My public defender convinced me taking a strike 1 vehicular assault was more so in my best interest than a dui charge and now 10 years later I’d really like to not be a violent felon!
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 »
It was at the Otay border and I took the plea for 36 months. Washington state has basically decriminalized drug possession and I was just wondering if it could effect my case
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:
https://www.wsp.wa.gov/crime/criminal-history/
The other driver probably got a judgement against you for the damages in the crash. If you were uninsured, then you may be responsible for the other person's damages.
If that happened, then yes you will have to work out a financial arrangement with the other side before the hold on... Read more »
No just curious about how retrials work and do you have to be rearranged
There isn't a requirement that the defendant be re-arraigned, but it does re-start the time for trial. So a new 90 or 60 days, just like it was arraignment all over again.
Make sure you respond (or hire a lawyer) right away. The ticket probably tells you that you have 14 days to respond, and if you miss that deadline it will be found committed by default.
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 »
Am I looking at jail time and I do need a lawyer
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 »
Depends where you are seeing it- but it is probably a reference to someone being charged with violation of a protection order.
https://app.leg.wa.gov/RCW/default.aspx?cite=26.50.110
I want to see my discovery. The full discovery of evidence. My attorney says he will get in trouble if he gives it to me
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 »
I wasnt even in possession of any drugs is it possible to have the conviction over turned and be taken off community custody
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 »
What do I do. Can I go back and pay them the $35
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.
The responsible driver ran him over and hit multiple cars. We are not sure what types of compensation he is eligible for, and we do not know if a DUI test was performed on the responsible driver. The responsible driver only has liability insurance. What type of lawyer should he get?
He should talk to a personal injury firm, but ideally one that also does some criminal / DUI work.
They will be able to pursue maximum compensation for him, and also guide him through the criminal process and obtain information for him so he understands how the case is being handled on the... Read more »
Short answer yes, it happens all the time.
Most often from traffic cameras, but that is not the only source.
The fact that the ticket can be issued that way doesn't mean that these tickets can't be beaten though. A ticket that was issued by mail almost always has... Read more »
I was assaulted and the police came to the scene and made a report. I told them I wanted to file. But the Cop just gave me his card with a incident # on it. I've called but can't seem to get a return call.
I would keep calling the officer, he is the one who can tell you the status of the investigation.
I would also call the prosecutor's office that the report is to be sent to. They can tell you if their office has received the report yet, and if they have made a decision about whether... Read more »
I received a ticket for failure to dim my brights, and I intend to contest it. I'm drafting a letter to request discovery, and am wondering if the plaintif is Sate of WA or Snohomish County? I'm also wondering how I find out who the prosecutor is that I need to serve? Thank you in advance!
The prosecutor's office should be the county prosecutor in which the ticket is filed. The simplest way to confirm that is call the court (number should be on your ticket) and ask the clerk for the contact information for the prosecutor.
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