Scott Jeffrey Engelhard’s Answers

Scott Jeffrey Engelhard

Seattle Criminal Defense Attorney.

Contributor Level 7
  1. In sentencing, what normally happens to the trial exhibits? I am appealing.

    Answered almost 5 years ago.

    1. Scott Jeffrey Engelhard
    2. Alan James Brinkmeier
    2 lawyer answers

    If the weapons are jointly owned, I think that the judge has discretion to return them to the accuser. Otherwise, you should ask you appellate lawyer to consider adding this as an issue on appeal.

    Selected as best answer

  2. What are the procedures for having my record expunged, sealed, or items removed?

    Answered over 4 years ago.

    1. Aaron M Rasmussen
    2. Scott Jeffrey Engelhard
    3 lawyer answers

    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...

    1 person marked this answer as helpful

  3. Unknowingly took a gun through screening at sea tac

    Answered over 4 years ago.

    1. John E. Gross
    2. Robert Perez
    3. Scott Jeffrey Engelhard
    3 lawyer answers

    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...

    1 person marked this answer as helpful

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

    Answered over 4 years ago.

    1. Robert Perez
    2. Scott Jeffrey Engelhard
    3. John Leif Fossum
    3 lawyer answers

    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.

  5. Hi my name is vijay and i am being charged with Burglary 2 of a church

    Answered over 4 years ago.

    1. Mark C Blair
    2. Scott Jeffrey Engelhard
    3. Andrew Daniel Myers
    3 lawyer answers

    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.

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

    Answered over 4 years ago.

    1. Gregory L Fullington
    2. Scott Jeffrey Engelhard
    3. John Leif Fossum
    3 lawyer answers

    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.

  7. Whats the maximum punishment for a 4th degree domestic violence

    Answered almost 5 years ago.

    1. Scott Jeffrey Engelhard
    1 lawyer 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.

  8. I'am looking for a low cost attorney.

    Answered almost 5 years ago.

    1. Scott Jeffrey Engelhard
    2. Roland Xavier Tiemann
    2 lawyer answers

    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.

  9. If it is crucial to your defense, can your attorney subpoena the telephone records of your accuser?

    Answered almost 5 years ago.

    1. Scott Jeffrey Engelhard
    2. Joshua Gramling Stein
    3. Howard Woodley Bailey
    3 lawyer answers

    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...

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

    Answered almost 5 years ago.

    1. Scott Jeffrey Engelhard
    2. Jeffrey Edward Burkhart
    2 lawyer answers

    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.

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