Mark C Blair's Answers

Did my ex violate his restraining order

As a criminal defense attorney with a great deal of experience in domestic violence cases I would have to say not; so long she did not go beyond the service of documents by passing on some message from him to you. In responding to your petition for a protection order he is required to serve you with his response.

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Do I need to restore my right to posses a firearm after vacating my felony record?

Once your conviction has been vacated you should petition the court to have your right to possess a firearm restored under authority of RCW 9.41.040/9.41.047. Once your felony has been vacated and your right to possess a firearm has been restored you should be eligible for a concealed weapons permit. For more information on the eligibility requirements click the following link: http://www.dol.wa.gov/business/firearms/faconcealreq.html.

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DUI dismissal

If you are represented by counsel in this matter I would urge you to pose your question to your attorney as he or she would be in the best position to offer you advise. That being said, a DUI charged dismissed under the circumstances that you have described would not count as a prior offense for a future DUI conviction and would not be an admission of guilt in any way. Two years from the date of dismissal you may seek a court order to destroy (expunge) any non-conviction data relating to...

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I was detained for criminal trespassing in October without being charged and just received a court summons for criminal trespass

A person is guilty of criminal trespass in the first degree if he or she knowingly enters or remains unlawfully in a building. A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree. The fact that you were "drunk and trying to walk home" and have no recollection of the incident would suggest that the element of knowing is not present....

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What are the consequences of ignoring a summons for second degree theft?

A warrant will be issued for your arrest. If you plan to travel by plane at any time in the future, you will almost certainly be detained and arrested at the airport, and eventually transported to court to answer for your failure to appear at arraignment. It has been my experience in King County that a felony charge of Theft 2 can be negotiated down to a misdemeanor. Therefore, I would advise that you retain legal counsel to guide you this process. Please feel free to contact my...

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Will an expunged arrest record still show up on an FBI CBC?

There is no statutory provision in Washington State for expunging criminal history records. You may, however, seek to have your conviction for Reckless Driving vacated under RCW 9.96.060. Once the conviction has been vacated you can legally state that you were never convicted of the crime of Reckless Driving. Once the conviction has been vacated you can ask the court to sign an order instructing the Washington State Patrol and any local law enforcement agency that was involved in your...

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If deferred sentencing is revoked and you are sentenced to time, do they terminate the unsupervised probation as well?

If your deferred sentence was already revoked the court should have made your probation statuts clear at the time the 30 day sentence was imposed. If, however, you you are uncertain, go to the front counter at the courthouse and ask a clerk. He or she will be able to answer that question. That being said, it is unlikely that supervised probation would be ordered unless you are in an active treatment program. And if it was ordred, the judge would have told you to report to probation within a...

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My fiancee has been charged with a rape 2 but he dated the girl and there is no evidence other than hear say what is his chances

Before rendering an opinion on a person's chances of having a charge of Rape 2 dismissed, I would want to take a look at the evidence that is in possession of the prosecutor. The best course of action for your fiancee would be to immediately retain competent legal counsel. Once the attorney has obtained and reviewed the prosecutor's evidence, her or she will be then be in the best position possible to provide your fiancee with an informed opinion regarding his case.

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WA State - DUI Deferred Prosecution / DOL Consequences

A deferred prosecution is granted by the court and you do not have to have submitted to a blood or breath test in order to be eligible. The DOL form that you are referring to references conditions that you must meet in order to qualify for having DOL stay the suspension of your license pending the entry of the deferred prosecution. If you are in need of additional help preparing your deferred paperwork, please contact me directly.

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What is the statute of limitations on simple assault

Court would have up to 2 years of jurisdiction from the date of sentencing on a simple assault. However, that time would toll should the court issue a warrant for your failure to appear at a post-sentencing hearing. So, if the court set a post-sentencing hearing within the 2 years, sent notice to you at the last know address that you provided to the court and then you failed to appear, then the court would have legal authority to issue the warrant. Contact an attorney with experience in...

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