William N Howell's Answers

I am currently a foster parent of my neice. Having a hearing to place her w/her Mom. What can I do to prevent (child is 13)?

foster parents have a voice in dependency proceedings, and should not be afraid to speak up. and the child, especially at 13 and older, has a viewpoint that the court is obligated to consider. but as the initial goal in such proceedings is to reunite children with safe parents, it is important to remain objective when reciting the troubled parent's deficits. asking the court to appoint a child's attorney and/or a CASA can assist the court in distinguishing the emotional wishes of extended...

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What is the age of consent in washington state?

dating an 18 year old, being 17 is not a problem. if you are talking about sexual conduct, then there may be legal hurdles to overcome, as sexual contact with a minor is illegal. but real consent and age proximity are factors-defenses- to criminal liability. so a consenting, mentally competent 17 year old can likely consent to sexual contact with an 18 year old so as to make that conduct noncriminal. facts and circumstances are critical, as are your jurisdiction's values. if you can, talk to a...

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What are the laws regarding arrest and questioning of a minor without a lawyer or parent present?

The answer involves both State and Federal law. Custodial Interrogation requires Miranda-type warnings, and if one asks for an attorney, interrogation is supposed to end. what is custody and interrogation for purposes of miranda "kicking in" can vary with the facts of an episode. the role of parent in this analysis may well be important, or not, depending on, again, the facts. a youth asking to talk to a parent who is also a lawyer might force questioning to end. some states do make parental...

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What can my husband expect from his 2nd DUII in 9-10 years for fines, jail time, DL suspensions-he took diversion 1st time.

so this would be the first duii where he faced conviction versus diversion. the consequence for every duii become more significant legally and practically. 10 years might be a threshold for some consequences but not for others. you recite facts that are important in a duii defense. hire an attorney specially qualified for duii defense and let them advise you.

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Accident leading to a felony assault charge...what should we do?

Mr Kaman is right. your court appointed attorney is likely fully qualified by experience and training to competently represent your brother. it must be said however that with retained counsel you may be able to access and benefit from resources less available to public defenders: private investigators, polygraphers, experts, mental health professionals. while public defenders can ask the court for the appointment of these professionals to adequately defend the client, judges are often tighter...

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I'm a victim of domestic violence and wanted to know if there was a way I can modify a no contact order?Should I retain a lawyer

if your husband has violated his probation on multiple occasions that means that he is not doing what the court and his probation officer have ordered him to do. if he has been convicted of a crime of domestic violence, then he is likely ordered to complete some form of batterer's intervention/counseling. these programs have a high rate of failure as the people in them have a difficult time recognizing their triggers and behaviors. their partners have the same difficulties but cannot be court...

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What are the statute of limitations for filing a theft one charge in the state of Oregon?

the statute of limitations in oregon is three years for a felony and two years for a misdemeanor. there are exceptions, permissible extensions, and periods of time when the clock stops(if the suspect hides or leaves the state, for example). the clock starts running when the crime is/should be detected. a warrant issued anywhere in the state of oregon can be executed throughout the state. still, if you believe the SOL has lapsed and the warrants issued illegal, be sure to tell you attorney so...

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I need to talk to a criminal defense lawyer in portland oregon

you might contact the oregon state bar. they have an attorney referral service and can help you find an experienced attorney to assist you.

What will my punishment likely be? Should i Bring a Lawyer?

until you see the charges against you are not going to know how to proceed. oregon courts and district attorneys make attractive offers to property crime offenders(both theft and unlawful entry are property crimes), even a time or two past their first. the state's lawyer is going to make you an offer. it may be an offer intended to be very attractive to you at your arraignment. you should, no matter what, ask whether you get/need to get an attorney. many a judge will candidly explain the risks...

What will my punishment likely be and should i bring a lawyer to trial?

many oregon courts and district attorneys make attractive offers to property crime offenders, even a time or two past their first. the judge and the state's lawyer are going to lay it out for you, and you should, no matter what, ask whether you get/need to get an attorney. if the district attorney charges you with violations rather than crimes you are not going to be entitled to court appointed counsel. your decisions will be your own, although you should be able to talk out loud with the court...