Criminal Law Questions & Answers

Q: I have read that lawyers don't take contingency fee criminal cases why is this ?

1 Answer | Asked in Criminal Law for Washington on Jan 24, 2014

Answered on Aug 26, 2014

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David Nelson Jolly's answer
The very simple answer to your question - why we don't take contingency fees in criminal cases - is very simple. Doing so may be considered unethical and it is not advised by the Washington State Bar Association. To avoid sanctions, we criminal defense attorneys avoid doing anything that may be perceived by the Bar Association as unethical.

Law Firm of David N. Jolly

http://www.bellingham-lawyer.com/

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Q: "friend" took several tools/equipment with a discounted price of $1250 has not made any payments. In WA, what can I do?

1 Answer | Asked in Criminal Law for Washington on Feb 1, 2014

Answered on Aug 26, 2014

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David Nelson Jolly's answer
This set of facts is probably a civil matter and the perfect venue for this case is small claims court. Hopefully there is a written agreement and proof that the tools were taken but no money exchanged. It’s best to see your local municipal or district court in Washington for a small claims package.

If you’re concerned that this may be a criminal matter (“theft”) then it is best you contact your local police department and file a report stating that this tools were taken...

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Q: Is T.C.A. 39-13-111 a felony or misdemeanor charge?

1 Answer | Asked in Criminal Law for Tennessee on Aug 25, 2014

Answered on Aug 26, 2014

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David Nelson Jolly's answer
This statute could be either a misdemeanor felony. The statute cited simply defines domestic violence assault but gives it no classification - that would be a different but related statute.

Law Firm of David N. Jolly

http://www.skagitduilawyers.com/

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Q: If I filed for a motion to dismiss on my right to speedy trial being violated during my case and no motion was mad..agai

1 Answer | Asked in Criminal Law for Washington on Mar 30, 2014

Answered on Aug 26, 2014

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David Nelson Jolly's answer
Your right to a speedy trial is a constitutional right protected by the laws of this great nation. However, and frustratingly, it’s not quite as easy as that. In order to successfully have a motion to dismiss based on a violation of your speedy trial rights you must first object to the setting of a case outside of your time for trial and then bring a motion to dismiss. If you (or your attorney) fail to object to the setting of the case – when it occurs – you may be out of luck. To...

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Q: Being charged with uttering threats to a police officer resisting arrest and mischief. Am I looking at jail time?

1 Answer | Asked in Criminal Law for Washington on May 28, 2014

Answered on Aug 26, 2014

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David Nelson Jolly's answer
Every criminal charge in the State of Washington has the possibility of jail time. Typically the maximum penalties are either 90 days (for a misdemeanor) or 364 days of jail (for a gross misdemeanor). However, not all crimes have mandatory jail so it is conceivable that you may not receive any jail depending on the exact type of threat allegedly made and your criminal history. With a case such as yours it is best to contact a local criminal attorney to discuss. Good luck.

Law Firm...

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Q: i missed court to day what can i do

1 Answer | Asked in Criminal Law for Washington on Jun 19, 2014

Answered on Aug 26, 2014

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David Nelson Jolly's answer
If you have very little (if any) criminal history and have no record of not appearing in court, you might be in luck. Contact the court immediately and explain that you missed your court date. They may be able to advise you how to remedy this situation by paying a small fee ($25 or $50) and resetting your court date. If your case or court won’t permit this you’ll need to quash the warrant by hiring an attorney who can get you in front of a Judge for the purposes of quashing the warrant....

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Q: I was sentenced to EHM but I now have no place to do it. What do I do to take the jail time that was offered in court.

1 Answer | Asked in Criminal Law for Washington on Jul 11, 2014

Answered on Aug 26, 2014

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David Nelson Jolly's answer
If you are unable to perform electronic home monitoring the Jail and Court will understand … however, you must be careful that the conversion for EHM isn’t treated equally with jail. In other words, if you were sentenced to 30 days of EHM this should equal 2 days of jail based on the tried and true 1 day of jail equals 15 days of EHM. I would visit the Jail and see if they would convert for you but also check with the Court. If in doubt, you can bring a motion in the court where you were...

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Q: How long does a judge have jurisdiction on a misdemeanor charge after you plead guilty

1 Answer | Asked in Criminal Law for Washington on Jul 24, 2014

Answered on Aug 26, 2014

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David Nelson Jolly's answer
Most misdemeanor offenses in Washington have 2 years of probation while Washington DUI convictions (or deferred prosecution) have 5 years of probation. However, there are many examples of the probationary period being less than the mentioned 2 or 5 years. As long as the probation period is the length of time the Court has jurisdiction over the individual.

Law Firm of David N. Jolly

http://www.dui-bellingham.com

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Q: Ifyour probation says you can't drink or do drugs, but your probation is over, can you continue to do so?

