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 »
If you have not done anything wrong, it is possible that you have unknowingly communicated with a person who is being investigated for a very serious crime.
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 »
No continuations or missed court dates. I did the math and that’s 101 days.
I am assuming you are not counting any time that was under the trial suspension due to Covid. Talk to your attorney.
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.
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
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.
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 »
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 »
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.
Many years ago, I had a criminal charge that was handled on a Deferred Prosecution. I was fully complient with all terms and the charge was dismissed one year later. I thought it was to be expunged.
I'm wondering why this charge showed up and what I can do to get it expunged. Thanks in... Read more »
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.
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 »
How much is it going to cost and how do I file federal statutes of limitations is way ben up
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 »
Can I hire a lawyer and fire the public defender ?
Yes you can withdraw a plea of guilty to a case before sentencing but it is VERY VERY HARD to do.
Typically it isn't allowed by the Judge because when you entered your plea of guilty the Judge asked you a bunch of questions about your decision to enter the plea of guilty and whether... Read more »
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 »
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