Scott John Terry's Answers

Can client secretly tape record his atty. at meetings & use such as evidence to prove the atty. lied about representation?

In Washington, it is illegal to make and secretly record anybody (audible recordings) without their knowledge and consent. Other states allow it. Video recording (without sound) someone without their knowledge is not illegal. If you have reservations about your attorney's integrity, you should seek new counsel.

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Do other countries have any access to criminal history of people in USA?

I'll answer your questions in the order you posted them: 1) I don't know what access France immigration agency has to your criminal history. Since they have a consulate in the US, I would assume they have access to your criminal history here. You plead guilty and later the case was dismissed. I don't know what jurisdiction this occurred in so it would be difficult to speculate how it would show up. Usually, once a case is dismissed, it is no longer a conviction. You may have been given a...

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Can an attorney get a Robbery 2 conviction reduced to a misdemeanor?

My colleagues are correct, the time to work for a reduction would have been prior to a plea. Once convicted, there is no reduction. He will have to look for other post conviction options. Having the matter later dismissed and vacated is also currently not an option as Robbery 2 is on the list of "crimes against children or other persons".

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A former employee committed theft and forgery against my company. She was convicted and sentensed to jail for 30 days.

My colleague above gave a very good answer. Generally, service of legal pleadings and formal questioning on a witness stand does not count against a not contact order. If you want to remove the matter from small claims to a regular district court civil case - hire an attorney. Attorneys, by rule, are not allowed to participate in small claims matters without special permission from a judge. It is unlikely an attorney would represent her on the matter, once he or she learned the claim had no...

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How long does it usually take to be arrested after an embezzlement investigation?

The prosecuting attorney has up to 2 years (if it was a misdemeanor) or three years (for a felony) to file charges. Assuming the prosecutor has sufficient basis to file a charge they could file anytime within that period. Because an embezzlement charge is not a crime of violence and the perpetrator doesn't pose an immediate threat to society, it is not a high priority crime to file right away. Because of budget cuts and staff reductions, I have seen a trend, at least in Pierce and King...

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Court clerk made a mistake on dropping fellony to mistameanor and dident do it wehat can i do

Mistakes like this occur on occasion, and they can be corrected. Oftentimes it requires obtaining the original plea paperwork to show what crime you actually plead to. If you hire a competent attorney who is familiar with the necessary procedures, your problem may be remedied fairly quickly. If all paperwork has been lost, you still may be able to have the crime dismissed and vacated, assuming it was not a violent crime and you complied with all of the conditions of probation. You should...

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Is it illegal for a witness to stay at a person who is charged with a crime's families house?

Witness tampering is illegal. Generally, witness tampering occurs when the defendant or someone else attempts to influence the testimony of a witness (i.e. to influence them to testify to something other than truth or to ignore a subpoena). A court may order a defendant to have no contact with any witnesses in their case as a pre-trial condition of release. Absent such an order by the court, a prosecutor has no authority to dictate to a witness what they may or may not do or with whom they...

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What Happens When A Case Is Deferred And Why?

It appears from your question that a prosecutor may be offering to somehow reduce the charge to a misdemeanor (either attempted felony harassment or misdemeanor harassment) with a recommendation of a deferred sentence. If this were the case, it would require a plea of guilty to the amended charge but with the sentence being deferred for up to two years on certain conditions. If the conditions are met, at the end of the deferral period, you withdraw your guilty plea and the case is dismissed....

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My boyfriend was convicted of 1st degree child molestation in 04 do we need to disclose this on a rental application?

Without knowing what disclosures are requested, your question is difficult to answer. If it asks if either of you has been convicted of a felony - then yes. If it does not ask for any such disclosures, then most likely not. Without further information as to the requested disclosures I cannot give a better answer.

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What is the average time for gross misdemeanor?

My colleague is correct. Being a first time offense, however, oftentimes the main concern isn't how much time you might get, but rather, what can you do to keep this off your record. Again, it is important to contact an experienced and competent attorney who is familiar with the court and prosecutor who will be handing the case in order to provide the best defense possible.

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