1 Answer | Asked in Criminal Law for Washington on Aug 12, 2014

Answered on Aug 26, 2014

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David Nelson Jolly's answer
Probation has incredible powers so while you are probation, of any kind, do what they say and stay out of criminal trouble. It is also important to understand if you are actually on probation or not. Many confuse “inactive” (or unsupervised) probation as not probation, but it is. Most misdemeanor offenses in Washington have 2 years of probation while Washington DUI convictions (or deferred prosecution) have 5 years of probation.

In this case if there is one more court date it is...

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Q: i am being harassed by a police officer and now being threatened with jail. how do i fight this

1 Answer | Asked in Criminal Law for Washington on Aug 13, 2014

Answered on Aug 26, 2014

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David Nelson Jolly's answer
I am sorry that this is happening to you. I have two strong responses to your issue. The first is, do not say anything to the officer and do not respond in any way. The second, contact a local criminal defense attorney to discuss the matter. Lawyers can certainly help you in court but they can also put an end to unnecessary “investigation” and most importantly, protect you and your rights. It is simple advice but critical. Call a local attorney for a free consultation and possible...

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Q: How many years these offense carry

1 Answer | Asked in Criminal Law for Illinois on Jul 21, 2014

Answered on Aug 22, 2014

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Carlos Humberto Davalos' answer
It's a felony so it can be punished by more than one year in the Illinois Department of Corrections.

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Q: i have a class three felony for cannabis pending 32 grams n and six years ago i was charged with controlled substance i

1 Answer | Asked in Criminal Law for Illinois on Jul 17, 2014

Answered on Aug 22, 2014

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Carlos Humberto Davalos' answer
There may be ways to keep this charge of your record in addition to avoiding jail time. Much more is needed to determine that however, for example, your background and the facts of the case. Contact an attorney.

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Q: i shoplifted when I was 17 in texas and I am 55. is that still on my record

1 Answer | Asked in Criminal Law for Texas on Aug 20, 2014

Answered on Aug 21, 2014

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Christopher M. Lankford's answer
If you were convicted, then yes, it will still be on your record. However, if you completed a deferred probation or had your case dismissed, then you can have it sealed.

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Q: How do I get a copy of a plea agreement filed in 1989 in Abq. NM.

1 Answer | Asked in Criminal Law for Texas on Aug 19, 2014

Answered on Aug 20, 2014

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Christopher M. Lankford's answer
You may have to contact the county/district clerk to get a copy.

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Q: In the state of Texas can a person be held in jail because of there back ground if they didn't do the crime?

1 Answer | Asked in Criminal Law for Texas on Aug 12, 2014

Answered on Aug 18, 2014

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Christopher M. Lankford's answer
If a person's background may be taken into account when setting the bond. However, there must be a current charge for a new crime. If the is no evidence to support the new charge, then this person should have an attorney fighting it via, grand jury, examining trial, etc. If the new charge is dismissed, then he won't be held.

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Q: Can you be found guilty on assault by contact if only witnesses show in court?

1 Answer | Asked in Criminal Law for Texas on Aug 14, 2014

Answered on Aug 18, 2014

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Christopher M. Lankford's answer
Yes. You may be charged, but whether that is enough to convince a jury that you are guilty is an entirely different question. Your lawyer is the best person to advise you on the strength of the case.

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Q: When a inmate is sentenced to the death penalty does it take so long? Why are they on death row for a number of years?

1 Answer | Asked in Criminal Law for Texas on Aug 15, 2014

Answered on Aug 18, 2014

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Christopher M. Lankford's answer
Executing a person is something that can never be undone. For that reason, we have a number of steps, including appeal, to make sure that there was a fair trial, the law was applied correctly, and that there is enough evidence to support the conviction.

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Q: DWI in Texas (where my license is issued) but I go to school in Chicago.

1 Answer | Asked in Criminal Law for Texas on Aug 17, 2014

Answered on Aug 18, 2014

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Christopher M. Lankford's answer
First, hire a defense attorney. Your attorney may be able to get you excused from most of your Court dates and appear on your behalf. Dealing with a DWI is a process, so it may take awhile.

The case will be handled where the DWI occurred. Don't expect a dismissal because you're out of state.

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Q: Is it legal for a officer to search a vehicle that does not belong to the driver

1 Answer | Asked in Criminal Law for Illinois on Feb 20, 2014

Answered on Aug 15, 2014

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Carlos Humberto Davalos' answer
The answer is maybe. More information is needed for a more nuanced response.

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Q: Can a police officer search my car after I have given him my ID while he is conducting a field interview

1 Answer | Asked in Criminal Law for Illinois on Apr 15, 2014

Answered on Aug 15, 2014

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Carlos Humberto Davalos' answer
The cop can always search. Whether any incriminating evidence found sticks depends on whether the search was legal.

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