Got a DUI a couple years ago, lawyered up and got it down to a reckless. Got in a car accident a couple weeks ago (no other cars involved, car skid in the rain and when it happened I was sober at the time), refused all tests and was charged with a...
Is this new DUI currently pending? Do you currently have an attorney helping you with it? If not, you should speak to an experienced DUI attorney who can help you with this issue. If your DUI is pending, you will likely have to do another CD evaluation for the court. When you do an evaluation, it is advisable that you do not sign a release of information allowing the evaluator to release information to them. Talk to your lawyer about this. Or if you do not have a lawyer, please feel free to call for a free consultation. I, like most of the other attorneys on here, offer free consultations to new clients.See question
A speeding citation discovery states that the radar was stationary, but the officer did not specify if he was stationary or not. Is this enough to request a motion to dismiss?
Probably. The state has to prove that the speed monitoring device was functional and rendered accurate results. It may be helpful to consult with an experienced attorney who can request discovery, negotiate your case, and appear for a contested hearing on your behalf. You only have 15 days from the date of incident to request a contested hearing so please do not delay. Good luck to you.See question
I was arrested for theft of 2nd degree and have never been in trouble or convicted of anything before, what are my options as far as reducing it to something minor or a diversion so it doesn't stay on my record? This is a big deal for me being a c...
Without knowing the facts of the case or the strength of the evidence against you, it is difficult to gauge what defenses or plea negotiations would be available to you. However, Theft 2nd degree is a felony offense and felony offenses are rarely subject to a diversion program. I advise you consult with an experienced criminal defense attorney who has a lot of experience in felony practice. Good luck to you.See question
My boyfriend and his mom got into an argument and he ended up kicking the bedroom door in their apartment off. He didn't touch his mom at all because she was the one who was slapping him but she told the police that he punched her and that she fel...
Your boyfriend is charged with two gross misdemeanors likely with a domestic violence (DV) designation. I can understand why your boyfriend would be very stressed out with these two outstanding charges. If one is convicted of a crime of DV, he could be on probation for up to 5 years and would have to comply with stringent probationary conditions such as domestic violence treatment, which is expensive, lengthy, and intense. Based on what you have described, there are some viable defenses that can be raised on your boyfriend's behalf - especially for the Assault charge. If he raises the affirmative defense of self defense, the State would then bear the burden of proof to disprove this defense. I suggest you contact an experienced criminal defense attorney who knows her way around the court room. I offer free consultations and would be happy to help as would other attorneys on AVVO, too.See question
asked by pip insurance to have IME. all bill payments are stopped until IME report is done. I showed up for the first IME scheduled but the address I was given was incorrect: the doctor moved out from the place. Second time the doctor didn...
I agree with my colleagues here. You should immediately consult with an experienced personal injury attorney. When you have PIP insurance and your insurance company suddenly wants to stop paying for bills, they send you to an IME to rubber stamp their decision to terminate payment for bills. There is no such thing as an "independent" medical examination. I, along with other attorneys on AVVO offer free consultations. Feel free to call one of us. Good luck to you!!See question
My husband and I need a criminal defense attorney in Seattle , The attorney we have is not giving us not defending us hardly at all , and never allowed the only witness to testify in a assault case that should be self defense.
Sounds like you and your lawyer should have an in person discussion about the defense strategy for your case. If your case is set for trial, you would actually need the judge's permission for your current attorney to withdraw and for a new attorney to substitute in. Although there is not enough information here to comment on whether your current attorney is defending your case properly, I am sure your attorney has a strategy in mind. Hopefully once you talk to your attorney, you will feel better and more confident in your representation.See question
I am charged with both DUI and Reckless Driving at the same time, i understand that DUI may or may not be reduced down to reckless driving or negligent driving. But how about another reckless driving violation at the same time? can a person be c...
I agree with my colleagues on this one. It is not unusual for a prosecutor to charge a DUI along with another driving offense such as reckless driving or even negligent driving first degree. You should consult with an experienced DUI attorney right away to fully discuss your case and your options. There is not enough information in your question to fully advise what a probable outcome or plea bargain is. I offer free consultations and would be happy to discuss your case with you. Other attorneys on this site also probably offer free consultations.See question
its a misdemeanor
Are you on bench warrant status now? How many years are the 9 FTAs stretched out between? Your chances of being booked are very high- especially if you already are on bench warrant status and there is a high bail amount set. You should consult with an experienced criminal defense attorney to further discuss because as you can see, this can be a somewhat complicated matter with many different facets. I offer free consultations and would be happy to talk to you. I am sure other attorneys on this site also offer free consultations.See question
After convicted dui, mom decided to sell my car and not have me driving anymore. Is it me necessary to still request a hearing for DOL to not suspend my license? I won't be driving anymore.. And will this affect the judge decision for the DUI case?
You should definitely sit down with an experienced DUI attorney to discuss your options. There are two different licensing actions taken after a DUI arrest. First - there is the administrative action by the DOL. The time period to request an administrative hearing with the Department of Licensing is extremely brief- 20 days from the date of arrest. Once 20 days past, your right to a hearing has been waived and the DOL will have automatically suspended or revoked your driver's license.
Second, if criminally convicted of a DUI or reckless driving, etc., the court will send a notice to the DOL upon plea/sentencing and your license will be suspended/revoked through this avenue as well.
For these reasons, it is very important that you consult with an experienced lawyer to discuss your options and different avenues for a successful defense. I, along with the rest of the criminal defense lawyers on AVVO, offer free consultations. Please feel free to call.See question
He was arrested for assault II-dv, malicious mischief 3 and harrassment-dv. The harrassment charge was dropped. Will he be deported? He has a son that was born here and he has full custody of him. What will happen to his son?
If I am understanding your question correctly, although the harassment charge was dropped, your boyfriend still faces an Assault 2nd Degree & a Malicious Mischief 3rd Degree charge? If he is not a citizen of the United States, these crimes could be grounds for deportation, exclusion from admission, or denial of naturalization. If your boyfriend's criminal charges are resolved and the only thing holding him is an ICE hold, it is possible deportation proceedings have begun. I strongly suggest you consult with both an experienced criminal defense attorney AND an immigration attorney right away. Most attorneys offer free consultations. Good luck to you!See question