Generally no, but it definitely depends on the judge and the circumstances. If something has changed since the sentence was imposed, and not too much time has passed, a reasonable judge would at least listen and consider the request.
Talk to your lawyer to confirm, but with those facts it sounds like they can be included in a single deferred prosecution. "Separate offenses committed more than seven days apart may not be consolidated in a single program." RCW 10.05.010.
Someone I know was arrested and the next day was suppose to go to court. They were never seen and let go with no paper work. Disposition on the website said NCF FINAL. Does that mean they are not being charged. Also if it says final does that mean they are not going summon them back for a trial? I... Read more »
It definitely does not mean that a charge could not be filed in the future. If the prosecutor gets more information or a follow up report, they can change their mind and file until the statute of limitations has run out. That is at least one year, but more for most crimes.
If charged with DUI can you not obtain a IID device and not drive in the meantime and still get your license back. Or is IID device required to obtain license back again? Hope my question makes sense. Thank you!
It probably depends on how the case was charged and plead. Vehicular Assault is a class B felony, so ten years would be the waiting period to vacate. But there are three different ways to commit the crime of Vehicular Assault, my opinion is that one of them is eligible to vacate but the other two...Read more »
I'm afraid not. The change in WA drug law was a very specific ruling based on the wording of the WA possession statute, which was unique in the country. This change would not affect convictions from any other state or the federal system.
If you want to read more about how the change...Read more »
If that came up in a WA background check, I would start with WA State Patrol, as they maintain the database. This link has their contact information as well as a form to fill out to request to modify or correct a record:
Arbitration determined the other party was 100% at fault. dash cam footage shows the driver turned sideways on the freeway right in front of us. My husband was driving, I was in the front passenger seat and our 13 month old daughter was in the back in her carseat. We all went to the ER, but not via... Read more »
I hate to say this, but my experience is that you will never get a fair settlement without an attorney. Unless the insurance company legitimately believes that you are prepared and able to put your case in front of a jury, they will never feel the need to pay what your claim is worth. They will...Read more »
Easy answer is to call the lawyer who represented you. If that isn't possible, the public defender's office in the county where the conviction occurred can help you. In many counties, you can just call the prosecutor's office. Most of them have an assigned person or team who is...Read more »
Normally where strangulation is alleged, the charge in court winds up being Second Degree Assault. The sentence range for that is 3 - 9 months in jail. I would certainly recommend you talk to a lawyer who practices in your area as soon as you can.
46.25.060 because if suspension or revocation of your driving privilege in another state.. which makes no sense he lives in Washington and. Has not been anywhere but Washington and he didn't give anyone wrong info so we are so confused makes no sence
There are a lot of reasons a notice like that could go out, including just a mistake by DOL. Fixing those things take time, so you should definitely consult with a lawyer as quickly as you can. They'll want to see a copy of the letter he got so they can start working with DOL to remedy the...Read more »
That's a good question, this is an odd and frustrating area of the law. There actually are a number of laws and rules that prohibit your lawyer from just handing over (or copying) the discovery to you, without approval from the prosecutor's office that provided it. The discovery is, in a...Read more »
If it was simple possession, then you should be eligible to have that conviction vacated immediately. The state supreme court recently struck down our possession law as unconstitutional and courts are vacating possession convictions. You should contact the attorney who represented you, or the...Read more »
Now that drug possession is no longer considered a felony offense, am I able to petition for a reduction or even to vacate the conviction as long as it meets the new criteria? If it helps to understand where I am coming from, drugs were found in my house, not on my person, in the amount of <0.1 g.
If it was simple possession (felony or misdemeanor), then yes - it should eligible to be vacated. You should call the lawyer who represented you at the time, or maybe the public defense office for that court.
Here is a very short blog post I wrote on the topic if you want a little more...Read more »
When you say "ticket in mail", do you mean you were criminally charged? If so, I would not recommend you contact the store directly, you should have a lawyer do that for you. It's a simple enough misunderstanding, but could grow in to something worse if not handled cautiously.
All my cases have been closed dispite not giving DNA, ive called the local bails bonds and they said that all my cases show that they are closed and that there wasnt any court dates or warrant issuance.
Absolutely. The normal process is to set a court date first, then issue a warrant at that hearing. But if providing a DNA sample was a court requirement, and it wasn't done, then the court can definitely issue a warrant.
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