I'm trying to petition the court for the return of my property but only an incident # is associated, not a case # because a case was never issued. However, there was a case number from a separate incident "associated" with the property (ultimate...
No, they are not the same. I agree w/ the first answer. Use the court case number to petition the court.See question
I know that there is a statute of limitations for theft in the State of Washington. If someone stole from me three years ago but I didn't learn about the theft until today, does that mean that statute of limitations starts counting down when I fir...
It depends on the level of theft: misdemeanor, C class felony, B class felony or A class felony. And it generally starts running when you realize you've been a victim. The last question is unclear but I think you are asking if evidence for a civil case is stolen, thus ruining your chance of prevailing in a civil case, does that affect the time period? If so, w/o knowing more, I'd say "no" b/c no one can be sure of or predict your victory in any civil case.See question
The father of my child moved to another state when my child turned 3 months. He does not pay child support and has stated in text messages he will sign his rights over but when i ask him to actually fill out legal documents he refuses and text me ...
Yes, there are evidentiary procedures whereby you may introduce texts at a court hearing to prove or disprove an allegation. Texts have been commonly introduced in criminal cases for several years either for or against the defendant. The evidentiary process is called "laying the foundation." The texts must be relevant to the issue you are arguing before the court. If the texts are criminal in nature, you should first contact CPS or the police to investigate the allegations.
Texts from your ex would not be sufficient alone to take away his rights. The court can make that determination after a full-blown court process wherein your ex has a right to fight for his parental rights. Based on the facts you related, if he denies under oath that he has previously agreed to give up his rights, the texts could be introduced to impeach him if the proper foundation is laid to introduce them as impeachment evidence.See question
When I went to court the Judge scratched out my speedy trial date (6-18-14) and put (TBD). SO i'M A LITTLE BIT CONFUSED AS TO MY RIGHT TO A SPEEDY TRIAL... They also dropped my case from superior court to district,. Does that mean that they didn;t...
It's hard to determine the legality of the court's actions w/o knowing more of the facts of the case, but I'll take a shot at it.
First, the fact that the case was dropped to district court is GREAT! Misdemeanors are much less consequential than felonies. And yes, it likely means the prosecutors determined that they would not be able to prove you guilty of a felony beyond a reasonable doubt based on the facts in your case.
Second, the fact your case was dropped to district court is probably the reason for the "TBD" regarding your trial date. Assuming this was done in superior court, no lawyer or defendant would object to the charges being moved to district court. However, since the calendars and trial dates are completely different in district court, it's likely the judge did not know what date the district court would select for your trial date within you speedy trial time. I assume they will send you and your attorney a notice, or at least inform your attorney who has the obligation to inform you of the next court date.
Speedy trial time does not change when the charges are moved to a lower court, but if it corresponds with a release from custody, then 30 more days are automatically added on to you time for trial.
Hope that helps and good luck with your case.
My husband got sentenced 43 mo for a violation, if he does good after year can he go before sentencing judge to possibly get a review of sentence?
My first thought is why are you asking Avvo? Why is this question not directed at your husband's lawyer? I'm sure he had at a minimum an assigned attorney.
But generally, the answer is "no." Your husband had been sentenced and was evidently on community custody. He had conditions to comply with which he apparently violated. The court set a violation hearing at which he was found to have violated a condition by a preponderance of the evidence so the court imposed prison time
Your husband should have been informed by his lawyer and the court at his initial sentencing for the criminal conviction that prison was the threat hanging over his head if he failed to obey the rules on community custody. Under these circumstances, he has already been given a chance by the judge and threw it away. The court will not review its order unless there is new evidence not known at the time of his sentence that would prove your husband innocent of the violation. But if it was proven by a preponderance of the evidence and/or your husband admitted to it, there is no chance for judicial review.See question
I am a single father of two children whom I have full custody of. I recently moved into the Montesano area and needed to take my children in for their yearly physicals. My 15 yr old daughter told this new clinician that she was depressed, and occa...
Normally, no. But didn't your wife maintain rights in the divorce decree permitting her to make decisions for your children's religious, school, medical treatments, etc.? That is a typical provision usually accorded to both parents jointly. That is, both of you need to consent to these issues unless it's an emergency.
This presumes there was a divorce, of course, but if you are a widower with full parental control or your ex lost all parental rights, that's a different matter. Then I don't know of an exception allowing the Dr. to by-step your consent.
You should confer with a medical malpractice lawyer in your area to discuss this problem with and decide if further action should be taken.See question
My girlfriend and I were at our college, and I pushed her to the floor. There was a witness and I accidentally confessed to the police officer who arrested from the shame I felt. The provisional attorney at my arraignment recommended I plead not g...
Yes, she can testify to the judge that the NCO is not necessary and she is not afraid of you, Also, you have never done anything like this before, etc. The prosecutor will object and say it's necessary to protect you. It will probably remain in effect until you take an anger management class. Then the court may be amenable to lifting it if she appears in court again requesting it.There are options such as an SOC (Stipulated Order of Continuance ) that will allow dismissal of the charge after a certain amount of time on probation. Dismissal is imperative as having a DV on your record precludes entry into Canada and employment in many jobs, just to name a few problems. You need to seek an experienced attorney in your area ASAP to obtain proper advice on how to proceed. Pleading not guilty was good advice, by the way. Good luck.See question
I will be 18 in 2 weeks and there has been an NCO filed against my boyfriend whom I have not seen in over 2 years because of this. The order is set to be in effect until 2016 but I would like to file a motion to dismiss it when I am 18 next month....
What you are attempting is next to impossible, especially with the underlying charges. The court obviously considered your reaching maturity during the continued duration of the NCO and still ordered it. But if attempted it's best to have a lawyer present your position. Also, since it's properly filed under his cause number, he may be required to be there and you should not serve him. His original lawyer would likely need to be there or someone in her stead b/c the prosecutor will need to be served and will strongly object. It's also a modification of his judgment and sentence paperwork and he has right to be present and be heard. If you hire the same lawyer who defended him that would be optimal. To file you need to contact the judicial assistant or bailiff to the judge to inquire when the judge hears motions. You'll need to note it up (court clerks can assist you). But service of interested parties is going to be an issue (to serve the prosecutor you simply go to the prosecutor's office with your notice of motion and any other documents or written motions you may have. They should stamp your copy to prove service). But you may want his treatment provider, for example, to be there to testify and you'll need to subpoena him. So as you can see it's a complicated and difficult procedure, best handled by counsel. Good luck.See question
A police officer called me last year stating that there were complaints from a relationship gone bad regarding vandalism of their home. Which i was living in at the time. The officer left me a message with contact info if I wanted to discuss. I di...
Are you still out of state? Usually courts do not extradite on misdemeanor warrants but if it affects your employment it should be quashed. I do not advise calling the officer who will use it against you that you left the area and try to get admissions or confessions from you. It's best to find out the public defender in the jurisdiction and talk to the receptionist who can research it online with access you don't have. You should inquire how to apply for a lawyer and he can send the documents to you to fill out if you are still away.You will have to appear to quash the warrant but since it's a misdemeanor and you've been out of state without knowledge of the warrant the court is likely to quash it and release you unless you have many failures to appear on other cases on your record. The court will understand the exercise of your fifth amendment rights (not calling the officer back) but the prosecutor probably won't and will try to use it improperly as a sign of guilt. That's illegal in a jury trial, for example, but they'll use anything they can to put you in jail or to set a bail. Be prepared with documentation of your out-of-state situation and lack of knowledge until the background check. Good luck.See question