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 »
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 is more to this matter than what you are saying so there is no way for an attorney to answer your question without all of the facts and the possibilities. Please talk to your attorney about this question. If you don't have one GET ONE. One with experience with these type of cases to...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.
This has now caused me to miss court date as I never received any info on court date or what allegations I was. Looking at. I call the court and was told officer had done the service but never received any paperwork
In a criminal prosecution a wife can testify against the husband, there is not immunity for a criminal offense. The person would have to appear in court and testify in person. Please hire an experienced criminal defense attorney to represent you Sir! This is your best bet to make sure your...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 »
The ability to DROP the theft charge depends on whether or not they have a good case or not. If you are under conditions on the Reckless Endangerment charge and one of those conditions was no criminal offense then you are probably looking at getting sentenced on that first charge. Sorry to say...Read more »
Unlawful possession of a firearm. I need any type of help to hire a very good lawyer because he has 3 kids and is a great father and from what I know, when his situation accrued he got shot and so did his passenger leaving him paralyzed. He shot back and now he’s in pierce county and doesn’t... Read more »
What he is charged with and the facts concerning this matter is what is important. The fact that he is a good person and a father is probably not important to the case but a good factor. It comes down to facts and testimony and what the State can prove. He needs to hire an attorney. If you...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.