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Michael F. Morgan

Michael Morgan’s Answers

163 total


  • If i get a misdemeanor charge vacated from my record in Washington State will it show up on a FBI background check?

    I requested the WSP WATCH report and it shows my misdemeanor from 1992, possession of drug paraphernalia. I have sent a request to the court where the charge was heard to get it vacated. Currently waiting for a response. Not sure if misdemeanors a...

    Michael’s Answer

    Misdemeanor arrests show up on WACIC background checks. If you are eligible, there is a mechanism to have the record of your arrest deleted from a WACIC background check.

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  • I was summoned to Buckley Municipal Court for jury duty, but failed to go. What should I do and will I be arrested?

    I am a student and just recently moved back home and through all the madness I was able to turn in the paperwork- but no where in the paperwork could I say that I couldn't come so I assumed I would be sent more paperwork. That was not the case, an...

    Michael’s Answer

    It is very difficult to prove a person received a summons for jury duty. I know of only one case (in another state) in which a person was prosecuted for failing to respond to a summons. The person in that case had told a subordinate she would be fired if she answered a jury summons and mentioned how he had ignored a summons. The subordinate did show up for jury service and was fired--and the media made quite an issue of this and then it crossed the prosecuting authority's mind to prosecute the boss for failing to repsond to his summons.

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  • Can I ever get a good job again with a dismissed Assault 4 charge??

    My life has been turned upside down by an event with my sister. I lived at home and we got into a sibling fight over clothes. A typical fight. I am absolutely not a violent or dangerous person. She called the police because she wanted the fight to...

    Michael’s Answer

    You may need career advice more than you need legal advice. In this tough economy, potential employers can and often are very choosy. There are other potential employers, however, that had their own youthful indiscretions or simply believe people deserve a second chance. I hired a number of people and if they had good references, performed well on an interview, and did well in school it was very easy to overlook some past issue.

    Not all employers, by the way do background checks. I think you might want talk someone at school about how to best address this domestic violence issue if it ever came up in an interview.

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  • Arrested for DV Assault 4 & spent a night & day in Jail,then released before seeing Judge due to Judge finding no probable cause

    I was recently arrested for Domestic Violence Assault 4 by City of Renton Police/Sheriff and victims reported by them is my husband. I was taken to Jail. After spending the night and a day I was released before seeing the Judge with the Judge sign...

    Michael’s Answer

    A judicial officer has to make a probable cause finding in order to impose conditions (such as bail) of release. That is not the same as the case being dismissed since the materials submitted to a judicial officer for a probable cause determination is not necessarily all of the evidence in the case. The court, furthermore, should allow both parties to argue whether there is a prima facie case rather than dismiss a case on their own motion. Sometimes the information in front of a judge for a probable cause determination is missing some relevant fact that would result in a probable cause finding.

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  • I am in college right now working on getting my bachelor's degree. What is there to know about a criminal defense attorney.

    My name is Jeri.

    Michael’s Answer

    I believe that trial experience (as a defense attorney) is very important in evaluating criminal defense attorneys. Rating services such as avvo are also useful in evaluating lawyers.

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  • I had a felony back in 1984. I paid my fines, probation and community service were all taken care of. I have not broken the law

    before that date nor after. I have worked at Edmonds school dist. for the the last 8 years. can you help restore my rights and get the felony expunged from my record please?

    Michael’s Answer

    You may be eligible for an expungement--but that depends in large emasure in what particular felony you ere convicted of. My avvo profile has a legal guide about expungements that may helpp guide you through this process.

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  • So my husband was charged with child molestation in the 1st degree!

    my husband was charged with child molestation against my 4 year old niece back in may, and then my 8 year old niece came forward and said something about him but they havent charged him yet for what my 8 year old niece is saying why not??? do they...

    Michael’s Answer

    I have seen recently a number of questions on avvo regarding sex offenses. To give a competent answer to most of these questions, including this question, requires more information. Providng that type of information, however, on the internet is probably not a good idea. Considering how serious a charge this is, the principals should be talking fact to face to an attorney.

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  • I would like to speak to defense attorney regarding state mandated drug testing. positive test , I want to challenge result.

    POSITIVE DRUG CREENING I WOULD LIKE TO CHALLENGE POSITIVE DRUG SCREEN (URINE) .STATE MANDATED FOR HEALTH CARE. i WOULD LIKE TO SPEAK WITH SOMEONE WHO PERHAPS KNOWS AN M.D. WHO COULD OFFER AN OBJECTIVE OPINION.

    Michael’s Answer

    Without the drug test results, it is hard to determine the best course of action. Bleach, for example, can cause a false negative while a low ph (due to a medical condition) can cause a false positive. A doctor may be able to determine if you have a mdeical condition that can result in a false positive.

    People that drink Non-alcoholic (N/A) beer will test for the presence of alcohol because N/A beer generally has some alcohol in it.

    There are also questions with testing protocols. Without more information, I think the best you can do is to consult with a lawyer directly.

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  • Court today for MIP, no attorney

    I received an MIP last month at a party I went to. My BAC was .092%. I went to my first court date and the pubic defender told me to plead not guilty and then apply for a public defender for my next court date. I didn't have the time to apply for ...

    Michael’s Answer

    The court normally prefers people to be represented by counsel and normally will give you some time to find a lawyer. If you are going to hire a lawyer, the court may expect you to have at least scheduled an appointment to meet with an attorney before granting a continuance. Lots of lawyers offer free initial consultations so I would be scheduling an appointment as we speak.

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  • Iwas recentally arrested in wa.st. they said i had a bench warrant for my arrest, failure to appear (what do i do)?

    come to find out they had sent it to the wrong address, the place the dv took place,,even though she struck me first ,i was arrested....now i got arrested for the second time and they said it was a bench warrant failure to appear....but i never...

    Michael’s Answer

    Based on your account, the court did not exercise "due diligence" in ordering a warrant so the warrant should be quashed. You should contact the court and ask to be placed on the warrant recall calendar and move to quash the warrant.

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