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Diane Kathleen Whaley
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Diane Whaley’s Answers

15 total


  • I've been charged with two misdemeanors. Do I need an attorney to pursue a deferred conviction or something similar?

    This weekend I went to Ruby Beach in Washington with the woman I'm seeing (B) and her best friend (G). I'm 25, B is 23, and G is 19. G and I were both charged by a park ranger with two federal misdemeanors. G got possession of a controlled substan...

    Diane’s Answer

    Yes! You definitely need to speak with an experienced attorney that can look at the facts of the case and figure out what your best options are in fighting or resolving this case. Depending on which court you are required to appear in will dictate whether a deferred sentence or something in the alternative that would allow for a continuance to dismissal would be offered. Your options are dictated commonly by the jurisdiction, prosecutor, and court policy on alternatives. An experienced lawyer can educate you about that specific court and advise you on what is in your best interests so as to hopefully not affect your occupation.

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  • If a no-contact order has been issued prior to charging, that order shall expire at arraignment or within seventy-two hours if .

    RCW 10.99.040 (5) If a no-contact order has been issued prior to charging, that order shall expire at arraignment or within seventy-two hours if charges are not filed. Is this information accurate? A no-contact order has been iss...

    Diane’s Answer

    Likely not. More information is needed but if I'm reading into this correctly, it sounds like another party (your ex) served you with a protection order possibly and not a criminal no contact order. If that is so, this section would not apply. I believe this section is intended for a no contact order that has been issued in a criminal court at first appearance when bail is set. It remains in place until the defendant is arraigned or until expiration if no charges are brought by the prosecutor's office.

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  • If the they cant prove burge2,because charges are false would that make the search bad and cancel the other charges it led 2?

    Was pulled over for suspicion of stolen property,I let them search car to speed things up,they did find a small amount of drugs.they filled charges for burg 2 and possesion of controled sub.

    Diane’s Answer

    Possibly!! There are rules and boundaries that police must follow before having the ability to contact you in the first place. It may depend on whether the original informant of the allegation regarding the stolen property (burg 2) was anonymous or identified. An attorney would need to assess whether there was reasonable and articulable suspicion of criminal activity, are there objective facts to rely upon, etc. If it is an informant tip, is there sufficient "indicia of reliability." This may lead to questions such as was the officer able to corroborate the information. With a number of legal criteria to review that is so case specific depending on the facts of the case, it is really important to speak with a good attorney that can take a hard look at whether any subsequent points of that contact and search may be suppressed. Even if the initial stop was good, a good attorney would need to look at the exact verbal discussion that took place when permission was given to even search the car.

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  • What is the actual and complete legal proceedure the cops and ci's are suppose to follow when they are conductioning a buy

    i am faceing delievery charges with school bus stop enhancements because a person did a buy on my ex shes blaming me by saying i answered the phone and said yeah come over and i left ...shes saying i made her do it but anyways i met with my court ...

    Diane’s Answer

    After viewing many CI cases, there can be portions that are unmonitored. However, during the actual transaction, usually I see controlled procedures. There may be portions, however, that the police don't record nor see. Its not usually a large amount, but it can happen. The fact that you have a he said, she said scenario gives you the ability to testify at trial if needed to put context to the situation. I would think that you also have room to poke holes in the case. You should ask for an appointment with your attorney and walk through these scenarios.

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  • Can a person be charged with a burglary when entering a home he leases a room at?

    My friend rents a room in my home. He got drunk so I locked him out. He tried to gain access through an unlocked window. When I saw him trying to get in, he grabbed my arm and we argued loud enough for the neighbors to call police. The cops as...

    Diane’s Answer

    The State holds a lot of power once a statement has been given by a potential witness.
    Even though you have told the State the truth, the State can make the choice to use your statement to attempt to impeach you to try and move forward if you were to take the stand at trial. A good defense attorney is necessary in order to properly defend your friend and it sounds like you may benefit from talking to a good attorney as well so that you can know what your rights are as a potential witness.

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  • How can I be charged with a delivery charge when I wasn't there

    my ex sold to a ci on two different accounts i wasn't there for either buy even the ci admitted i wasn't there but shes saying i made her do it and cut a deal with the prosicuter to testify against me for a lesser charge nowsince i denied their pl...

