on the land. When I got there I parked my car near the road and went the the bonfire where A man in a large truck came and wrote down peoples license plate numbers without saying any...

    Andrew’s Answer

    If the land was posted (that is, if signs were up saying "no trespassing") or if someone with authority, for example the owner of the property, told you to leave and you didn't, you could be prosecuted for trespassing. Trespassing in Virginia is a class 1 misdemeanor, punishable by up to twelve months in jail and a $2,500 fine.

    If there was property damage done or items stolen during the bonfire, the police or the prosecution (if it gets that far) could try to tie everyone in together. Both vandalism and larceny can be prosecuted as misdemeanors or felonies depending on the level of damage.

    If you are approached by a police officer or a detective, you should probably decline to speak with them at all until you have discussed the entire night - in detail and in private - with a good defense attorney in your area. Do not even confirm you were present at the bonfire or confirm that your car may have been there. You do not have any idea how seriously they are taking it, so it is best to err on the side of caution.

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  • I have a warrent in MD for failure to appear in court from almost a year ago how can i resolve this

    i was driving to MD for work and got pulled over and didnt have a valid drivers license, i live in VA and i didnt appear on my court date and now have a warrent case and this happened almost two years ago what can i do to fix this so i can get my ...

    Andrew’s Answer

    You should make immediate plans to resolve the outstanding warrant in Maryland. Call several attorneys in the area of Maryland where your case is pending. Hire the best one you can afford.

    Once the Maryland case is resolved, if you do not currently have a valid Virginia driver's license, any Virginia DMV can print for you a "compliance sheet," which will list the conditions you need to satisfy in order to get your license back.

    Best of luck.

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  • Letter sent from brother not to enter property to visit with mother without call. served w/trespass warrant.

    Court case was nolle prosequi .no evidence of letter sent. Plaintiff is currently under ivestigation for elder abuse. Do I have to pay Court Cost?

    Andrew’s Answer

    If a case is ended via nolle prosequi, the defendant is not required to pay court costs. The clerk's office at the court you attended can absolutely confirm how the case ended and whether or not costs are owed, though. You should call them.

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  • How do you go about petitioning Chesterfield Circuit Court in Va for restricted drivers license if you cant afford a lawyer?

    can i hire a public defender? I had a weed charge in 07 not while driving but anyways i completed a years court drug treatment program but had fines too high to pay which just cleared but now i have six more mos suspension.

    Andrew’s Answer

    • Selected as best answer

    Go to DMV and get a "compliance sheet." It sounds like the six-month suspension for your marijuana conviction was tolled (didn't start to run) until you paid off whatever fines and costs were overdue.

    If the only remaining suspension is for the marijuana charge you are eligible to receive a restricted license. Start at the local clerk's office. Some will allow you to use a pre-printed form to apply for a restricted license, using that as the petition and docketing it for you (giving you a court date).

    If your compliance sheet is more complicated than you expected, or the clerk's office isn't as user-friendly as you like, you should consult with several attorneys in your area and hire the one you prefer most. Best of luck.

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  • How can I get my son record cleared of a mistermeanor?

    He has a record of petty larceny. He was with a young lady that was shop lifting while they were together. He spent 6 months in jail for this. He is having problems obtaining employment as a result of it.

    Andrew’s Answer

    If your son was convicted of petit larceny in Virginia, there is one method to obtain an expungement and have his record cleared. If the Governor of Virginia grants him a pardon, the records of his arrest and prosecution can be expunged. Short of that, the conviction will remain on his record forever.

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  • My sister was told by police that she was not under arrest but she was bring detatined. she has never been finger printed.

    taken to a different jail and still not charged. she was not given any paperwork. nor given a phone call. it has been 9 days and still has not been merandized. what should we do???

    Andrew’s Answer

    The police only have to Mirandize suspects who are in custody (under arrest or its equivalent) and subject to interrogation (questioning). If no one wanted to question your sister, no one would be reading her her rights.

    It sounds like you or your sister may not know what her charges are. Start by calling the jail where she is being held. They should be willing to tell you what charges she has and for what court. You can then go to the clerk's office of the court where the charges are pending and find out when the court date is.

    If the jail can't or won't tell you why she's being held, and the Clerk's office won't help you, consider speaking with an attorney in your area. Best of luck.

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  • I was convicted of a felony in 2004 and have a plea agreement but I believe while on probation my plea agreement was violated

    what can I do. I am a sex offender my agreement says I am non violent but they changed that to Violent.

    Andrew’s Answer

    You really should get back in touch with the attorney who represented you in 2004.

    I can't tell from your question how your plea agreement was violated, if it was, but it looks like you're saying that you went from "non-violent" status to "violent" status.

    This can happen based on certain new convictions, or reclassification of the crime that you plead to in 2004. Your old attorney should be able to get you up to speed quickly.

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