Jeffrey L Kradel's Answers

Gun enhancement

Under Washington law a "gun enhancement" is additional time that is added to a sentence if a felony offense is committed while "armed" with a firearm. The length of the enhancement depends upon the degree of felony involved. It would be 18 months on a Class C felony, 36 months on a Class B offense, and 60 months on a Class A felony conviction. This enhancement must be found by a jury or admitted to in a guilty plea. There is no provision for bullets.

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I am being served a subpoena in a federal criminal case against my partner. What are my rights?

You always have a right to invoke the Fifth Amendment if your testimony could directly or indirectly provide evidence that you have violated the law. You need to either hire an attorney or contact the Federal Defender's Office in Seattle to ask that an attorney be appointed to represent you. In order to obtain a court-appointed attorney you will have to meet certain financial guidelines. A judge can order you to testify, which would result in you having complete immunity from prosecution...

Can a defense attorney initiate contact with the guardian of a sexual assault victim without notifying the DA's office in WA

Yes, a defense attorney can contact anyone who may have information or evidence about a case without going through the prosecutor's office. The prosecutor does not represent any of the witnesses in a criminal proceeding. It is not only ethical for a defense attorney to contact witnesses, it is an essential part of their job. By he same token, the prosecutor is free to contact defense witnesses and ask them questions without getting the permission or approval of the defense attorney, with the...

Fraud vs. Major Fraud against the US

I practice in both state and federal courts in Washington. It is unclear to me what you are asking. There is no designation of "major fraud" under federal law, there are just different statutes under which you can be charged with having committed fraud (against the government, etc.). There are provisions under the Federal Sentencing Guidelines that could subject a defendant to a harsher sentence based upon the number of victims or amount of moneary loss in a fraud case. There are...

Can someone who has to be represented by the DA also have their only attorney to worik with the DA on the case

I do not practice nor am I licensed in Louisiana, however as a general rule you can always have an attorney represent you on any potential civil lawsuit against the person who stole from you. The criminal prosecution should be a separate legal proceeding. The DA does not represent you and is not your attorney. They work for the government and initiate and prosecute cases on behalf of all the people, not just the alleged victim of a crime.

Civil vs criminal case

Vandalism can be both a civil or criminal case, regardless of whether the property being damaged has been classified as historic. There are provisions under federal law criminalizing the damaging or removing of artifacts from historic sites. It does not sound like your case involves exactly that type of conduct. The best thing to do if you want the case to be reviewed for possible criminal charges would be to contact local law enforcement officials, both state and federal.

How do you search for a pro bono federal attorney.

I do not reside or practice in Iowa, but I do think you need to give the attorney working with your husband an opportunity to work on his behalf. The reality is that there are few if any attorneys who will handle criminal defense cases pro bono. It is also an undeniable fact that the quality of court-appointed legal representation in the federal courts is extraordinarily high. The federal defenders offices are well funded, well staffed, and the attorneys working there are, in most...

How can I find a lower priced or pro bono lawyer? The Bar in my area never responded. Ditto the law school. I'm desperate!

I do nor work or live in the jurisdiction you are writing from. However there are some general truths about pro bono legal services. The largest contributors of pro bono work in most communities are large law firms. They utilize pro bono work as a means to train young attorneys or interns while also cultivating goodwill in the community. The biggest hurdle you face is tat pro bono legal services are normally provided to individuals who are in one way or another being victimized by the...