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Hussein Karmali
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Hussein Karmali’s Answers

23 total

  • Is there statute of limitations on a criminal fine.

    I payed a fine on a theft third degree charge but had all my legal documents stolen in a break in, Now Washington State wants proof of payment. he fine was origally paid in late 2003.

    Hussein’s Answer

    I am not sure what you mean by statute of limitations on a criminal fine. If you had a suspended sentence, your case would be closed at the end of the jurisdiction period, with any remaining fines being sent to collections. If you want proof of payment, your best option is to contact the court to verify that the fine was paid in full and get proof from the court.

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  • I have a 2 year old unpaid ticket in Idaho. And I received a dwls 3 in Washington state.

    I was pulled over last night for turning left and not signaling into the far lane. I then was informed my license was suspended and was given a traffic ticket and a criminal citation. What are my best options? I'm assuming I should pay off all fin...

    Hussein’s Answer

    If you have an Idaho driver license, you need to take care of the unpaid ticket in Idaho and reinstate your license in Idaho before you will be recognized to drive in Washington. The ticket in Idaho is separate from the criminal charge in Washington and must be addressed separately. DWLS 3 is a criminal charge in Washington so there is every reason to be concerned because jail time is possible with a criminal charge. Paying off the ticket in Idaho and getting your license reinstated is a good start before the next court date in Washington.

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  • I am 19 years old from Washington state and have a malicious mischief (3) I am on unsupervised probation for 2 years.

    Can I get this explunded after my probation is up. Is there any way to decrease the time of probation so that I could expunge it sooner. It is affecting my abilty to get a job. It was a STUPID mistake; any other alternatives to make this go awa...

    Hussein’s Answer

    In order to get a misdemeanor expunged from your record, at least three years must have passed from the time you completed the terms and conditions of your sentence. If the misdemeanor was domestic violence related, at least five years must have passed. In some situations, it may be possible to petition the court to close the case earlier but there are no guarantees and typically, a good portion of the probationary time must have been served in order for the court to even consider this.

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  • I have an unresolved dui from 1999 in Seattle. Given the age of the case, should I take care of this on my own? I live in Mass.

    It's my only arrest. I have a clean record otherwise. There is multiple bench warrents for this though. Will a lawyer make a difference in the outcome? Are they more lenient on older cases?

    Hussein’s Answer

    Though I don't know much about Massachusetts law, there is probably very little concern that you would be extradited on something like this, and more than likely, not much will happen if you keep out of Washington. That being said, an attorney is always a good idea on any criminal case. A court in Washington may not be more lenient on an older case. They may be harsher because of the warrants and the failure to take responsibility on the case for such a long time. In the end, it will depend on the court and the prosecutors involved on the case.

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  • Deferral question on a no seat belt ticket.

    I have a deferral on a speeding ticket in Lewis county 2 months ago and the other day I got a no seat belt ticket in Tacoma. Will this hurt that deferral to where I have to pay the original fine on the speeding ticket?

    Hussein’s Answer

    It can depend on the conditions of the deferral. The conditions of deferrals vary among the courts and whether a non-moving violation, such as a no seat belt ticket, will be considered a violation of the deferred finding probationary period. If the court says no traffic infractions period, then this could end up being a violation of the conditions of the deferred finding.

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  • How do I defer the ticket? How does the process work? What do I do about the actual ticket? What do I include when I send it in?

    I was pulled over and cited for negligent driving of the 2nd degree. I was in the left farthest of 3 lanes. I was being tailgated. I changed lanes, relatively quickly, to get out of the way of the car behind me. I didn't realize I had wedged mysel...

    Hussein’s Answer

    As far as my experience, I have not been in any court that allows a deferrment on a Negligent Driving 2nd Degree, but it may be possible. If a deferral is available, it is up to the court to decide whether you qualify. If you qualify, you must pay court costs and have no violations for the time prescribed by the court before you have the case dismissed. You can have only one deferral every seven years under state statute, one for a moving violation and one for a non-moving violation. If a deferral is not available, you can pay the ticket, mitigate by explaining the circumstances to the judge and hope the judge will reduce the fine, or fight the ticket. If you fight the ticket, you must send the ticket in within 15 days of the alleged violation and request a contesting hearing.

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  • What action(s) by purchaser warrants a violation/ticket for over consumption from a Liquor control board Enforcement Agent?

    My daughter went with friends to a bar last weekend and over two hours consumed 2 drinks. A friend bought her a third(without her knowing), so she carried it and set it down (without drinking). As she proceeded to talk to a friend, A officer fro...

    Hussein’s Answer

    Under state statute, no one can sell alcohol to someone apparently under the influence of alcohol and no one apparently under the influence of alcohol can purchase or consume alcohol on any premises licensed by the liquor control board. It is considered an infraction under state statute, but one concern is a typical condition of release on a DUI is no consumption of any alcohol. If your daughter has that as a condition of release and the court picks up on the fact that she was ticketed, this could prove problematic depending on the court, judge, prosecutor, and surrounding circumstances. The fine also seems excessive, I would want to know under what statute or ordinance she was ticketed under.

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  • Right to a speedy trial

    On February 22nd, 2009 I was arrested for DUI. My lawyer filed a motion for no Probable Cause. The Pro tiem judge said that she would issue a ruling within 2 weeks. That was over a month ago and still no written ruling. Also, 9k0 days was up las...

    Hussein’s Answer

    It looks like you are wondering if you have grounds to dismiss this case under the speedy trial rule. Based on what I am reading, my answer would be not quite yet. The initial commencement date would be 90 days from the date of arraignment if one is out of custody, not 90 days from the date of the alleged violation, unless you were arraigned on February 22. It is true that courts do not dismiss under the speedy trial rule very often. There are a number of justifications and exceptions under the court rules that extend speedy trial further than 90 days which make dismissal less common, but it does happen occasionally.

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  • Is sex offense 2nd degree (child molestation) considered violent or non violent in Washington State?

    sentence is 15 months no criminal record, and signed an alfred allen plea.

    Hussein’s Answer

    Child molestion is not a violent offense under state statute

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  • What are my rights when a police officer causes physical harm to me?

    I was pulled over leaving my apartment complex for driving while license suspended. The police officer came to my window and told me that he was arresting me while I was trying to put myself together from being so nervous he decided to open my ca...

    Hussein’s Answer

    Without looking at a police report, which is what the City will rely upon in proving its case, nothing can be stated for sure. The path of the case will depend on whether the arrest and search were constitutional, whether there was reason to stop you, whether Miranda rights should have been read, etc. Again, without looking at a police report, it is difficult to tell what the next course of action should be.

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