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Scott Weymouth Lawrence's Answers
Contributor Level 15
- 807 Legal Answers
- 7 Legal Guides
3
Attorney answers:
Criminal: Separating Witnesses?
In general, witnesses are not allowed to talk about the facts of a case with each other prior to trial. Cross-examination of the witnesses at trial is intended to flesh out any possible fabrications. It is also standard practice at trial to exclude all witnesses who have not yet testified (or may be recalled after testifying) from the courtroom for the very reason you note. It is also normal for the judge to warn the witnesses not to talk about the case when outside the courtroom....
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4
Attorney answers:
I had a DUI and was on Deferred Prosecution until today. I missed 3 once a months due to a back injury. What happens to me now?
The court, not the treatment agency, decides whether or not to revoke the deferred prosecution. The court is required to revoke if you have a new conviction or violate certain terms of the agreement. However, being removed from treatment is not necessarily one of those reasons (depending on why you were removed). If the court has not revoked the deferred prosecution you may still be able to convince the court to let you continue in the program. Getting re-enrolled in treatment or finding a...
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3
Attorney answers:
Will I lose my deferred prosecution and go to jail if I get a criminal trespassing charge 2nd degree in another county?
When you say the charge of Criminal Trespass was suspended I assume you mean you plead guilty and the jail time and much of the fine was suspended. That means you have several things to worry about. First, if probation is still open on the first DUI and you violated one of the conditions (such as no law violations or no consumption of alcohol) the court could impose any or all of the suspended jail time (364 days?). Second, if the Criminal Trespass was alcohol related the court is...
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4
Attorney answers:
Confidence interval analysis
Have you discussed appealing the judge's decision with your attorney? You have 30 days the file an appeal. On the little facts you have presented here I would say it is likely that you have a strong appeal issue. It seems that there may have been reversible error and that you were prejudiced by this error. Confidence interval analysis is not in it's infancy. It is significantly older than the breath testing science the State is relying on. A confidence interval is simply a statisticians way...
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2
Attorney answers:
Foreigner DUI - Will I ever be able to come back to the US without being arrested?
1) that depends on what you mean by handle the whole thing. if you want to get new court dates you can arrange to post bail or hire an attorney to make a motion to quash the warrant. You will have to appear if you want to resolve the case. 2) No, if you cannot wait out the warrant. The warrant will have an expiration date but can be renewed indefinitely. 3) Maybe. Not everyone with a warrant gets arrested at the airport, but it does happen. It's a roll of the dice.
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5
Attorney answers:
First time DUI
First of all, NO ONE EVER PASSES THE FIELD "SOBRIETY" TESTS. These tests are voluntary and there is no reason to perform them. They can only hurt you. Please don't offer any evidence to a police officer without talking to an attorney first. Second, in Washington State pretext stops such as the one you describe are illegal. Until recently the burden of proof required to prove the stop was pretextual was insurmountable. However, recent caselaw is helpful and allows the court to use common...
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7
Attorney answers:
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How do I best defend a dui arrest?
When it comes to a DUI case, there is only one possible answer to this question. This is not a traffic infraction or other type of case you might be successful defending on your own. DUIs are very complicated cases, involving professional witnesses and scientific evidence. Get an experienced and aggressive attorney that fully educated in DUI defense. Every DUI case is different, but the principle is always the same. Fully investigate the facts, the caselaw and any potential defenses....
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3
Attorney answers:
If I go to Alaska without permission from my probation officer on a DUI case and I get a warrant will they suspend my licence?
The Interstate Compact strictly prohibits you from moving from one state to another when on probation for certain charges (such as a second or subsequent DUI). If you move out of State without approval (or prior to approval) you will be in violation of your probation. You will be summonsed into court and, if you do not appear a warrant will issue. This warrant can cause your license to be suspended. Not meeting the requirements of Washington DOL can also result in your license being...
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2
Attorney answers:
6 year old unpaid speeding ticket in Washington. I'm Canadian. Any problems crossing the border if I do not drive in the US?
A traffic ticket is a civil matter, not a criminal matter and you cannot be arrested simply for not paying a ticket. Instead, when you don't pay a ticket in Oregon (or Washington) your privilege to drive will be suspended in that state. Both States are members of the Interstate Licensing Compact (which includes almost every State) and each will honor the other's suspension. If you drive in any State where the suspension is honored you can be charged with a crime. In Washington that...
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4
Attorney answers:
Can a deffered be pulled if I get another convition?
Yes. You're deferred prosecution can be revoked for new criminal law violations that occurred during the deferral period. The court has the authority to consider any violations for the entire 5 years. Because the courts jurisdiction lapses at the end of the deferral period you should be given notice of the alleged violation prior to the five years. It sounds like that happened in this case. The next question is whether the court will revoke the deferred. In order to revoke, the court...
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