Ewen E Allison's Answers

Can I and How do I get my arrest record expunged ?

Go to the Public Defenders Service at 633 Indianna Avenue (down the street from the courthouse, near Archives/Navy Memorial. They have forms there and lawyers to help you fill them out.

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Misdemeanor records treated like any other criminal record?

I'm assuming you're an adult, is that correct? The first thing you should do is to try to have that record sealed, which is possible even for some felonies. My colleagues at the DC Public Defender Service can help you fill out the forms to do this. In fact, the law says that after your record sealed, you can truthfully tell almost anyone that you have a clean record. You'll have to tell the factual truth if you want a job in law enforcement, but even then it might not bar you from...

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A subpoena

Yes. If you do not show up, you could face contempt of court proceedings. I did work a case, however, that might be similar to yours. By talking to the witness, we learned something that actually helped the witness. I can give you further details. Please call (202) 756-1960

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Do I have a chance at winning appeal based on ineffective assistance of counsel, and numerous other errors in the trial?

The test is whether an attorney both fell short of professional standards and those shortfalls hurt your case, that is, made it possible for a jury to come to a different decision. If your trial attorney knew that the witness wasn't there but didn't bring this point out at trial, I would, as your attorney on appeal, look much more closely at the whole case. Please call. Ewen Allison 202-756-1960.

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Can i hire a attorney a after i have plead guilty

You are certainly free to hire another attorney! In fact, it is a good idea to do so, because then you'll have someone who can negotiate for you and get the lightest sentence possible. Also, it would be a good idea to have an attorney if you wish to withdraw your plea. I would be delighted to represent you!

Will a misdemeanor theft charge go on my record?

Go to court. If you don't show up to court, that's another offense. Both that and the shoplifting charge will be on your record. If it is ever found out that you gave false information to the police about your address, that could be prosecuted also and you'll have a a third charge on your record. The best thing you can do is to go to court with an attorney to defend you on the shoplifting charge, then have your record sealed. The DC Public Defender's office on 633 Indiana Ave., NW can help...

If i have a criminal record form another state will it affect me getting an apartment in another

It's easy for anyone to search public records online for criminal convictions, and even to find them. But that's not the end of the story! Landlords have different standards for background checks. Some of them don't even look at criminal records, just credit scores. And even if they do look for criminal records, many are worried about violent crimes and drug dealing than shoplifting. Many states have laws that allow you to get your criminal records sealed so that ordinary members of the...

Im being accused of threating someone over the internet and i didn't do it

I concur with my colleague about it being premature to answer for sure. Much will depend on what the actual files of FaceBook and your Internet Service Provider will show. For now, you should find a lawyer, and if the police come asking questions, refer them to your lawyer. Good luck!

How long will my brother be in jail when his probation required 2 years and he already did 1 year in and out of jail?

He should receive credit for the time he has actually spent in jail, and, unfortunately, he faces being sent back to jail to serve out the rest of his time there. What really needs to happen is for a lawyer to convince the judge that sending your brother back to jail is a bad idea in some way. Sometimes judges see that there have been good reasons why someone missed a court date, and it takes an assertive lawyer to say so. Also, even if he is sent back to jail for the rest of his...

How long will a person have in jail if they violated their probation twice?

He should receive credit for the time he has actually spent in jail, and, unfortunately, he faces being sent back to jail to serve out the rest of his time there. What really needs to happen is for a lawyer to convince the judge that sending your brother back to jail is a bad idea in some way. Sometimes judges see that there have been good reasons why someone missed a court date, and it takes an assertive lawyer to say so. Also, even if he is sent back to jail for the rest of his...