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Shawn Mccully

Shawn Mccully’s Answers

31 total

  • If I just got a theft three for the 3 time what could happen

    I havent been in trouble for a couple years and I also got a drug paraphernalia charge with this most recent theft 3

    Shawn’s Answer

    You are in jeopardy of getting jail time. Paraphernalia alone carries a maximum 1 day jail sentence if convicted. You must get an attorney. Ask them options to amend the paraphernalia to something that doesn't carry minimum jail and inquire with them about a "compromise on misdemeanor" on the theft charge.

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  • Is it illegal for a police officer to threaten me with a criminal charge if i do not give him "information", which i don't have.

    I was pulled over for no tail lights and my license was also suspended. I was not aware of the suspension. The police officer took me out of the car and told me he would let me go and not file any charge if i made a deal with him, to give him inf...

    Shawn’s Answer

    Unfortunately, it is legal and common for them to do this. Driving on a suspended license isn't that serious of a charge but it does carry potential jail time. It should not be too expensive to hire a good lawyer to take care of the charge in court. Besides, you don't have illegal activity information to provide so this is your best choice.

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  • Can a WA court require a UA during the 5th year of a deferred prosecution?

    Case is in Kent, WA and a deferred prosecution for 2nd DUI. I am in my 5th year and only have 3 mos until I am finished. I have a review hearing coming up due to getting a insurance ticket (do have proof of ins). I have used oxycodone my mother ga...

    Shawn’s Answer

    The problem is you did do drugs (oxycodone) which are illegal unless prescribed. It's unlikely the court would UA you at a review hearing unless they got some information that you might have violated the terms and conditions of the deferred prosecution. If you entered a deferred, you probably still have a lawyer on the matter? If not, you can hire a lawyer for just the hearing. Perhaps that's where your confidential inquiry should be...

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  • Criminal: Violation No Contact Order. I videoed an event and a prior alleged victim happened to drive by through view of camera.

    I recently Alford plead to a disorderly charge, if only to avoid expensive trial, very weak case. Now the victim may be whining again. It is a male victim who I do not know or ever had any prior contact with other than alleged argument but apparen...

    Shawn’s Answer

    Because it's a disorderly conduct charge, I doubt you are on active probation. If the police are notified, they can either file charges or inform the prosecutor of the alleged violation. The prosecutor will make the determination if they are going to ask the court to revoke part of your suspended sentence for violating your conditions on sentence. It does not sound, from your factual account, there is enough to warrant revocation on this alleged violation. If you get notice of a review hearing on your disorderly conduct charge, pursue an attorney and have them present at that hearing. You face potential jail on a matter like this and you don't want to take a chance if a review is set. It's entirely possible they have a different factual accounting of the events than you do...

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  • If someone accuses you of a crime that you did not commit (and notify the police) what will the police do?

    One of my neighbors had someone defecate on their porch two months ago. One of her friends suspected me, and now she is claiming that I have two days to pay her $50.00 or else she will notify the police. I did not commit the crime, but I'm wonderi...

    Shawn’s Answer

    If you truly didn't commit the crime, you can report the activity to the police and the alleged extortion This will obviously put the police on the radar to look into the activity but if there is no evidence it was you there should be nothing to worry about. You taking the aggressive move to contact the police could help or backfire if there is evidence you committed this crime. It's arguable this is or isn't a crime and there are various charges that could result from this type of conduct.

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  • Age of consent in Washington State?

    It's possible that a man who is 26 (almost 27) years old is having sex with a girl who is 17, turning 18 in two months. He lives in Washington and the sex is taking place there. If the girl were to become pregnant two months before her 18th birthd...

    Shawn’s Answer

    As stated, the age of consent is 16. That being said, the man could be charged with communicating with a minor for immoral purposes. If you believe a crime has been committed you could talk with an attorney or contact the police where the crime occurred. They will investigate and make the ultimate charging decision. Many times, the family approval will have little impact on a charging decision.

