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William Karl Kirk

William Kirk’s Answers

35 total

  • Is using a sex buddy site and meeting people for sex legal? (for free NOT paying for it)

    I'm thinking about joining a sex partner site, where you can meet people who want to meet just for casual sex, at no charge. I just want to make sure this is not considered prostitution or illegal in some way.

    William’s Answer

    To reiterate the sentiments of my good friend Mr. Wagnild, there is nothing illegal about that so long as the ages are correct. The morality and/or safety of it is for another discussion, but so long as no money is exchanged, and they're all consenting adults, you are probably good to go.

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  • Double Jeopardy appeal worthwhile

    I was convicted of a felony and a misdemeanor for 1 single act. I had a public defender and therefore was allowed to get an appeal attorney at no cost (unless I lose). The appellate attorney feels there is a good chance to win at appeal but advi...

    William’s Answer

    I agree with the previous posts that if you win on appeal its free, and if you lose, you owe money. That is not how the system works. I would consult with an independent appellate counsel to first find out if what you have been told is the true state of the law. In essence they're saying that we know you can't afford a lawyer, but we'll give you one for free. And if you win, its still free, but if you lose, you'll have to pay. Where does that money come from if you were already found to qualify for an attorney at no cost?

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  • Can I sue the court or police department that completely mishandled my DWI case? All charges were eventually dismissed.

    I was arrested on felony DWI charges in 2005 & pled guilty to a misdemeanor charge with the condition that I would complete drug court. I eventually quit drug court (due to extreme personal bias against me - I have a long history with the police c...

    William’s Answer

    Police officers and the Court has very limited liability that you can pursue a civil action on. It typically requires a blatant violation of your civil liberties. Negligence or sloppiness in the investigation typically does not create a cause of action. In fact, their negligence and sloppiness appears to have benefitted you by the dismissal of the action. I agree with my colleagues here that you should contact a civil attorney for a more thorough review of your case.

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  • SCRAM DILEMMA

    if my scram device is interfering with my employment is it possible to have it removed? they told me i could not come in contact with cleaners that have alcohol or it could be considered a violation, but it is necessary to use such cleaners where ...

    William’s Answer

    You need to contact a local attorney immediately. In my jurisdiction, certain exceptions can be made due to hardships or other factors that makes it impossible to comply with a SCRAM order. This will also depend on whether or not this is a pre-trial condition of your release, or a condition of your sentence. Contact a local lawyer now.

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  • Does a high BAC and an accident (no injury, crashed into a tree) affect the fine/sentence of my DUI?

    I was arrested for DUI around, 11:30 pm. I lost control of my car and crashed into a tree, I wasnt injured nor was the tree (or anyone else), my front axle broke so I called my girlfriend to come help me. the CHP arrived before she did, they asked...

    William’s Answer

    Nearly all jurisdictions have stiffer penalties for higher BACs. I know off hand that California does so and also will slot you into a treatment program, not necessarily based on clinical needs, but instead through a cookie-cutter format that takes your BAC into account. I highly recommend you contact a local attorney immediately.

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  • To what benefit will be had with my attorney writing and sending in a mitigation letter for my DUI?

    This was my first DUI, and hopefully last. I blew a .106 and after he went over the police report and DVD, he attempted to ask for a plea agreement with the prosecutor. He told me, that the police chief is really tough and doesn't allow plea agr...

    William’s Answer

    You have to rely on the expertise of your attorney and his/her familarity with that jurisdiction. If your attorney is requesting to do this, I have a hard time believing that there is no value to this. Often times, when legal and factual issues do not bring about plea bargains, mitigating factors can make all the difference. I expect that your attorney is doing the right thing here.

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  • When are they suppose to give you the breathalyzer?

    When is the arresting officer supposed to give you the breath test? At the time of the arrest or a while afterward?

    William’s Answer

    The evidentiary breath test, conducted on a BAC DataMaster, will be conducted after you have been arrested at the station. A lawful arrest is a prerequisite to a request for an evidentiary breath test under RCW 46.20.308. While there is the "two hour rule" which states that a test must be conducted within 2 hours of driving, a test taken after two hours can still be used as "other competent evidence of impairment" under RCW 46.61.506 and RCW 46.61.502. Typically, a test is conducted at a station approximately an hour after you have been pulled over. The test given on the side of the road (PBT) is not the evidentiary breath test, but can be used by the officer in making an arrest decision.

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  • If deferred sentencing is revoked and you are sentenced to time, do they terminate the unsupervised probation as well?

    I was on deferred sentencing for DUI/minor possession marij pending completion of a 2 year treatment program. I landed another charge and my deferred sentencing was revoked and I was sentenced to 30 days for the charges. Since deferred was revoked...

    William’s Answer

    I agree with Mr. Blair that the terms of your probation should have been made clear to you. Since this is probably a District or Municipal Court matter, "active" probation, in many jurisdictions, is typically ordered when treatment of some sort still needs to be monitored. But like many of the other answers indicate, you should contact your attorney immeidately and get to the bottom of this. You certainly don't want to be missing any probation appointments.

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  • What are the chances of beating my DUI case? How do I beat my DUI case?

    I was pulled over for speeding and was arrested for DUI. I could not pass the sobriety tests. I was not tested on the breathalyzer when arrested. I was tested at the station probably an hour and a half after the arrest. This is my first offense I ...

    William’s Answer

    You definatley need competent legal counsel. This could be a difficult case due to the high breath test, however breath testing is far from an exact science. "Tolerance" is not at issue due to the fact that being over the legal limit is a "per se" violation of the law. It would not be proper to argue that since you have a high tolerance, the numbers are meaningless. However, if the breath machine (DataMaster) indicates a very high number, and you do not exhibit signs of impairment, that could be used as ammunition against the accuracy of the breath readings. Finally, while having a "high tolerance" is a badge of honor in college, be very careful about disclosing this fact to the court or any alcohol or drug evaluation that you may have to undertake.

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  • Possession of marijuana and paraphanelia

    My son was stopped for speeding and the officer after writing the ticket came back to the car and said he smelled pot and kept insisting he open the glove box. Then he said either you open it or I will get the dogs. Is that legal? Also he has an...

    William’s Answer

    I agree with Mr. Lawrence that you should seek legal advice on this. Essentially, the officer was asking for a "consent" search but gained that consent through threats. The "inevitable discovery" doctrine will be in play here. In Washington, the Hammond opinion states that the odor of marijuana from the car is probable cause to arrest the driver for possession. There are many layers of complexity to this issue.

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