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Michael F. Morgan

Michael Morgan’s Answers

163 total


  • Is it possible to get my restitution reduced or interest removed from my restitution that has been sitting in collections?

    My codefendant and I pled guilty to unlawful possesion of stolen vehicle back in 2008. We were both ordered to pay $5000 in restitution. He has been paying, but I haven't. Mine went to collections and now I owe $8000. Is it possible to get it out ...

    Michael’s Answer

    First, you have to ask the court to get the case out of collections--which some courts are reluctant to do. Second, if you can convince the court to take it out of collections then you can ask to have the interest and penalties waived--which some courts are also reluctant to do especialy if you paid nothing in 4 years. Third, it is a joint and several obligation so the restitution order remains in effect until it is satisfied.

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  • I lost papers for court, how do I get a copy?

    I had a lawyer handling my case, he pretty much does NOTHING (he's even "forgot" to show up to court a few times) - Now I have a FTA warrant for a court date I wasn't even aware was going on. The court date was for a review for my probation. They ...

    Michael’s Answer

    The Pierce County Superior Court in Tacoma expects you to serve the prosecutor with a notice of a motion to qaush a warrant and then there is a confirmation process. The notice will be genrated by the clerk's office and can be taken to the prosecutor but then proof needs to be returned to the clerk.

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  • Can I transfer my Washington court date for a DUI to Indiana where I live?

    I was pulled over for a DUI 7/10/12 and was not issued a ticket (I was originally pulled over for speeding by a state trooper) I am an Indiana resident and need to return home this month. I just got my court date in the mail today for Aug 3, can I...

    Michael’s Answer

    You may be able to reschedule the court date but you cannot have the case heard in Indiana. Mike

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  • My ignition interlock company is saying I have a failed test even though i stop drinking and doing everything with my deferred

    prosecution. I do not recall the event and they say they will send it to my probation. I had one probation violation for positive ua before 6 months. Please help on what is going happen?

    Michael’s Answer

    I am reluctant to offer any advice without more information but I think you have to act fairly quickly. Certain U/As can test for alcohol/drug consumption for several days and may rebut the insinuation from a failed ignition interlock. U/As can be easily doctored and I don't know how much weight your particular judge would give a U/A because of this.

    Blood tests are probably more relaible than U/As and cost about the same.

    Some hair follicle tests can now check for up to 3 months of alcohol consumption although most hair follicle tests only check for drugs other than alcohol. I think if you are looking at strike 2 on a D.P. getting some reliable evidence before the court you are clean is very important which is why some sort of negative drug test sould be very useful in your case.

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  • Subpoenaed to go to court on a theft in the third degree count 1 on July 31st. I made a very poor judgement and have ????

    subpoena to go to court on a theft in the third degree count 1 on July 31st. He made a very poor judgement and stole from a store, he dont like saying exuses and there is no excuse for what he did but he just came from surgery and was high on pain...

    Michael’s Answer

    A theft conviction has the criminal consequences that were addressed by a different lawyer but also can make it difficult to find employment since it is a crime of dishonesty. I think hiring a lawyer or, if you can't afford a lawyer, using a public defender is the prudent course.

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  • Talked about outside court

    Recently my dv treatment provider said he had lunch with one of the judges in court system im in and stated to me my name was mentioned and said to be on short leash in in possess of fighting a pv violation. I don't know extent of conversation wit...

    Michael’s Answer

    There are no real hard and fast rules about what requires a judge to recuse himself or hereself from a case in our state. Canon 3 subsection 4 of the Code of Judicial Conduct, however, prohibits ex parte communications being initiated or considered by a judicial officer in a pending proceedings. The judge, therefore, should not tell a probation officer outside your presence that you are on a short leash if that judge ishearing your case.

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  • My son is being charged with Murder 2 I NEED a criminal defense lawyer pro bono

    My 20 year old son is being charged with Homicide INV and Murder 2 we need help his next court date is Aug 2nd, where can I find a lawyer that will work a High Profile Case Pro Bono???? Please Help

    Michael’s Answer

    If you need a lawyer pro bono, that implies your son will qualify for a public defender. Most of the public defenders that are asssigned Murder cases in Seattle/King County are very able.

    Besides a lawyer, your son will probably need an investigator and possibly other expert services. In any event, if your son does not qualify for a public defender then he can afford to contribute to his legal defense and it is not reasonable to expect such services to be provided pro bono.

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  • My boyfriend is in jail 4 a crime that was comitted on jan 27 in pierce county but that day he was in jail in clark county

    plus his alleged co defendant already plead guilty to the crime of taking a motor vehicle. Can't he file a motion to dismiss? What are the chances of it being dismissed

    Michael’s Answer

    State v. Cloud discourages if not downright prohibits a criminal defesne attorney for predicting to any degree of certainty the chances of success in a criminal case.

    If your boyfriend has an alibi that he was incarcerated elsewhere at the time of the offense, it would be dsitinctly possible if that information was presented to the prosecuting authority (by your boyfriend's lawyer) that the prosecutor would move to dismiss the case.

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  • Can a felony theft 2 charge that has been dismissed through friendship diversion program be expunged? No other records

    The purpose of the expunge is for school purposes which i was accepted in to and dont want this charge to be a reason to dismiss me from program, if that is even possible. Had no record before or after charge.

    Michael’s Answer

    I am not familiar with a "friendship" diversion program but expungements are to adress convictions and not dismissals. An arrest record can sometimes be deleted but not normally as a part of a diversion program.

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  • Arrested for a felony over 250 days ago, released pending further investigation. Still not charged.

    Is it possible to see a meaning in the length of time that has passed since the arrest? positive or negative?

    Michael’s Answer

    I was just asked to look at a recently filed case in which the charged criminal conduct occured in 2009 and allegedly detected in 2011.

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