It looked like a court order signed by a judge and was sent to me certified from the prosecuting attorneys office. It listed a 5 day period this last November for when it was approved by the judge for intercepting my oral communications. I am so confused as to why I would receive this out of the... Read more »
The accused person will often go to jail. However, it is not uncommon for the alleged DV victim who called 911 to end up going to jail. When the police investigate, people often unknowingly admit to crimes when telling their side of the story.
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 »
For 3 months she has harassed me,Things built up Her & 7 yr old chanting 30+ TIMES MAKE HER MOVE,OVER & OVER I was having a hard day with my illness and talk to "other" people & myself,I found her standing at my door recording me and taking pictures,which the phone was shoved... Read more »
This sounds like a very frustrating situation. The prosecutor is the only person that has the authority to dismiss a criminal offense. You need to hire an experienced criminal defense attorney to represent you and see whether he could persuade the prosecutor to dismiss. This isn’t easy! This 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.
Having a right to travel does not mean that you have a right to drive a car. You can travel by walking, by riding a horse, or by many other methods that do not involve cars. Driving a car is a privilege, and all states regulate that privilege.
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 »
It is very hard to withdraw a plea of guilty to a case because you were ask specific questions about what you were doing and if you were full aware of the issues, the rights that you were giving up and the understanding of the arrangement of your deal. This was viewed as your decision and no one...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.
Unfortunately, when cases are dismissed after a deferred period, it is still considered to be a "conviction" because there was a finding of guilt. Although the case has been dismissed it may still show up on background checks as a dismissed charge. How your case would be handled is...Read more »
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.
Even if he didnt press charges or participate in the municipal case against defendant/girlfriend? Ok he got a summons to appear at my MTR hearing to testify for the state. This is not the municipal where the charges are. This is an MTR hearing that is scheduled for another reason having nothing to... Read more »
If you are asking if a DA can subpoena an alleged victim or witness to testify in a case than YES the DA can do this. There are different ways or methods of getting a subpoena to a person so if the person that is being asked to testify has questions about their rights that person should consult...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.
Restoration of your firearm rights, vacating, sealing or expunging your record can all be done in Washington State, but definitely depends upon your history. You can complete the firearm restoration in either the county where the offense was committed, or the jurisdiction you are currently living....Read more »
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 »
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