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Aaron A Pelley

Aaron Pelley’s Answers

173 total

  • How can I get my firearms rights back?

    Back in June of 2003 I was charged and pled guilty to Assault in the forth degree DV it was assult and two but was lowered I applied for a apartment and I had to jump through hoops to show that it wasn't a felony. I did not offend before or after....

    Aaron’s Answer

    Since this happened when you were a juvenile, you might want to consider having your juvenile record sealed so that you do not have to deal with issues that you faced when trying to find housing. Below is a link on sealing juvenile records and another regarding restoration of firearm rights that should help provide some information.

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  • How long does a third degree theft stay on your record?

    i committed third degree theft and was dismissed i am finishing my AA in business

    Aaron’s Answer

    You are likely seeking a deletion of the non-conviction data. However, if you are not sure that the case was truly dismissed, you would want to take a look at your Washington State Patrol WATCH report. If it is truly a case that was dismissed, you have a two year waiting period from the date of the entry of the dismissal. Once the waiting period is over, you will need to petition the court in order to have the records removed. You can view the link below for more info.

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  • I shoplifted a $10 bottle of beer at a store should i expect to lose my job or serve Jail time? I will never steal again!!!

    it was a $10 bottle of beer i was stopped at the exit and then taken to the back of the store I was told to sign a couple papers that were for setting a court date for me I was escorted out of the store and i was told i cannot be in that store cha...

    Aaron’s Answer

    If this is your first offense, it is unlikely that you will serve jail time. However, this is based on a number of factors that would be better answered by your lawyer. Consider reading the link below to better understand theft laws and potential consequences in Washington State.
    With regards to your job, this will depend on your employer. Again, it is unlikely that the information of a criminal charge will be provided to your employer. Your employer may run a background check and discover the charge and then, depending on the employer, may decide to discharge you. Most employers only run background checks on new employees, so this may be something you need not concern yourself with.
    If you receive a civil demand letter from the store, make sure to provide it to your lawyer before paying.

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  • How long in the state of wa do i have to wait to seal my record

    need to seal what i can

    Aaron’s Answer

    This depends, in part, on what you were convicted of. It is important to know what the conviction was and whether it was a felony or misdemeanor and, if it was a felony, what class of felony. This information will instruct whether a person has met the statutory waiting periods for sealing. To learn more you can view the link below: RCW 13.50.050. Under the statute, as it reads today, here are some of the requirements to seal a juvenile record:
    It was not a Class A Felony;
    no court is seeking a diversion agreement against you;
    no court is seeking a conviction against you for a juvenile offense or adult crime;
    no new criminal law violations; AND
    for a misdemeanor or class C Felony, two years passed since your case's disposition or last day of confinement; or
    for a class B felony, five years have passed since your case disposition or last day of confinement.
    There are additional requirements and it is best to meet with an attorney in your area to determine whether you qualify.

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  • How do I get my gun/Hunting rights back ? what do I need to do ?

    7 years ago I was convicted of two felonys(fighting). one the lowest degree and one in the next one up. spent 7 months in skagit county jail I have paid all fines and restitution. I haven't had any trouble with anyone or the law besides a traff...

    Aaron’s Answer

    You can view the link below for a better understanding of the requirements for getting gun rights restored.

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  • Can someone record you without telling you in Seattle, Washington

    A lady recorded me without telling me

    Aaron’s Answer

    In Washington it is required that all parties consent when one party wants to record a telephone conversation. The laws prohibiting the recording of private conversations without the knowledge and consent of all parties are found under RCW 9.73.030. Consent is considered obtained when "one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded." So long as the announcement that the communication is being recorded is also recorded.

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  • Is this self defense

    i was leaving a bar when a guy came out and punched me then attacked my brother so i kicked him to get him off my brother and now they want to press charges on me is that right

    Aaron’s Answer

    A person may use lawful force to protect themself or another from a person when the facts, as they appear to the person protecting, create a reasonable sense of danger to the other although the appearance of danger may later be determined to be wrong. With regards to the force used, the degree of force must not exceed that which the person would be justified in using to protect himself, and the protector believes his intervention necessary to protect the other. In other words, a person uses lawful force when he reasonably believes that under the circumstances he had to use force to protect himself or another person from an assault.

    Self-defense does not serve to mitigate or reduce degree of assault, but constitutes complete justification. The Prosecuting Attorney has the burden of proving beyond a reasonable doubt that the use of force was not lawful.

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  • How can my husband and I make sure his record is sealed, and if it is not how can we go about getting it sealed quickly?

    My Husband has a juvenile class b mistomeaner It happened when he was 16 and now he is 19 the judge said that after he turned 19 it could be sealed. We live in Vancouver, Washington and he is wanting to join the navy will this show up when they ...

    Aaron’s Answer

    There is no such thing as a class B Misdemeanor in Washington. There is a class B Felony. There is also a Gross Misdemeanor or Misdemeanor. There are different degrees for crimes (First, Second, Third and Fourth). It is important to know what he was convicted of and whether it was a felony or misdemeanor. This information will instruct whether he has met the statutory waiting periods for sealing. To learn more you can view the link below entitled RCW 13.50.050. Under the statute, as it reads today, you need to meet the following requirements to seal a juvenile misdemeanor:
    no courts seeking a diversion agreement against you
    no courts seeking a conviction against you for a juvenile offense or adult crime
    no new criminal law violations
    for a misdemeanor: 2 years passed since your case's disposition.

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  • Rcw 46.61 4005

    What is this RCW 4661 4005for?

    Aaron’s Answer

    Do you mean RCW 46.61.400.

    "RCW 46.61.400
    Basic rule and maximum limits.

    (1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

    (2) Except when a special hazard exists that requires lower speed for compliance with subsection (1) of this section, the limits specified in this section or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess of such maximum limits.

    (a) Twenty-five miles per hour on city and town streets;

    (b) Fifty miles per hour on county roads;

    (c) Sixty miles per hour on state highways.

    The maximum speed limits set forth in this section may be altered as authorized in RCW 46.61.405, 46.61.410, and 46.61.415.

    (3) The driver of every vehicle shall, consistent with the requirements of subsection (1) of this section, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions."

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  • Possible sentencing lengths for arson 1 charge

    My son has been arrested for arson 1 and is in county jail at this time. He's been there for months, waived speedy trial option for a mental eval - deemed fit to stand trial. He is bi-polar with schizoid tendencies tho and it was during an episo...

    Aaron’s Answer

    Your son really needs to speak with his lawyer about sentencing ranges. First, it is critical he understand those ranges before proceeding to trial or pleading guilty. Second, there are a number of other factors that can be considered that are unique to his case. For example, if the case was reduced to an attempt, it would reduce sentencing by twenty-five percent. On the other hand, if the case has a weapons enhancement, is gang related or has a sexual motivation there are additional calculations.

    At the time of answering this question, Arson is a Class A Felony. Under the current sentencing guidelines, if a person is charged with Arson in the first degree (RCW 9A.48.020) and the person had an offender score of zero (a person with zero criminal history and no other current offense being charged in addition to the arson), that person would be facing a sentencing range of 21 - 27 months. When the court sentences a person to the custody of the Dept. of Corrections, the court will also sentence the person to community custody for the range of 18 to 36 months, or to the period of earned release, whichever is longer. The statutory maximum is a term of life imprisonment in a state correctional institution

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