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Robert Perez's Answers
- 69 Legal Answers
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3
Attorney answers:
My boyfriend is in jail right now for violation of a no contact order. How long are the sentences?
It's impossible to answer the question regarding the likely sentence without knowing more about your boyfriend's criminal background history, and more detail regarding the alleged incident and the reasons for the existence of the order in the first place. Sentences can vary from probation to years in prison, it's not something that is easily answered in the abstract. Your boyfriend's lawyer should be able to analyze all of this and provide your boyfriend with a number of options that make...
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2
Attorney answers:
Theft of an firearm
Yes, the matter's going to have to be resolved wherever the warrant was issued. Typically, a local attorney can get a hearing before a judge and make a case explaining why the matter went to warrant. If the reasons are good, the judge will often simply quash the warrant and put the matter back onto the criminal case calendar. There may be a small fee (e.g., $75). Once the case is on the regular calendar, the attorney can then work toward resolving the case in a way that doesn't interfere...
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4
Attorney answers:
What kind of proof do you have to have to convict someone with Rape in the second degree in WA state?
Another important point to consider is that Rape 2 is a crime that is subject to "determinate plus" sentencing. The Sentencing Reform Act was part of a nationwide effort to eliminate the old parole system, where people used to be sentenced to an indeterminate term and then released by a parole board when the parole board felt it was time. That resulted in wildly disproportionate sentences for people convicted of the same offense, and usually worse for persons of color or lack of means, for...
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2
Attorney answers:
Shoplifting groceries in Seattle.
That is an unusual response to a shoplifting allegation. It's possible that your friend had some other reason for being arrested, such as an outstanding warrant. It's also possible that something occurred during the police interview that caused police to make an arrest on some additional, new charge. Your friend is clearly going to need an attorney. There are a lot of ways to fight theft cases, and if Whole Foods is ambivalent about whether or not to press the charges, there may be an...
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1
Attorney answers:
I want to be a police officer, my felony was sealed/expunge- why can't i get a job as a police officer? a class C felony in 1997
You have a significant challenge ahead. Record clearances are only minimally useful in this post-privacy world where anyone can dig up historical information from the Internet, particularly with government jobs that provide greater visibility into applicant backgrounds. Depending on the nature of the felony involved, it's hard for me to imagine any law enforcement agency being open to hiring a police officer with a felony conviction. It might be possible, but I haven't seen it happen. I...
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3
Attorney answers:
Dectives told me on phone that they have probable cause to arrest me, and to turn myself in.
Do NOT speak to the police and do not go down there alone. That is the single most important piece of advice that any lawyer can give you. Get a lawyer and coordinate a peaceful self-surrender that will avoid surprises in the middle of the night or on the street. Nobody wants that, you don't want it, police don't want it, they will be happy to work out something with your lawyer. Good luck.
1 person marked this answer as helpful
1
Attorney answers:
Can the violation of no contact order sentence be reduced?
It's not clear from your message what stage of the proceedings are pending against your boyfriend, but these are complicated questions that really require an attorney to sit down and analyze in some detail after asking a number of critical foundational questions. This really isn't something that can be answered in the abstract online. Have your boyfriend go over this with an attorney face-to-face asap. Good luck.
1 person marked this answer as helpful
3
Attorney answers:
Seattle - Misdemeanor case (Harassment) Does it have to be unanimous to be "guilty"?
Yes, in criminal cases in Washington state, all verdicts must be unanimous. In the type of case that you describe, there are only two possible verdicts: Not Guilty and Guilty. If any juror fails to vote Guilty, no conviction can result.
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1
Attorney answers:
I owe about 10 grand in restution for a stupid mistake I made in 1994.I am a felon.
Courts routinely have to deal with defendants who owe Legal Financial Obligations (LFO's) but can't pay them immediately. There is typically an option to make payments, often through a 3rd party business that collects money for the government. If you don't have any income at all, this should have been noted at time time of your sentencing and dealt with appropriately. You should speak to whatever lawyer represented you in the proceeding to find out what your options are at this point. If...
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3
Attorney answers:
Unknowingly took a gun through screening at sea tac
I don't have much to add to counsel's excellent answer, but it should be noted that if you are convicted of the Class C felony, you will lose your right to own or possess a firearm. There are a number of ways to avoid such a result but that's something you'll need to discuss with your attorney. Good luck.
1 person marked this answer as helpful