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  • Hi i got a ticket for driving .

    I got ticket for not stoping at a stop sign an no drivers license . I heard since i have never had a washington drivers license i cant get a ticket for driving because i have never agreed to obey by the rules of the road. I want to n if thats tru...

    Shawn’s Answer

    There are some NVOL (no valid operator's license) type charges that are criminal. My first concern would be to make sure it was filed as an infraction or "ticket" as you state and that it's not a criminal NVOL charge. The advise you received does not seem sound to me. I would recommend you contact an infraction lawyer to look into the issue(s) here. If you have the notice the officer gave or sent you, you can look up the RCW to see what type charge it is. I would imagine it's an RCW 46.20 type charge. Either way, you should immediately request a contested hearing and contact a lawyer on the matter.

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  • I had a criminal background check done for a job by the state and it keeps coming back inconclusive, why is that?

    i know i have a charge from when i was 18 in the state of kansas and the state of washington is doing a criminal background check for a job and it keeps coming back inconclusive or unable to process why is that and what can i do to fix the problem...

    Shawn’s Answer

    Without more information it's impossible to answer the question. That being said, is it possible the Kansas charge is still open, active, or there is a warrant on that charge? I would start there or inquire why it comes back inconclusive so you can work toward fixing the issue.

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  • I have warrant for my arrest for not paying my DUS fines 4 years ago how do I get my warrant squashed without going to jail?

    I moved outta state the last four years and just recently moved back. I got the tickets from a couple different cities so I am unsure where I have the warrant outta of. I was set up on a payment plan back then but moved outta state and didn't pay...

    Shawn’s Answer

    You must have had an attorney on your criminal matters. I would contact them as they can see if you have a warrant, the amount, and advise you how to quash the warrant(s). Most courts won't jail you for not paying fines but if you fail to appear for a review hearing, a warrant will issue. There could be other court orders that weren't followed or the court may not have sufficient proof you have complied with your sentence. Having an attorney fix these issues by filing proof can help you when you go to quash a warrant. Given the fact that you can't afford to pay a bail amount, you need to contact your attorney (public defense or not) and if they have withdrawn, you need to inquire with the court how you screen for public defense again. If you choose to do this without an attorney, you need to contact the courts in which you have cases and ask them for their warrant quash procedure. Many courts simply have a hearing to determine if the warrant will be quashed and you can do this without an attorney but it's not advisable on relatively serious charges where there has been a warrant for 4+ years.

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  • Court appointed attorney is not meeting even the most basic WSBA defense standards and new counsel was denied, what can be done?

    My fiance was arrested on 4/17, nearly 3 weeks later he was finally appointed a PD. He has been sitting in jail with a bail he could never hope to meet. His court appointed attorney will not respond to calls or letters and has only come in twice...

    Shawn’s Answer

    I can sense you want someone to justify your frustrations with a possible bar complaint/issue. I can't do that for you. While you have some facts that are concerning they also seem a tad skewed. It may be that the defense attorney has not spent the time it takes to properly defend your fiance but we probably can't be certain of that based on your accounting of the events. The "PD" didn't cause the delay in appointment and your fiance has speedy trial rights (60 days). Some people can't meet bail and that's what it's designed to do in many circumstances for serious offenses. The communication issues seem the most concerning. Is the timing just your fiance's accounting or is the attorney admitting he doesn't have enough time to meet with him? If he has no information to give your fiance and already got the relevant facts he needs from him he may not think there is need for constant communication. Character statements and letters can be useful at times in court but I find that my clients commonly think they are admissible and truly help. They can help, but are rarely relevant in a criminal trial scenario.

    If you felt the county prosecutor misrepresented your fiance's criminal history and the judge relied on that mis-information then that could be an issue to reconsider bail It sounds like the history was mixed up and then corrected from your statement? Can you help point to the WSBA standard the attorney is not meeting? That might help us better understand the situation and we might be able to give some better guidance for you on the issue.

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