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David Kirshenbaum’s Answers

3 total

  • In a trial case if the victim doesnt show up to testify change he be charged with a crime?

    In Wa state

    David’s Answer

    Before the court is able to issue a material witness warrant they must be able to show that the witness was personally served with a subpoena.

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  • I got charged with a theft 3rd degree and got booked but was not held. The amount was worth $12 and they were grocery items.

    No prior record college student working 3 jobs Will this go on my record?

    David’s Answer

    Now of days, because of computer records, everything goes on your record whether you get convicted or not. If you get charged and you are able to work out a disposition where the case gets dismissed in a manner other than a deferred sentence then you may be able to get the information expunged from your record. The problem with digital records is that most people don't understand how to read them; so that even if your case is dismissed the charge still shows and a lot of potential employers will treat it as a conviction.

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  • Should I be worried about jail time?

    I received a summons on 10/23/12 to appear in Kent Municipal court on 11/08/12 for a disorderly conduct violation dating back to 2008. It says Expired BW in the bottom right hand corner and I'm not sure what that means. In the time since this vio...

    David’s Answer

    The bench warrant has most likely been outstanding for some time and is set to expire. The 11/8 date is for the court to renew it. If you appear at that time the court is not likely to put you in jail, if you don't appear there is a good chance the warrant will be renewed and you will get picked up on at a very inconvenient time. It is not likely that if you were found guilty of disorderly conduct that the court would sentence you to jail time, especially if you have spent the last 4 years constructively.

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