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Jeremy Scott Bartels

Jeremy Bartels’s Answers

36 total

  • What do you think assault 1 or 2? Or neither?

    Boyfriend was shot at in a store that caught the incident on video; the other shooter is not seen in the video. Boyfriend is the one on camera and he shoots back. Boyfriend is hit in the chest and taken to hospital. The other shooter is never a...

    Jeremy’s Answer

    Adding to the previous response:

    The elements of Assault 1 in Washington (relevant to this set of facts) are as follows:

    (1) A person is guilty of assault in the first degree if he or she, with intent to inflict great bodily harm:

    (a) Assaults another with a firearm or any deadly weapon or by any force or means likely to produce great bodily harm or death

    If the shooter simply points and fires a gun at another person is enough to satisfy the elements to the degree necessary to charge the shooter. While it is possible that there may be defenses to the crime charged, the viability of the charge itself is based on the evidence that supports each element of the crime. So long as the elements are met, a charge can be supported.

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  • Can a police officer park in the middle of the right hand lane in order to give a ticket?

    I received a "Scott's Law" ticket due to a police officer parking in the middle of the right hand lane to give a ticket to another vehicle. I had a large SUV in front of me. I could not see his car until the car in front of me moved to center la...

    Jeremy’s Answer

    In Washington, drivers of motor vehicles are tasked with the ongoing duty to follow other vehicles at a distance such that they can avoid collisions and other dangerous situations as they arise on the roadway. As stated before, it is not a defense to say that you were so close to the vehicle ahead of you that you could not see what was going on ahead of it. The judge will almost certainly respond that it would have cost you nothing to simply give the larger vehicle ahead of you enough distance that it would not have affected your ability to observe the road.

    The judge will also likely point out that the police officer was not likely in a dangerous spot as the vehicle in front of you had enough warning to give the officer a wide berth. This conclusion is even likelier if the officer's emergency lights were activated at the time.

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  • I have been caught shoplifting twice in 6 months in washington state. I pled not guilty for both counts

    I am currently paying civil demands on both Wal Mart and JC Penny. Do I need two public defenders for each case since they are in two different cities?

    Jeremy’s Answer

    I am assuming that you have tried to contact at least one of the public defender's offices in relation to these matters. This is a perfect question to ask the first public defender assigned to you. Since you are asking the question out of Mercer Island, I will assume your cases are out of King County. Some of the public defender law firms have contracts with multiple cities in King County and there is a chance that the firm would be assigned to each of your matters. Bottom line is: you know you will get at least one public defender, so ask that attorney this same question when he or she is assigned to your case.

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  • What punishment does theft 2 with special circumstances carry

    Someone is using my name

    Jeremy’s Answer

    Theft in the Second Degree is a class C felony, meaning that it carries a maximum of five years in prison and a $10,000 fine. That being said, there is a series of statutes in Washington known as the Sentencing Reform Act (SRA). The SRA governs the much more restricted "range" of jail or prison time an offender may receive in most cases.

    The specific range for an offender depends entirely on his or her relevant criminal history, which determines his or her "offender score." The "scores" range from 0 to "9 or more." With theft in the second degree, an offender with a score of 0 must be sentenced within the standard range of 0-60 days unless the State pleads and proves a statutory aggravating factor that would allow the State to ask for an "exceptional sentence" (there are a number of aggravating factors, and they are somewhat rarely added to nonviolent offenses. You should talk to a lawyer for more information if you think that an aggravating factor is in play here).

    At the end of the standard range is 22-29 months for an offender with a score of 9 or more (again, absent pleading and proving one or more aggravating factors).

    It is also important to remember that the defense can ask for an "exceptional downward' sentence, and is not required to plead this prior to trial, and (in nearly every case) has no burden of proof in order to be able to assert grounds for an exceptional downward sentence.

    Again, this is very general information in response to your very general question. If you believe you need more information, you should contact an experienced criminal attorney and be prepared to give a little more information than what you have supplied here.

    I hope this helps and good luck.

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  • I have been on probation for awhile now and i finally got asked to release of my medical records! Do I have to!?

    its a release of all my prior medical records psych and phys, for 1 yr she can look at my records, she is basing her asking of my medical release upon a drug and alcohol evaluation to be sent to a drug and alcohol center but iam pretty sure she do...