    Diane’s Answer

    The criminal system is very much a he said, she said system. If the ci is claiming that you made her do it, then you need an experienced attorney to prove that you had no part in it. The State has the burden of proving each and every element beyond a reasonable doubt. Just because you are accused of the crime doesn't mean the State will prevail. There may also be an accomplice liability aspect to this case which means that you may be accused of assisting, aiding, or encouraging in some way without actually being present and can be charged equally as a codefendant but there is a lot more information needed in order to assess this situation. I highly recommend you contact a good criminal defense attorney to look over the discovery in this case upon retainment and give you solid legal advice on how the State can bring these charges and what you need to do to properly defend yourself.

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  • How much time would you say these individuals would get for the crime?

    A judge found probable cause to support allegations of three counts of first-degree robbery and one count of first-degree burglary against all three suspects. Six occupants of the mobile home were ordered to lie on the ground at gunpoint while...

    Diane’s Answer

    • Selected as best answer

    Robbery in the first degree carries a range of 77-102 months in prison with 6 points assuming each of the suspects has no other felony criminal history to contribute to whats called a point system when calculating ranges for felonies in Washington. Burglary in the First Degree with 6 points carries a range of 57-75 months in prison again assuming no other felony criminal history. The State could add a firearms enhancement of five years hard time on each count which would run consecutive to any prison range and to each other. Even if a suspect is not holding the firearm during the incident, the others could be charged as accomplices and could face the same amount of time as the person who held the gun. That all depends on the facts of the case and how the law is applied under accomplice liability. Their lawyer could negotiate much less time to a different crime which could affect their points and range. Also, if any suspect has prior felony history that will change the range for themselves. This is a three strikes and your out state so if there are two strikes previously, a third strike could mean life in prison.

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  • My brother was on probation and caught a DWI charge. His parole was revoked, basically pending out come of the die charge. At

    the revocation hearing the arresting officers testified that they could not place my brother driving vehicle, they arrested him because the motorcycle was down on ground when they got there, there was my brother was not far away with a group of fr...

    Diane’s Answer

    As to how this is going to proceed will definitely depend on what your brother decides. His lawyer needs to advise him of his options here. There are different standards of proof depending on whether you are at a revocation hearing and whether a case goes to trial. His attorney will need to explain to him the different standards and the chances he has of winning at trial based on other evidence that may be in the police report. It is his absolute right to testify that he was not driving and let the jury decide whether there is proof beyond a reasonable doubt as to whether he was truly driving. A good attorney is best to assess the situation so that your brother is well educated on his options. She may not be wrong here if she's advising him that his consequences will be substantial if he loses at trial. Sometimes people resolve short of trial even if they didn't do it so as to avoid risk of jail time, license suspension, etc. It sounds like your brother needs a lawyer he can fully trust to be educated. Either encourage your brother to sit down and have a good meeting with his lawyer to fully discuss this if he is feeling leery at all about how to proceed or if he does not have faith in the advice he can consider hiring a good private lawyer to educate him.

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  • Theft 3 case (I have no conviction record until now)

    I was caught shoplifting an item below $300 at Neiman Marcus in Bellevue, and I'm looking for an attorney who has experience dealing with Neiman Marcus in Bellevue on misdemeanor case to get civil compromise or something successfully to have the c...

    Diane’s Answer

    Just because a store doesn't generally do a civil compromise doesn't mean that they will NEVER do a civil compromise. Under the right circumstances, a private attorney can contact a store and explain why the client's circumstances are unique to give it a best shot approach in doing a civil compromise. You need a good lawyer to explain what approach to take in at least making the attempt. In the alternative, there are other options to try and accomplish the same result. However, it may be a little more costly such as a fine, court costs, or probation costs. The civil compromise is a good first approach to take if possible and then explore other options. I highly encourage you to contact a good lawyer.

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  • Can I do anything if my uncle falsely accused my grandmother of stabbing him and got her arrested

    false domestic violence claim

    Diane’s Answer

    Make sure to gather as much information as possible to provide to a good lawyer on what you know about the situation. You can work with your family to either retain an attorney for her or she can screen for a court appointed attorney. Gather any reputation evidence you know of about your uncle that may prove he is not a truthful person. Do people in the community know he's untruthful? If so, gather up those names and give them to your grandmother's lawyer.

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