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Hussein Karmali
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Hussein Karmali’s Answers

23 total

  • Can a conviction of 2 misdemeanors from 1 incident be vacated and how soon would one need begin the process if 3yrs have passed?

    If an individual received 2 misdemeanors from 1 incident (4th degree assault & Malicious Mischief - stemming from a bar fight in college), can that individual have his convictions vacated? Would both of the misdemeanors be vacated or only 1 of th...

    Hussein’s Answer

    My belief is that only one of those convictions can be vacated. To really begin the process, one must wait until 3 years have passed from the time the case is closed, and there are a list of requirements that must be fulfilled before the court would grant such a request. Consultation with an attorney would be wise on a case like this.

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  • Camera Speeding Ticket

    I signed and faxed a declaration of non-responsibility stating I was not the driver at the time. I left blank the part incriminating who the driver was, as this is not a requirement per RCW 46.63.075. I got a notice in the mail today for the ori...

    Hussein’s Answer

    The law does not require a statement of who the other driver, but many courts ask for this information anyways. Many times, going to court is a better way to go because I have not seen the judge ask for the name of the driver (if it is known). That being said, these tickets are considered parking tickets, don't go on driving records, and don't get reported to insurance companies. If you wish to avoid paying the default, you must ask the court for a relief from judgment to make this happen.

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  • I am on probation for DUI in Seattle, WA and was reported non-compliant by my treatment center. I have a review hearing 2/4/13.

    I was asked to come in for a UA and I did however was told it could take an hour or two for a male counselor to supervise my UA. None of my UA's before required supervision and I had to get back to work. I told them I give a UA now and I couldn'...

    Hussein’s Answer

    I believe this is a situation that can be explained to the judge but any changes in treatment agencies must be reported to the court. You are better off with a lawyer because a lawyer will best explain what happened and what you have done.

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  • Can I be forced into being a Washinton State resident?

    I moved here from Indiana to stay with my girlfriend now where engaged. I was recently pulled over for expired tabs on her car. Durring the stop the officer issued me a ticket for not having a Wa drivers license. I have not applied for a hunting...

    Hussein’s Answer

    I am not sure I understand your question. If you have a valid license, whether from Indiana or any other state, it should be recognized as valid in Washington State. Was the situation that you had no license at all? Or, was the situation that you have a valid driver's license, it was rejected, and that you must present a valid Washington State license?

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  • Speeding ticket with wrong driver's license number and address, any chance?

    I got a speeding ticket of 78mph in a 60mph zone on left lane of a two-lane highway on I-5. I am sure I was driving in a 70mph zone (the police behind me flashes light when I just saw a 70mph white sign) and my speed was around 71 or 72 mph (as sh...

    Hussein’s Answer

    Depending on the circumstances that may be present with the ticket and the officer's report, many times there is a chance of beating a speeding ticket. The inconsistencies you mentioned on the ticket are not necessarily enough to beat the ticket. It will depend on the judge and the judge's interpretation. There are a couple of different options you have, one of which is a deferred finding, which you can exercise once every seven years. If you pay costs and have no new violations for the time period the court states, the ticket will be dismissed. If you would like to try and beat the ticket, an attorney is in the best position to make those legal arguments.

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  • Contesting a no contact order in state of WA

    Im trying to figure out a way to bump down a no contact oder to a a no hostile order immediately and I was told the filing for a no hostile order would do just that. Is that true ,and if it is, when would it go into affect

    Hussein’s Answer

    From my experience the general procedure is to make a motion to the court to make no hostile contact a condition of release rather than having a formal no-contact order in place. The court needs a solid justification to do this though. If the judge goes along with the request, the formal no-contact order would be lifted and no hostile contact added as a condition of release. The condition of release would go into effect immediately. The no-contact order would be lifted but would remain in effect until it is out of the statewide computer system. Every jurisdiction is different so the above could vary from court to court.

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  • Question about intermediate driver's license suspension in WA state.

    My son received a 1st violation while driving on an intermediate drivers license in WA State for having a person in the car under the age of 20 who was not a family member. He then received a 2nd violation for failure to fully stop at a stop sign...

    Hussein’s Answer

    My understanding of the rules surrounding the intermediate driver license is that the six month suspension must be waited out at which point, assuming the infractions have been paid, the driver would be eligible to reinstate their license after paying the reissue fee and then complying with the remaining statutory requirements.You could certainly see about appealing this suspension but there are no guarantees unfortunately.

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  • The Personal Use of Marijuana by Responsible Adults Act of 2009

    So I read that Barney Frank is trying to decriminalize marijuana possession at the federal level. My question is about how the federal and state laws interact. For example, let's say you get busted for marijuana possession and it's illegal at bo...

    Hussein’s Answer

    If you are charged with possession of marijuana at both the state and federal level, you can be still be prosecuted for the same offense at both the state and federal level. Double jeopardy applies when the same criminal act is prosecuted twice at either the state or federal level. To answer the second question, if there is a conflict between state and federal law, federal law always wins out. In this case, federal law wins.

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  • What is a better deal to go for pre trial diversion or civil compromise of misdeameanor

    In a pre trial diverson programme in king county washington One of the conditions is that you must admit the wrong doing so that if the evidence were presented in court there would be a guilty verdict ,m concern is is this a conviction in he eyes ...

    Hussein’s Answer

    Very simply, a civil compromise of misdemeanor dismisses the case upon presentation of a signed motion and order to the judge. There are no probationary conditions and the case is dismissed at that point with payment of costs. With a pretrial diversion, you are certainly in limbo so to speak because the case would not be dismissed until conditions are complied with. If you must plead guilty and the conviction would be vacated after you comply with conditions, that conviction will show on your record. If it is a conviction for a crime of moral terpitude such as Theft, there are almost certainly immigration consequences. I am not your attorney so I cannot advise you what to do, but hopefully the above explanation helps you to make an educated choice.

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  • If two people who live together get arrested for unknowingly possessing stolen property what happens?

    My bf and myself were arrested and charged with PSP in the 3rd degree because we were given something by someone that was apparently stolen...and we eventually tried to sell it on Craigslist because we needed extra money. The person who answered ...

    Hussein’s Answer

    Since the case is still under investigation, if an attorney is retained quickly enough, they can possibly communicate with the detective investigating this case and perhaps even prevent charges from being filed under certain circumstances. The state or city has up to a year to file charges but more than likely, charges will be filed much sooner than that. If your case remains filed as a gross misdemeanor, you can expect a court date in the mail requesting you come to court for an arraignment. This is the hearing where you plead guilty or not guilty. Pleading not guilty preserves your rights. A pre-trial hearing is scheduled at some point thereafter. An attorney will work on your behalf to resolve the charges. If you do not have an attorney, a public defender will be appointed to represent you.

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