    Jeremy’s Answer

    Your question is more complicated than it seems on its face. For instance, many things can affect the level of cooperation you must provide during your period of probation. Things such as the waiver of HIPPA privacy rights so that probation may look into your records are commonplace when the court has considered psychiatric issues in imposing the level of probation. Also, there is almost always an order from the court that a defendant must cooperate with all reasonable requests from probation. Based on what you've written regarding your conditions of probation, I am assuming that you had an attorney represent you at the time of this disposition. You should consult with him/her regarding how to proceed.

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  • What should we do regarding a malicious mischief charge

    My adult daughter who is developmentally disabled and in a wheelchair keyed a neighbori's care at her apartment complex because she was angry at them. She was charged with malicious mischief - the car is worth less than $500 - and admitted to th...

    Jeremy’s Answer

    Contacting a local and experienced attorney is the best advice in this situation. There are a number of possible defenses and procedural options that may be available, and would possibly require lengthy discussion based on the level of your daughter's level of developmental disability. Because you daughter is an adult and presumably is under care, it is likely that she qualifies for a public defender. If that is the case, that is a great place to start. Furthermore, if the car is not worth much, and the damage costs little to fix, there is a possibility of a "compromise of misdemeanor" that is a fairly complicated process that an attorney could help you explore.

    I hope this helps and good luck!

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  • How do i write a formal request for discovery in Franklin County WA? fighting a speeding ticket...

    Just want to know the correct words and format when drawing up my request for discovery. I talked to the clerk today. I gave her my contested ticket, then asked to file a motion for discovery. She handed me a 6 line printed report the officer...

    Jeremy’s Answer

    As most attorneys would tell you, requesting discovery is not as simple as getting a form from an attorney and plugging in a few words. The IRLJ (infraction rules of courts of limited jurisdiciton) generally cover the procedure for infraction hearings, however, every jurisdiction has the right to create and enforce its own rules regarding its infraction hearings. If you want to handle the hearing yourself, you need to tailor your own discovery request to the jurisdiction that will hold the hearing on the ticket.

    Once you do that, you need to draft a discovery request that complies with the applicable rules and serve it on the prosecuting authority. Discovery requests in civil infractions are generally not served in the police agency involved. You then need to decide which witnesses are necessary, as the prosecuting authority does not need to provide live witness testimony as a matter of course in most jurisdictions. Those witnesses will need to be subpoenaed in most courts, while others simply need to be requested.

    An experienced attorney could likely get all of this done for you, as well as possibly negotiate a settlement that would be more beneficial than taking a chance with the court, and most will do so for a modest flat-rate. If you insist on doing it yourself (and it can be done), then you need to be vigilant of the rules and also be mindful that the prosecuting attorney has done a LOT more of these than you have.

    Good luck and I hope this helps.

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  • I got a traffic ticket and wondering what to do to defer it so it won't go to my driving record?

    I went on the carpool lane where I am not supposed to.

    Jeremy’s Answer

    You should also be aware that a deferral is not a matter of absolute right, it is at the judge's discretion regarding whether to grant a deferred finding. Some judges, for whatever reason, never award deferrals, some do so only for drivers with nothing else on their records at all, and some grant deferrals so long as it is legally allowed (driver fits the minimum requirements).

    Asking for one is not complex, so I agree that requesting a deferred finding is something you should likely be able to do on your own, however, it is not a foregone conclusion that the judge will go along with it. You stand the best chance if you have a clear record for the past 5 years and your infraction is one that did not cause significant danger to other motorists (carpool lane violation is non-dangerous).

    Good luck!

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  • So If my brother who is 17 and gets charged with Robbery 1 and assault. What is the difference sentencing with minor or adult?

    He has no priors.

    Jeremy’s Answer

    Robbery in the first degree is known as an "auto-decline" from juvenile court (which is part of the superior court) in the case of a 17 year-old defendant, which means that the court automatically declines to file the case in the juvenile division and files it in the adult division of superior court. Depending on the degree of assault, a similar situation may also take place. Either way, if your brother is convicted of two felonies, his sentencing range would increase from 31-41 months to 36-47 months. If the assault charge is assault in the first degree, that would be significantly larger, netting a range of 102-136 months.

    Your brother should consult an experienced attorney.

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