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 »
You need to sit down with an experienced criminal defense attorney today and talk about this situation because nobody can teach you how to defend these cases for you. This isn’t like calling up a plumber and getting instructions how to replace a sink. You need to just interview and talk to an... Read more »
the property was a dog
Sorry to hear. The State may have determined that the value of the dog exceeded $750, which would result in a felony charge. The value of the dog is one of many potential issues that a criminal defense attorney can fight. It would be a good idea to call a criminal defense attorney today. Most of us... 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/
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.
His assigned counsel refused to submit his written counterplea before the prosecutor's deadline to either accept his plea and sentence or he would add more charges to his cases. He will submit a limited POA notice to an attorney who will make me his legal POA for negotiating a better plea. I... Read more »
It is not smart to have a person talk with prosecutor's about a possible resolution to criminal offenses without being an attorney AND not the attorney that will trying the case if it is to go to trial. The person NEEDS to be an attorney first of all, I wasn't sure if this person with a... Read more »
This individual was sentenced 9 years. He is adopted by a loving family and was charged standing up and protecting his special needs brother who was being assaulted. He is 24 now and was sentenced at 21. His father passed away while incarcerated and his adoptive mother has four kids and a grand... Read more »
Only a Washington attorney should advise here, but your question remains open for a week and it looks like you are losing valuable time. Time is of the essence here - your friend could look into whether he qualifies, based on financial need, for defense through the Public Defender's Office.... Read more »
0-364 days in jail. It is a good idea to contact a criminal defense attorney to fight the charge.
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 »
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