When you say charged, do you mean convicted? If you were convicted, then your right to possess a firearm is likely revoked. You would need to get your right bear arms reinstated. The good news is that you may get that right reinstated if you have been crime free for 5 years. You would need to...Read more »
My m moved in about 6 months ago and got a settlement and I went to the bank with her about 2 months ago and she withdrawn 50 thousand and now I have a detective and adult services at my door what should I do I haven’t done anything wrong my moms old doctor ordered her to get tests done for some... Read more »
You need to call a lawyer. APS thinks you had her get the money for your benefit. They might try and remove her from your care and send charges to a prosecutor. I suggest you call a local criminal law attorney and meet with them. This need to be done before you and or mom meet with them. Also,...Read more »
It looks as though the offense was out of Georgia? I advise you to speak to an attorney who is licensed to practice in the state of your offense. The answer would depend on what type of battery (assault) If you were convicted in Washington. If the charge included Domestic Violence or was a...Read more »
I got a voicemail from an investigator telling me that I was under investigation for inappropriate touching, should I call the investigator back and let them know I'm seeking legal representation? Or should I acquire the legal representation first before contacting the investigator in any way... Read more »
Your instinct to obtain representation is right. Contact an attorney and try to meet with them. Most lawyers offer telephone or video conferences due to the Sheltering guidelines. Then discuss the benefits and dangers of speaking to the investigator. Finally, do not speak about this to anyone...Read more »
There is a backlog of blood tests at the Washington State Patrol. It seems to take at least four months for the blood to be tested. When it is tested, the lab will check for substances that could affect driving and/or illegal.
If you are convicted of a DUI, or a DUI related offense in Washington state, the court will order you to obtain an assessment to determine if you need any sort of alcohol treatment. The amount of treatment, or rehab, will be based upon that assessment. Some people are ordered to do a one day class...Read more »
Our neighbor shot our dog 12/30/2016. We haven't seen or talked to him since. We received a felony harrassment charge in the mail today. The day he shot our dog my husband did threaten him, but that was over a year ago. How can he file this now?
Yes. The charge was actually filed by the State, not the neighbor. At some point your neighbor reported the threat to the police. For whatever reason the prosecutor took a long time to file it. The Statute of Limitations for Felony Harassment is three years. So, even though it was filed over a...Read more »
Yes. The state has a time period, called a Statute of Limitations, that defines how long the prosecutor can wait to file a charge. For Assault 4 charges (the basic form of Assault in Washington) it is two years. This applies to everyone, including juveniles.
The State will be prosecuting him. Once a person calls 911, or maybe someone else did, and the police get involved you do not have the power to press charges. The prosecutor may take your thoughts into consideration on how the case is resolved. If your request is counter to what they think should...Read more »
His ex-wife who had him arrested is even willing to appear in court with him because she knows that what actually happened back then in no way justified a DV charge and subsequent conviction....Please advise....Thank you
He may be able to have the charge vacated. More facts are needed such as what type of DV charge? Was it a felony or misdemeanor? Were the terms of probation completed? If the DV charge was a misdemeanor, the answer is probably. If it was a felony it may be vacated depending on the charge. I...Read more »
My husband and I have been married for 5 years 3 children under 8. First we had a verbal disagreement he was ordered to stay away for 8 years. Now a few months later he was caught in violation of the plan. Also there was contact with me but NO hitting punching slapping. He was ordered to stay... Read more »
As the protected party you will need to go before the court that issued the NCO. Some of the procedure depends on if the order was issued via a criminal case, an anti-harassment case or a family law matter. If the NCO a final order or pending the outcome of a criminal trial or divorce decree?...Read more »
Yes. Some courts deny a person on either pretrial supervision or probation to abstain, even if medical. Since the law was changed to legalize marijuana that has been on the decrease. If it happens a person may need to get proof from their doctor and provide it to the court.
A restraining order forbids the restrained party from violating its' conditions. The party who sought the order is not under any restraints. That means if the person who filed the order contacts the restrained person nothing will happen to them. The restrained party till cannot contact that...Read more »
You can refuse to take the Preliminary Breath Test (which is done on the scene) and the BAC test back at the station. There are consequences to refusing both. If you refuse the first test, the prosecutor will try and argue the refusal was due to wanting to hide a positive alcohol reading. The...Read more »
The cost to get her out (I assume you mean out of jail) is the bail amount. Check the website of the jail she is being held in and you should find the bail as it is set. If you do not have the full amount you can post 10% if you go through a bond company. Most bond companies are very efficient...Read more »
Someone accused me of pushing my wife. Both my wife and i are disabled. Aps came into our home and interviewed both she and I. later on, the same day, the cops were called, and did a wellness check. They said, " no sign of abuse." What happens next?
The next step is for a prosecutor to review the case for a charging decision. That can be quick or a lengthy period of time. If the decision is made to prosecute you will receive notice in the mail. This notice will tell you in which court to appear and what charges you face. If the prosecutor...Read more »
Are there any orders from the court preventing you from being in the home? If not, the likely answer is that you can go back to the house. If the house has been the family home for the three years of marriage and there is not a court order preventing you from going back you have as much right as...Read more »
Few years back my girlfriend and I were drinking at a bar, and we started arguing, there was many cops there (they have video evidence) and i got arrested for 4th degree domestic assault. We got issued a no contact order, which the judge dropped on my court date. I was told I need to go to a... Read more »
If the court already ordered that the classes need to be completed than I doubt a lawyer will be able to convince the court to drop it. The court may become frustrated that the order was not followed and order the case closed provided you get penalized. It would be a good idea to speak to an...Read more »
Yes, you can but you may be punished more for it. In Washington, if you refuse your breath test the state will try and inflict harsher penalties on you than if you blew. For instance: if this is your first offense, the penalties double the jail time from at least one day to two if refuse. Also,...Read more »
There is nothing to stop you. You can have the papers served to your husband if he is in custody. I am not sure your post has a specific question. In most counties there is a Family Law Facilitator with whom you can make an appointment. They will outline the process. Or, you can hire an...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.