Skip to main content
Scott Jeffrey Engelhard
Avvo
Pro

Scott Engelhard’s Answers

11 total


  • Could you face more time you are being tried with a co-defendent?? Rather than each having a seperate trial??

    this is for a rob. 1

    Scott’s Answer

    No, it should not change the possible sentence. Also, in the vast majority of cases it is much better to have a separate trial. It allows more flexibilitty in trial strategy, and eliminates the possibility of another defendant doing something at trial that is inconsistent with your trial strategy.

    See question 
  • What are the procedures for having my record expunged, sealed, or items removed?

    I would like to know what are the procedures for having my recorded expunged, sealed, or items removed. I have a theft charge on my record (1996) & a vusca (1998, completed probation 2000). The theft is what is hurting me the most since my line o...

    Scott’s Answer

    It is not possible to "expunge" a criminal conviction. You can only "expunge" information/data which is deemed "non-conviction" information/data. For example, if you are charged with a crime which is later dismissed without a conviction, it may be possible to have the arrest and charging data removed from your record.

    However, in some circumstances you can have criminal convictions "vacated." This process is covered by RCW9.94A.640. However, the requirements include a 5 or 10 year waiting period, depending upon the classification of your prior conviction, and there can be no subsequent convictions. Because of your 1998 VUCSA, you are probably not eligible to have your 1996 theft conviction vacate.

    See question 
  • Hi my name is vijay and i am being charged with Burglary 2 of a church

    I am wondering how long would i get since this is the first time i have every done this?

    Scott’s Answer

    For first time offenses, the Prosecutor is often willing to reduce the charge to one or more gross misdemeanors -- such as criminal trespass and theft in the third degree. If you are able to get the charges reduced you may be able to avoid doing any jail time.

    See question 
  • I have been charged with theft 3rd degree. And I have a pre-trial conference. What will happen in the conference?

    I have been charged with theft 3rd degree in Tacoma, WA. And I have a pre-trial conference. What will happen in the conference? I have clean record and the court will offer me any options to keep a Theft 3 off my record?

    Scott’s Answer

    Often, the Prosecutor will agree to a resolution that does not result in a permanent conviction on your record. Better yet, sometimes they will agree to a continuance of the case and dismissal at the end of the period of continuance as long as you stay out of trouble, and fulfill any other agreed-upon conditions. Sometimes, you can reach a deal at the pre-trial conference.

    See question 
  • Unknowingly took a gun through screening at sea tac

    Now I have to go to trial under REW 9.41.300, 9.41.250, 70.74.010 I have no prior - anyone know what to expect?? thanks

    Scott’s Answer

    The answer to this question depends largely on your words and actions at Seatac. The State has the burden of proving beyond a reasonable doubt that you acted intentionally. Virtually all of the evidence will be testimony and video of your words and your actions. If you did not act nervously before going through security, and your statements were consistent with inadvertent possession, then you have a strong case. If you have some evidence to support a claim of inadvertent possession, your case is stronger still.

    Please call me at 206-683-2020 if you'd like to discuss this further.

    Scott Engelhard

    See question 
  • Whats the maximum punishment for a 4th degree domestic violence

    whats the maximum punishment for a 4th degree domestic violence

    Scott’s Answer

    The maximum punishment for Fourth Degree Assault is one year in prison. It is also common for the court to order an evaluation and participation in any recommended treatment/counseling program.

    See question 
  • Can a person ask for another proffer to aswer a question differntly or further explain thier answer to the US ADA?

    my sister had a proffer meeting with the usada about 2 weeks ago and one answer she gave they didnt like but after alot of thought, she feels that she could answer it better and hopefully make them feel that she is more credible in her answers ove...

    Scott’s Answer

    In most instances, the U.S. Attorney will accept and appreciate a "clarification" of an answer, particularly if that clarification helps them understand the situation, makes the answer more credible and/or assists them in some other respect. However, before making a second proffer it is very important to make sure that the U.S. Attorney will view the statements as "clarifications" rather than a change in the story. Your attorney can assist you with this.

    See question 
  • I'am looking for a low cost attorney.

    Low cost attorney, criminal defense.

    Scott’s Answer

    The first "cost" you should consider, is the cost of a bad result. The second "cost" you should consider is the regret you may feel if you get a bad result because you hired the cheapest lawyer possible. If that bad result can be avoided by good quality lawyering, then look around for a good lawyer, get a cost estimate. If the cost of hiring a good lawyer is less than the sum of the first two costs, and you can afford it, you should hire that lawyer.

    See question 
  • If it is crucial to your defense, can your attorney subpoena the telephone records of your accuser?

    I have been accused of felony harassent dv. I hired an attorney reccommended by a friend, who used him years ago. But in my case I know he has been communicating regularly with my accuser by phone and letter, so I want to discharge him, but if I g...

    Scott’s Answer

    Yes, you can subpoena telephone records from your accuser, and also from the phone company itself. I usually prefer to subpoena records directly from the phone company. This way, I'm more confident that the records are complete. Also, often times the phone company has more data available than ordinarily appears in phone bills. And finally, obtaining these records from a third party may allow you to surprise a witness on the stand, catching them in a false statement. Please note, however, that depending upon the jurisdiction you may need the court's authorization to issue subpoenas for such records.

    See question 
  • What is the typical plea when busted with marijuana and paraphernalia? I also got a ticket for an open container.

    I was camping and got stopped by forestry dept. I was holding my husbands beer....there was also an open bottle of tequila in truck. They Also found pot and paraphernalia. I got a ticket for the open container...which I paid. The offer from pr...

    Scott’s Answer

    Each jurisdiction, and ofter each prosecutor, have different standards as to a "typical plea" in a case like this. In most jurisdictions, this offer is certainly in the ballpark of a typical plea offer.

    See question