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.
this is a criminal case and the prosecutor had information they did not disclose in discovery.
Well it wouldn't be a 'mistrial', but yes - there is a court rule that allows a judgement to be reversed and a new trial set where there is newly discovered evidence. The time limit on that is generally one year from when the final judgement was entered. You should probably talk to a... Read more »
When a defendant's mental competency to stand trial is questioned, they are referred to Western State Hospital for evaluation. The doctor there gives the court a written report with an opinion on whether the person is or isn't competent to go forward.
There are different time... Read more »
the two eyewitnesses testify that it's not the defendant and a police officer is saying it is because he recognizes him supposedly on video
It's certainly possible that might happen, but not definite. If the prosecutor believes they can prove the case to a jury without the cooperation of the victim, then the prosecution will typically go forward. Many cases are prosecuted that way. You need a lawyer to evaluate the admissible... Read more »
UPDATED INFO: This happened eight months ago. Why am I just now getting notice? Also, is there a police report out there that I can review?
I had a medical emergency, pulled over to the side of the freeway. Police recalled, they took a breath test and ambulance was called. I was... Read more »
There doesn't have to be an arrest for the prosecutor to later file a DUI charge. If the investigating officer thought you were under the influence (of alcohol or a drug), they can forward that report to the prosecutor and charges can get filed that way. This is pretty common when the person... Read more »
Sure. The RCW creates multiple different types of protection order. Some have statutory limits but there are certainly circumstances where a judge can issue a lifetime protection order. Depends on what kind of circumstances gave rise to the order.
Generally no.
"A spouse or domestic partner shall not be examined for or against his or her spouse or domestic partner, without the consent of the spouse or domestic partner; nor can either during marriage or during the domestic partnership or afterward, be without the consent of the... Read more »
I have a previous reckless endangerment charge that is pending upon completion alcohol class and $100 which are both done, however I’m worried this new charge will effect that outcome? Am I able to get this theft charged dropped even though I have a pending other charge. I do plan on trying to... Read more »
Yes, if you have another case pending on conditions then a new charge will definitely have an impact on that. Depending on where you are, the new charge might get filed in a week, or might get filed in several months. You should definitely talk in private with an attorney in your area as soon as... Read more »
The grocery store did not have a bolt on a metal plate on the floor and my mother fell over it and hurt her knee and potentially her back
It depends on who is asking her to sign the release. If it is the store's risk management or legal representative, then I would definitely advise her to talk to a lawyer first. Most attorneys do a free consultation (probably by phone) so she can get her specific questions answered.
If... Read more »
I have an unpaid judgement against me due to uninsured accident. My license has been suspended for 13 years. Shouldn't the suspension period be 10 years?
The judgment that suspended you may expire after 10 (or it can be renewed). But even if it expires, the license remains suspended until reinstated. It's possible that you are eligible to reinstate, but of course there can be multiple reasons that a license is suspended; while one expires,... Read more »
I don't owe any money and now he's selling my things! Can he do this?
Most counties have some kind of legal aid client designed to help tenants with landlord disputes. In Kitsap county it's https://www.washingtonlawhelp.org/organization/kitsap-housing-justice-project
If you contact them, they might be able to point you to resources in your area.
Public records request. Most police agencies have a form on their website you can use to make the request.
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