Norman Scott Stewart's Answers

Shoplifting charges

In the state of Washington the theft of property valued at less than $250.00 is Theft in the Third Degree, a Gross Misdemeanor punishable by up to one year in jail and a $5,000.00 fine. These are, obviously, maximum penalties. The actual penalty imposed by a court as a result of a conviction for Theft 3 will depend upon a number of factors including the defendant's prior criminal history. Typically the court will impose the maximum sentence with some portion suspended on the condition that...

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Shoplifting

It is important that you speak with an attorney as soon as possible so that he or she can protect your rights. Under Washington law the theft of an item worth less than $250.00 is considered theft in the third degree, a gross misdemeanor, and is punishable by up to one year in jail and a $5,000.00 fine. An attorney will be able to ascertain the strengths and weaknesses of the government's evidence. He or she will also be able to determine whether the police violated any of your rights. For...

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How to get my suspended license back and cleared from my record?

In the stateof Washington a driver's license can be suspended for a number of reasons, and the reason for the suspension will impact the steps that you will need to take in order to get it back. Sometimes it is just a matter of paying a fee, but more often it is necessary to resolve an outstanding issue such as, amongst others, unpaid tickets, an uninsured accident, child support or a required alcoholdrug/ evaluation. You will also likely need to get SR-22 insurance. You should contact an...

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What happens when the reckless driving probation term ends?

Following a conviction a defendant in Municipal Court is typically sentenced and then placed on probation. The sentence will be either a suspended sentence or a deferred sentence. THe probationary period is usually for 12 to 24 months from the date of the conviction, but can be extended beyond these periods if the defendant fails to appear for any review hearings. During the probationary period the defendant is expected to comply with all conditions set by the court. On a Reckless Driving...

What is the punishment for 4th degree assault in the state of Washington?

Assault in the 4th Degree is a gross misdemeanor under Washington State Law with a maximum penalty of up to a year in jail and a $5000 fine. Typically there are additional conditions with any sentence including, but not limited to, anger management, alcohol and/or drug treatment, and order that the defendant have no contact with the victim. If the alleged victim is someone with whom the defendant has had a "domestic relationship" as defined by law, the offense can be charged as one of...

Deffered DV Case---What are my rights now?

First, if your felony charge was reduced to a misdemeanor it should not have affected your right to vote. With regard to the deferred sentence, under Washington law a deferred sentence allows a defendant to withdraw a plea of guilty and to enter a plea of not guilty after which the court may dismiss the charge. The manner in which the dismissal is requested and ultimately occurs differs, depending upon the court. You shoud contact an attorney, most likely the one who originally represented...

Sloppy police work for DUI

In a limited number of cases mistakes by law enforcement can result in dismissal of the charge. [such as where the officer lacked probable cause to stop the vehicle]. More often, an officer's actions can result in the suppression of evidence. In a DUI case the prosecution has certain types of evidence available including, amongst others, the defendant's driving, the officer's initial observations (bloodshot eyes, odor of intoxication, slurred speech, etc.), the defendant's performance on the...