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Schoen R Parnell
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Schoen Parnell’s Answers

48 total


  • Does an Assault 4 conviction meet the criteria for expungement?

    Charged in 2009 with assault 2 w/a deadly weapon (car). False rpt filed with PD 4 days after the alleged incident, by two individuals seeking retaliation against me. I had no criminal hx prior to this incident and have had no other charges since t...

    Schoen’s Answer

    No, Assault 4 is not considered a "Violent Offense". See RCW 9.94A.030(54). One thing to remember about vacating convictions in Washington, IT IS DISCRETIONARY - meaning the judge does not have to grant your motion even though you may "meet the criteria". Those of us that regularly file Motions to Vacate in Washington understand how important it is to put together a convincing "Petitioner's Declaration" - your statement as to how you've changed, what you've been doing with your life, how you've contributed to society since the conviction, how the record of this conviction continues to haunt you and, perhaps most importantly, explaining any red flags that may catch the judge's attention.

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  • Are my firearms right restored? Order Of Dismissal 1976 I would like to know if i can buy gun no longer live in WA now in OR

    I entered a plea of guilty to the charge of burglary 2 in 1974 and was given a dismissal in 76 " upon the petition of the above named defendant praying that he be permitted to withdraw his plea of guilty heretofore entered BURGLARY IN TH...

    Schoen’s Answer

    You will have to petition the court in Washington to restore your firearm rights. I had a client who lived in Oregon who applied for a concealed carry permit there but was held up by his Washington conviction, and was told by Oregon to go and clear up Washington. We did it for him without him ever having to drive up here.

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  • How does an interlock device work if the person doesn't own a car?

    My daughter's boyfriend was order to have an interlock device installed on his car. But, he doesn't own one. He hasn't been driving but taking the bus. Is there any way he can get his license so he can work (not to drive to work but because th...

    Schoen’s Answer

    If I'm reading your question right, the young man needs to have a license to keep his job, even though he's not required to drive for his job. Assuming that's correct, the only way to get a license while the restriction is in place is to apply for an Ignition Interlock License (IIL). But without a vehicle on which to install the device, there's no way to prove to the DOL that he has the device installed - hence, his IIL application will be incomplete and he won't be able to get an IIL. DOL requires that the device be installed on any car he drives. Their website mentions that several times. It doesn't say that it has to be on a car that he owns. Though I have heard of interlock companies requiring the vehicle be registered to the IIL applicant, DOL doesn't appear to require it. I believe the young man's only real option to get a license is to get a vehicle with device installed and then apply for an IIL. Keep in mind that, if the Ignition Interlock Device requirement came from a conviction, he will not be able to get his regular (unrestricted) license back until DOL receives at least four months of reports from an interlock company that the driver has had no device violations. So, what he can do is wait about 4.5 months prior to the ending of his interlock restriction, get the device on a vehicle, apply for the IIL, and then have four months of clean blows before he reinstates his license.

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  • Negligent Driving First Degree Expungement

    What is the likelihood of getting a conviction for Negligent Driving First Degree expunged. It was reduced from a 0.08 DUI. Are there forms to complete and file? Do I need to personally appear in court (I live in California)? Thank you.

    Schoen’s Answer

    If it's been less than 7 years since you were arrested for the DUI (that was reduced to Neg 1), save your money. Your Neg 1 can/will be used as a prior offense (for purposes of mandatory minimum sentence on a new DUI in Washington) should you get another DUI in Washington. Because of that, it is highly likely that no judge in Washington will vacate your Neg 1 until 7 years has lapsed from the date you were arrested (just in case you come back to Washington and get another DUI). Once you are 7 years past that date, you can petition for vacation with more confidence (assuming you meet the requirements in RCW 9.96.060). By the way, in Washington, they don't "expunge" convictions, they "vacate" them.

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  • In washington state can a gross misdermeanor affect someone getting a job?

    It was a plea to a gross misdermeanor will it come up on a background check

    Schoen’s Answer

    Will it affect you getting a job? That depends on the employer and the type of crime. A gross misdemeanor that involves "moral turpitude" (lying, cheating, or stealing) is generally more of a red flag to potential employers than, say, something like a DUI (unless your applying for a job as a driver).

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  • Can you be charged with Theft by Taking when you aren't even living in the state it happened in? In 2008 I moved to Wa

    in Aug 2009 my ex went onto my property in Ga when no one was home w/ tow truck and tried to take 1 of my cars my 2 daughters came home called police officer ask him to show proof of ownership he couldnt officer told him to leave until he could sh...

    Schoen’s Answer

    Don't talk to the police again, and if you get the inkling to do so, watch this video.
    http://video.google.com/videoplay?docid=-4097602514885833865#

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  • Second Degree Burglary

    My son was arrested last year for 2nd degree burglary.He was with other minors yet he just turned 18 so he went to county.No charges until today were brought fourth.My son said he never entered the store or took anything the other teens involved d...

    Schoen’s Answer

    The missing bit of information is whether your son knew what his friends were doing. Tell him not to talk to the police at all anymore. No exceptions! And that his lawyer will handle everything from here on out. I highly recommend that both of you watch the link I attached (evidence professor from my law school explaining why you should never talk to the police).

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  • 3rd degree DWLS

    My Husband was pulled over for a tail light being out. Turned out he had a suspended license (3rd degree) and he didn't know. We also didn't have insurance. So we got a ticket for no insu, but my concern, of course, is whether or not he will go to...

    Schoen’s Answer

    Your husband has done exactly what the court wants him to do - get legal (i.e., he got relicensed and insured). That's (almost) all they are concerned about. Make sure DOL has his most recent address (so he'll know in the future if they ever want to pull his license) and that his license reflects that (so if he ever gets stopped for anything again, the cop won't write down the wrong address). With his proactiveness, from my experience it is highly likely a lawyer (public or private) will be able to get this DWLS3 reduced down to an infraction.

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  • I was stopped at a Walmart for shoplifting seventeen dollars worth of stuff. The security guard let me go with taking a photo

    Copy of my ID, and taking my address down. He told me they weren't going to prosecute me, and I could still come back, but not to do it again. He told me he would send me some letter in the mail, but they didn't call the cops or anything. Should I...

    Schoen’s Answer

    However, a compromise of misdemeanor may include an order to stay off the property which is more than loss prevention has implied.

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  • I got a DUI in CA, have to do 9mo. School Ten program. I am moving to WA, can I transfer my classes to WA? How do I handle this?

    Have completed a MADD class & community service. Just need to know to do the right thing. Thank you very much

    Schoen’s Answer

    In Washington, the courts need to approve any change in treatment providers as well as approve any out of state treatment. Ask your CA attorney if CA has a similar rule. If so, you will need to do a little leg work and talk with a WA alcohol treatment provider, give them the CA course requirments/plan and ask them for a comparable treatment plan. You or your attorney will likely then need to go back before the CA court (or possibly probation) and ask that they allow you to take the WA course in lieu of the CA course.

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