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Jonathan Dichter
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Jonathan Dichter’s Answers

229 total


  • I got a notice from court stating "DV-ASSAULT 4th Degree"

    My Wife went to a police station and filed a report and asked the officer not to press any charges against me , but the public prosecutors decided to press charges against me . She email the judge , the prosecutor handing case on basis of her rep...

    Jonathan’s Answer

    • Selected as best answer

    You absolutely should hire an attorney.

    You are charged with Assault in the 4th Degree which is a gross misdemeanor punishable by up to one year in jail, and can also have consequences on your immigration status (i.e. you could get deported).

    Contact an attorney immediately and they can help you answer your questions.

    Call 425-424-9401 for your FREE CONSULTATION.

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  • I have a assault dv and have not been in trouble in 14years what can happen? how much time can i get?

    i have a open assault dv case and i have not been in trouble in 14yrs at all what can happen to me?

    Jonathan’s Answer

    Generally speaking, Mr. Ashbach is correct - although one clarification from Ms. Powell's answer. If this is a misdemeanor assault, you are eligible to have it vacated after a period of time. It's just longer than normal.

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  • If you are charged with DV- MALICIOUS MISCHIEF- 3PHYS what does that exactly mean?

    If the person being charged with this has a DUI/posession charge from previous years and is currently under probation for that, how will this charge affect the probation. How can someone be charged for the above if neither the defendent or victim ...

    Jonathan’s Answer

    The charge you are referring to is Malicious Mischief in the Third Degree - which basically involves damage to another's property. If the person is already on probation, then this could have a VERY serious effect, as it's another gross misdemeanor charge carrying it's own penalties of up to one year in jail and/or a $5000 fine.

    The defendant should consult with knowledgable counsel immediately.

    Feel free to call me for your FREE CONSULTATION at 425-424-9401

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  • Is this weeks decision to re-allow BAC results in King Count courts retroactive to tests taken in 2009

    I blew a .080 and .079 in 2009 and am still fighting the charge. Am I correct in believing the results are unadmissable?

    Jonathan’s Answer

    The question you've asked is the million dollar one. Everyone can read the decision differently - but the big question is WHEN in 2009 did you take your breath test. If it was in December, that will make a huge difference. The court declined to tell us what the "date ranges" of admissible and not-admissible BACs were. So it's open for interpretation and argument.

    Are you working with an attorney? You should discuss it with your attorney. If you don't - feel free to call me for your FREE CONSULTATION at 425-424-9401.

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  • After being found not guilty in dist. court, can i appeal the dol hearing against me.

    I was arrested for dui june 20th. throughout the i asked for an attorney twice. At the suppression hearing the courts found in favor of myself and suppressed all evidence from the first aasking for an attorney, this started at the PBT. I went to t...

    Jonathan’s Answer

    Mr. Rands is generally correct - UNLESS your DOL decision came to you less than 30 days ago. You do have the right to appeal a DOL ruling within 30 days of the decision - however - the fact that you were found "Not Guilty" is generally not grounds for appeal.

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  • When I was 17 I received a negligent for driving intoxicated and now I am about to receive a DUI. Can I defer it?

    I received a negligent when I was driving intoxicated when I was 17 and now I am about to receive a DUI. Its been 5 five years since my last incident and from what I have read online this one will count as a second offense.. My question is, will I...

    Jonathan’s Answer

    Whether or not you're eligible for a deferred prosecution on this DUI isn't the question. The question is whether or not a deferred prosecution is a good idea for you in the first place. You need a skilled and qualified DUI attorney to help you both with court and with the DOL sanctions that may be pending against you. Feel free to call for your FREE CONSULTATION at 425-424-9401.

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  • I need a BAC expert in Washington

    Can somebody recommend a BAC expert in Washington

    Jonathan’s Answer

    If you are looking for an attorney who is an expert at challenging BACs, you will have a hard time finding one. In Washington we are not allowed to say we are experts in any field. That being said - if you are looking for a skilled DUI attorney, you can look at the National College for DUI Defense, as well as Avvo ratings. The right attorney will be able to hire the right experts, if they are needed. Feel free to call me for a FREE CONSULTATION at 425-424-9401.

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  • How many years can Washington state go back in your records searching for prior dui offenses?

    NEGLIGENT DRIVING 1 IN 2003 AND STOPPED FOR DUI 2010 (PENDING) Two similar offenses over ten to thirty years ago...

    Jonathan’s Answer

    Both of my colleagues are correct. For mandatory minimum sentencing purposes - seven years from the date of ARREST is the timeline - however - the two priors can still be taken into account in negotiations and/or sentencing if it becomes an issue. If you need skilled DUI help, feel free to call for your FREE CONSULTATION at 425-424-9401.

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  • If I don't have an attorney at my arraignment will I be able to talk to a public defender before I see the judge?

    wondering about if I will be pleading before I talk to a lawyer and is it possible that they will make me post a bail then?

    Jonathan’s Answer

    If your arraignment is in Everett - there won't be a prosecutor there, so you won't be able to plead anything BUT not guilty. Most judges won't accept a different plea at arraignment anyhow. There will, however, be a public defender there to assist you.

    If you're considering hiring a private attorney - feel free to call me for your FREE CONSULTATION at 425-424-9401.

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  • Can a bail be set at my arraignment?

    was arrested 5 month ago for DUI and have to go to court now. I was just released after being arrested pending the results of blood draw. The results must show drugs. Can they impose a bail at my 1st arraignment

    Jonathan’s Answer

    Mr. Leo is correct - it's not a usual occurrence - but it IS possible. However - one thing to consider is whether or not you have any prior criminal history. Assuming you don't - then you're likely safe. If you DO have criminal history - you really need to make sure you have a skilled DUI attorney with you at your arraignment. Feel free to call me for your FREE CONSULTATION at 425-424-4901.

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