Andrew Schwarz's Answers

Accused of Dine & Dash in Washington state???

As the other lawyer stated, they can report anything they want. THe police will probably do nothing to investigate the truth of the allegtions, but they may well file a theft 3, (gross misdemeanor) charge. These are typically filed with little or no review. Its almost as if the "system" thinks its the obligation of the accused to demonstrate innocence- a difficult thing to do. Establishing an alibi (I wasn't there) is difficult. It can be very hard to prove where you were at a certain...

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What to do in a shoplifting midemeanor case?

While the amount may seem insignificant, a shoplifting conviction is a serious thing. It can lead to you being marked a lier if called to testify in the future. (state v. Brown). Also, QFC may have no right to ask you for money, especially if they recovered the merchandise. (Harold Meyer Drug v. Hurd, 23 Wash.App. 683 (1979)) Do not talk to the prosecutor. Hire a good lawyer or ask that a public defender be appointed to represent you. They will seek to keep this off your record and...

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Walla I had a warrant for my arrest made in 2002 for writing a bad check, is there statue of limitations or do I need a attorney

Unfortunately, there is no statute of limitations that applies if the case has been charged and a warrant issued. And a warrant is usually renewed every few years, even if it expires, so it probably won't go away by itself. On the other hand, it may be the type of warrant that would not pay for extradition from Georgia to Washington, which means that even if you were arrested in Georgia, they would release you because Washington won't pay for your transport back here. A lawyer in the county...

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I was caught shoplifting at the px itwas my first and last time i have to pay a fine of 200.00 what will happen in court

Look at it this way: Everybody screws up sometimes. Stop beating yourself up and get focused on minimizing the damage. If you left your car windows open, and it rained, you wouldn't rip the car apart, you would try to dry it out and not do it again. In the same way, what you do now matters. Get a good lawyer. You will have options in court and a good lawyer will explain them and fight to minimize the damage. Even if you ultimately admit guilt, the way you do that will determine if this...

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When is the best time to submit a motion to dismiss?

I'm sorry, but this is a bit like asking, "when is the best time to do surgery?" Depends on the illness, the patient, the doctor. To answer your question you need to provide much more information regarding the charge, the evidence, the court, and explain what you are trying to achieve. Judges don't just dismiss cases because you say you didn't do it. Motions practice can be complex and involved and if not done right, can commit you to facts and proceedures that will make it harder to...

In Washington state, do people convicted of a felony charge of forcible sodomy have to register as sex offenders?

THere is no crime of forceable sodomy in Washington. Depending on the age of the victim, however, this could be rape or child rape. Both are sex offenses. Both require registration.

I have been asked to refrain from entering a place of business due to a conviction of a sex offense Is that legal?

Unfortunately, its not possible to answer his question without more info. I would lik to know where you are located, what your conviction was for, and what sort of business it is. If its simply a business saying "we don't like your type..." it may not be legal. If there is some reason why that particular business doesn't want you there (say a video arcade, excluding someone convicted of child molestation) it might be valid. And every state has different rules on this. As a general...

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What is the process of getting a public defender in state of IL

Yes, he can get a public defender now. Call the public defender's office if it is listed in the phone book. If not, call the clerk of the court where your husband has been charged and they will know how to contact someone to get him a lawyer.

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Self-defense facing prison time

This is an awful situation and the answers you seek can't be found on a bulletin board like this. You are going to have to talk to a good lawyer directly. THey will have to review the court file, figure out why this happened and see what can be done to make it right before time runs out. Time is running and you need to act quickly or your brother's options will be very limited. There may be public funding available for an appeal or post conviction motions to set aside the verdict. Talk...

Does a public defender have to be present at an arraignment. And does a warrant have to have a signature on it. And one more

OK, first of all, the rules on a public defender being present at arraignment vary from state to state. Where I practice, there must be a defender present at all Felony arraignments or the defendant must voluntarily waive his or her right to counsel. In some small cities and towns the misdemeanor arraignments will be held without counsel, but many lawyers think this is a violation of the 6th amendment right to counsel. Most states require a warrant to be signed by a judge. You may be able...