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Andrew Joseph Cornick

Andrew Cornick’s Answers

78 total

  • How will my appeal be viewed a second or a third charge?

    I have mentioned previously that i have been charged and convicted with driving on a suspended license second offense. this is actually a 3rd if you follow the numerical code i have a 1st offense, second offense, second or subsequent offense and ...

    Andrew’s Answer

    The number of times a person has been convicted dictates what can happen with this charge.

    A "third or subsequent offense occurring within a 10-year period" carries mandatory, minimum jail time (ten days). Sometimes, when it looks like winning at trial looks difficult, lawyers will negotiate a "second offense," even though at least two prior convictions exist, because it allows the court to avoid giving mandatory time.

    Appealing a conviction from General District Court to Circuit Court can give the Commonwealth the opportunity to change the charge. If the plea to a "second offense" was negotiated down from a third- or fourth-offense charge, then the plea agreement is considered breached and the Commonwealth can elect to amend the charge back to its original language. There are other methods, depending on what happened in General District Court, for the Commonwealth to correct the charge (if they are aware of the error). You should speak with your attorney about it.

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  • What happens at a bench trial for Dui charges? Will I go to jail, aggravated charges. Blew .213 can I delay this anymore?

    How long will I lose my license, if so how long? Can I drive with my kids?

    Andrew’s Answer

    A "bench trial" is a trial before a judge rather than a jury. The judge will hear the evidence, make rulings on objections and motions, and render a verdict.

    If you are convicted of a first-offense DUI in Virginia and a breath certificate is introduced showing a BAC of .21, the judge MUST sentence you to at least ten days of jail (mandatory, minimum time). The court will also be required to suspend your license for twelve months, though usually you will be allowed a restricted permit for certain circumstances.

    If you don't have an attorney yet, you need to get one. Besides the mandatory jail time, this DUI conviction can be financially devastating. Consult with several lawyers in your area and hire the best on you can afford.

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  • What are the chances of my boyfriend being convicted of grand larceny?

    My boyfriend was arrested because he had a warrant out for his arrest on grand larceny charges of 200 dollars. The police searched his house but they didn't find the money or anything else belonging to the lady.

    Andrew’s Answer

    In Virginia, the felony threshold for larceny is $200. If - IF - the Commonwealth is able to prove beyond a reasonable doubt that your boyfriend stole $200, then he would be convicted of a felony and subject to a prison term up to 20 years. He needs a lawyer.

    Whether they can prove him guilty beyond a reasonable doubt depends on numerous factors, many of which may not be known to you or your boyfriend right now. A good attorney will help gather information about the case and provide your boyfriend with his options, including advice on the likelihood of success at trial. No attorney can promise he will win, but with a bunch more information we can give you informed predictions.

    Make sure your boyfriend talks to several defense attorneys in your area. He should hire the best one he can afford.

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  • My son was arrested for sholifing last year. It was a misdemeanor as a minor and he goes back to court in March of 2013.

    A few days ao, he did it again. This time its a felony and he is 18.. He is a straight A student, vice president of the student council,is in the honor society and is involved in many other school activities including football. One charge is count...

    Andrew’s Answer

    Each county and independent city in Virginia has its own court system. Cases are rarely if ever combined. Nonetheless there may be several avenues of defense or mitigation regarding the new charge. Your son should consult with several experienced defense attorneys in the area and hire the best one he can afford - if there is a way to avoid a felony conviction you want to find it.

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  • So if someone recieved a DUI over 10 years ago, would those records be available today, 10 years later in the same county?

    Need to know if county would still have record of 1st DUI over 10 years ago?

    Andrew’s Answer

    Short answer - yes, probably.

    In Virginia, General District Courts (where most DUI cases are heard) purge records after ten years. After ten years, that original warrant with the judge's original signature is destroyed. That being said, a record of conviction is still archived and many are available for viewing online. Furthermore the Office of the Commonwealth's Attorney in your locality may have obtained and kept a certified copy of the conviction. The conviction was likely also reported to DMV.

    If the case was appealed to Circuit Court, the original records are almost definitely still in existence.

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  • My boyfriend has two prior assault and battery charges against his ex wife and is now in jail for his third simple assault.

    How much time can he get. I never pressed charges but I'm the only witness. The lady that pressed charges left and never talked to the cops.

    Andrew’s Answer

    If the current charge is simple assault as you say, the range of punishment is up to 12 months in jail and a fine up to $2,500.00, either or both. Your boyfriend runs a substantial risk of serving jail time if convicted since he has the two prior convictions. He should speak with several experienced criminal defense lawyers in your area and hire the best choice in his price range.

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  • Can I press charges on the woman my boyfriend was with before me with for not informing him she had herpes?

    Can I press charges on the woman my boyfriend slept with one time before me, for not informing him she had herpes until several weeks after him and i started dating, therefore allowing me to contract it as well. I always use condoms with every man...

    Andrew’s Answer

    Virginia punishes "infected sexual battery" for knowingly having sex with someone else without disclosing infection with HIV, syphilis or hepatitis B. Herpes is not on the list.

    As a matter of proof, you may want to consider the fact that (according to you) your first outbreak occurred months after exposure. It may very well be that this woman did not know she was carrying and then told your boyfriend as soon as she found out.

    Best of luck.

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  • I was blind sided by a guy at a gas station in Bristol, Va i pressed charges but the guy he apologized now i want them dropped

    he was with two other guys told them to get in the car so i watched them get in the car and out of my perifial i saw him swing and tried to dodge it but couldnt by the time i got up he had got in the car and left the i contacte the authorities the...

    Andrew’s Answer

    Now that he has been arrested and a court date was set, it is the Commonwealth's decision whether to drop the charges. That being said, you may want to speak to a lawyer about exploring the possibility of entering an "accord and satisfaction," which is basically an agreement between you and him to drop the charges. An experienced criminal defense lawyer in your area can tell you more about your options now. Best of luck.

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  • My sister was recently arrested for drug dealing, Were any rights violated? What can we do?

    My sister was recently arrested for drug dealing, she was addict and to pay for her addiction she turned to dealing. The year before she was arrested my father told the police that she was involved with wrong people and we tried to help her but be...

    Andrew’s Answer

    Your sister absolutely needs to consult with a defense attorney, preferably several, and hire the one she trusts the most to help sort this out. Courts in this area can react harshly in distribution cases, so every effort should be made to minimize the damage and avoid conviction - if possible. If she has not yet made bond, you and your family can meet with attorneys and some of us will go to the jail to speak with her so that we can give better advice on how to proceed.

    With regard to whether any of your sister's rights were violated, it is too soon to tell. The police do not have an obligation to "help" if someone suggests they keep an eye out for trouble (in the form of the wrong friends). That does not mean they did their job correctly. An experienced criminal defense lawyer will be able to gather the necessary information as the case progresses and advise your sister appropriately.

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  • Can an attorney know who the witnesses are against his client and not tell him? That is what my son's court appointed told him.

    These are very serious charges, assault malicious wounding, he is facing serious time, how is it that is own lawyer knows who the witness against him is and can't tell him, this is something I have never heard of before. Please help me with this s...

    Andrew’s Answer

    The three gentlemen before me have effectively answered the question. I write to add that if the attorney is in fact stating to your son that he knows who a witness is but will not say who it is, the attorney may have discovered what is called a "conflict of interest." Sometimes these arise when an attorney has represented someone who wants to or has to testify against the attorney's client. Since the attorney has the responsibility to protect both the defendant and the witness, he should get out of the case as soon as possible, revealing only what information is necessary to get out of the case. Your son should explore with his attorney whether or not this is what is happening.

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