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Robert Perez

Robert Perez’s Answers

70 total


  • If i have a domestic violence protection order against someone and i dont show up can i get in trouble?

    I want to terminate the protection order but i dont trust his lawyer when he says he can work things out. i dont want to show but dont want to get in trouble either. What will happen to the paperwork and myself if i dont show? And what if i later ...

    Robert’s Answer

    You can usually abandon your petition without any legal penalty. I can't tell from your message what hearing you're referring to but, generally speaking, if a petitioner fails to show for a hearing on a protection order, the hearing will either be continued or dismissed, depending on the circumstances. I have never seen a petitioner get in any trouble for failing to show. If the court has ordered you to be present, however, you may need to comply with such a specific order but, again, I don't have enough information to assess that issue. Sounds to me like you should consult directly with an attorney who can answer all of your questions based on the specific facts of your situation. Good luck.

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  • What is the mandatory sentencing for a class c felon with 2 points in King County

    Will be attending an arraignment for VOSCA which may result in a 3rd point.

    Robert’s Answer

    There is no standard answer to that question because every felony is different. The way that sentencing works is that it is typically based on two factors: your offender score (2 pts) and the seriousness level of the offense. Seriousness level is a ranking that can be independent of the Class of felony. There are also other factors that affect sentencing.

    You see, sentencing is way too complicated to provide one-size-fits-all answers on a web forum. You should consult with your attorney to find out what your particular case presents. Good luck.

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  • Is this admissible in court i.e. is it non-testimonial.

    Police asked Offender in DV case what happened and did she hit the alleged victim. She said yes. This is before miranda rights were read. As this was part of establishing whether there was probable cause and whether a crime was committed after the...

    Robert’s Answer

    As this is a statement from the defendant, it's an admission and not hearsay. One question will be: was this a custodial interrogation (requiring Miranda)? I think most judges would rule this an investigative questioning and not custodial, but the answer will be quite fact dependent.. Defendant can rand should equest a 3.5 hearing to litigate these issues.

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  • Charged with DV Harrassement - Can "Victim" Sue Me If Convicted?

    I was recently charged with DV harrassment and neither myself nor the supposed "victim" have any witnesses. My record is completely and totally spotless and frankly i'm not sure why this even went to court. The "Victim" and her ex (whom she ...

    Robert’s Answer

    There's nothing stopping the alleged victim from filing a civil complaint against you for monetary damages. There are a number of potential civil claims that could be made, whether you are convicted or not. The fact of a criminal conviction can help such a civil case against you, but an acquittal may not be helpful to you in defense of a civil claim (because of the much higher standard of proof required in a criminal case. It's entirely conceivable that someone plotting to gain a civil judgment against you might seek a criminal conviction first to benefit their civil case. This should provide your criminal lawyer with a good motive to argue for their fabrication.

    DV cases for Harassment are often crazy. The best advice anyone can give you is to consult an attorney experienced in DV matters as soon as possible. Don't rely on online opinions, take this serious before it develops into a life changing result. Good luck.

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  • Can Class B Felonies before 7/1/1984 be removed from your record?

    My father has a Class B felony that he was convicted of 40 years ago when he was only 20 years old. He is now 60 years old and I want to help him vacate his felony conviction. He did not serve any prison time, he was however on parole for 2 years ...

    Robert’s Answer

    Vacating a criminal conviction is not typically difficult if one is eligible, but there are complex rules that surround the requirements and the timing and those requirements have changed significantly over the years, particularly around that time period, when most states changed from indeterminate to determinate sentencing. You really shouldn't rely on online advice for this type of thing. Seek out the advice of a criminal defense attorney in whatever jurisdiction your father's conviction occurred. Good luck.

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  • Will be probation dismissed together with dispositional continuance?

    While reading Agreement to continue case for dismissal, the judge checked Probation appointments check boxes. Why did she mark them in the last moment? Will it be dismissed in one year? Was it worth fighting for not having probation? What can be ...

    Robert’s Answer

    It sounds like you received what is often referred to as an SOC (Stipulated Order of Continuance). If that's the case, someone typically has to monitor your performance of the stiuplation's requirements and the judge will sometimes have the probation department do this. It does not necessarily mean that you are on probation, you won't have a probation officer, for example, but it is a way for the court to have the conditions officially monitored.

    For a more complete and accurate analysis, you should speak with your attorney about this and not rely on online answers that are necessarily general in nature and not able to deal with the specifics of you situation. Good luck.

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  • Dectives told me on phone that they have probable cause to arrest me, and to turn myself in.

    They havent charged me with a crime, and there is no warrant for my arrest. They just want to meet me to arrest me without explanation of reasons why. Should I turn myself in ?

    Robert’s Answer

    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.

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  • Can I get off probation early??

    I'm on probation for burglary and theft from almost 10 years ago but I'm still on probation for I think another 7 years. I'm not a violent or sex offender and all my restitution is paid off. Can I get off probation early some how so I can get on w...

    Robert’s Answer

    It's surprising to me to hear that you're still on "probation" after all that time. There may be some other community custody-type of supervision that is still in effect, but this is not likely to be something you can get resolved through online advice. You need to sit down with your lawyer and review the actual status of your matter to find out what obligations, if any, remain and what can be done to terminate them. I've had success gettting probation terminated early with the right facts, but it is very fact dependent.

    Before you go directly to your "probation officer" to discuss this, I would advise you to seek counsel and have them help with the presentation. There's no way of getting around the need to have accurate data about your situation before you attempt to make any modifications. Good luck.

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  • My boyfriend is in jail right now for violation of a no contact order. How long are the sentences?

    My boyfriend is in jail and has been since 6/26/10. I do not want this order, a past roommate has been making trouble for us for a long time. I have tried for about 1 and a half years now to remove this order. He is now incarcerated for FELONY ...

    Robert’s Answer

    • Selected as best answer

    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 sense in the context of the case. Your boyfriend has a Constitutional right to the lawyer of his choice so he is free to hire private counsel if he wishes.

    The primary difference between a public defender and a private lawyer is that the latter has a greater *potential* to have more time and resources available to devote to the case. This doesn't always happen, you have to choose wisely, but the biggest issue facing public defenders is that they are vastly overworked and under resourced. This doesn't mean that every public defender is less available than every private lawyer, at the end of the day all lawyers have to learn how to budget limited resources. The odds are simply better that you'll get more time and resources if you choose wisely and can afford a private lawyer with a limited and well-managed caseload. But don't assume it's automatic. It's not.

    Good luck.

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