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Craig Alan Platt

Craig Platt’s Answers

26 total

  • My bf is charging by Dv but i think its first offense hes never done it before nor did he have any dv record before.

    we had fight and i have sscratch on my face its very tiny but just red. i called the police while i was overwhelmed n very emotional. the police took him and took notes from me and they saw the scratch on my face. he was arrested with the name ...

    Craig’s Answer

    I agree with the above answers as well. With respect to pretrial release, under the court rules there is a presumption of release after a person is charged with a crime. If this is indeed a first time offense it is likely that the court will release your boyfriend absent a showing of likely failure to appear at future proceedings or showing of substantial danger. Nevertheless, even if there is a showing of a likely failure to appear or substantial danger, the court must still impose the least restrictive conditions.

    Additionally, be aware that the court may impose a no-contact order that may prohibit your boyfriend from having any direct or indirect contact with you. In domestic violence cases courts have discretion to impose no-contact orders in order to ensure that their is a cooling period or to prevent witness tampering or protect the alleged victim. However, there is a process where a protected person can bring a motion to modify or rescind the no-contact order.

    Your boyfriend should certainly contact an attorney with an emphasis in this area of practice.

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  • Winchester VA Criminal Defense Attorney

    How would I find a criminal defense attorney in the Winchester VA area who is willing to work on a payment plan?

    Craig’s Answer

    **First, locate some attorneys who you may be interested in hiring. There are other posts regarding how to locate a good lawyer, but essentially you want someone who is experienced, meaning that they have handled all types of cases and litigated multiple jury trials. Education is important, but their ability to communicate with you clearly so that you both understand each other is perhaps the most important thing of all. Of course, it is not always easy to determine whether you will be able to communicate well without meeting the lawyer first hand. Many attorneys offer initial free consults. That would be a good place to start.

    But, to focus on your specific question, keeping in mind everything I have said about finding the right lawyer for you, just pick up the phone and start calling. Or email. Be prepared to be able to explain how you are going to be able to pay (employment, etc.) and talk to the office staff. In many cases they may be able to talk to the lawyer on your behalf and encourage the lawyer to follow up with you. If you make a good impression on the staff that will help you out with the lawyer. If you don't call around and ask if they will take a payment plan, and if you don't have any way of showing that you can be trusted to pay you will never find out if a payment plan may be possible.
    Finally, don't forget credit cards. Most lawyers will take cards, and that way the credit card company and not the lawyer bears the risk of default. The lawyer will be fine with being paid by credit card, and your payment plan will then be with the credit card company.
    IF none of that works, apply for a public defender. In many jurisdictions the public defenders are every bit as qualified as private attorneys. Good luck with your search.

    **CAUTION AND DISCLAIMER: Everyone charged with a crime or under investigation should always remain silent and ask for a lawyer immediately. If they cannot afford to hire a lawyer, then they need to request a public defender. Some private attorneys will provide free initial consults, which is another way to obtain initial advice. It is best to have a lawyer whenever dealing with the courts or law enforcement. Follow your lawyer’s advice. I do not practice law in your state. This answer is provided solely for general informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. This article is made available by the lawyer or law firm publisher for educational purposes and to provide general information, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you, the lawyer answering questions, and/or the website publisher. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

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  • What should I do? My wife will be considered illegal in a month because I cant pay her college tuition...

    I am a U.S. citizen. 2 months ago I married an international student who came to the U.S. on an f1 student visa.. Now I am unable to pay for her college tuition next quarter, which starts in a month.. Im worried about her legal staus next month. W...

    Craig’s Answer

    **You need the assistance of an immigration lawyer. Look for a free legal clinic in your area if you cannot afford a lawyer. Spokane has some excellent resources available.This link should take you to a list of immigration attorneys in your area you can call:

    http://lawyers.justia.com/lawyers/immigration-naturalization/washington/spokane

    Also, try this link for information on legal aid available:

    http://www.ocla.wa.gov/aboutOCLA.htm

    Good luck.**

    PS I am new to this list, and may have messed up the links, but you should be able to highlight them and cut and paste them into Google.

    PPS Justia is a wonderful resource for both attorneys and clients.

    **CAUTION AND DISCLAIMER: Everyone charged with a crime or under investigation should always remain silent and ask for a lawyer immediately. If they cannot afford to hire a lawyer, then they need to request a public defender. Some private attorneys will provide free initial consults, which is another way to obtain initial advice. It is best to have a lawyer whenever dealing with the courts or law enforcement. Follow your lawyer’s advice. I do not practice law in your state. This answer is provided solely for general informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. This article is made available by the lawyer or law firm publisher for educational purposes and to provide general information, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you, the lawyer answering questions, and/or the website publisher. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

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  • What is considered an illegal search and could I ask my lawyer to suppress the evidence do to being an illegal search?

    The police came to the house after a domestic dispute and after both parties said that everything was fine and they were not needed they came into the house anyway and demanded that we sit down or be tazored. So after we sat the officer started op...

    Craig’s Answer

    **This question reads like a law school exam question. The short answer is that you need to obtain the advice of a competent lawyer in your jurisdiction. The long answer involves search and seizure law, about which treatises exist which take up an entire book case. One thing most people don't know is that search and seizure, although covered by the Fourth Amendment to the US Constitution, can also be treated differently by State Constitutions, so long as the state does not take away rights available under the federal law. For example, here in WA, Article 1, Section 7 of our State Constitution provides greater safeguards and protections of privacy than the Fourth Amendment.
    Usually, when police are called to a domestic dispute they will claim some form of community caretaking or exigent circumstances to justify searching the residence. They will perhaps say that they were worried about harm coming to people inside and that is why they searched. The law in every state requires that a warrant is required for any search unless there is an exception to the warrant requirement (this is due to the Fourth Amendment protection, which cannot be removed by state law). However, even though the appellate courts call these "jealously guarded exceptions" and the government should have the burden of showing that there was a valid reason to proceed without obtaining a warrant, in reality warrantless searches are commonplace and most judges tend to lean over backwards to let the evidence in (sorry, judges, but you know it's true...).
    Having said all that, I find it is usually productive to move to suppress the evidence even if it looks like you won't win the motion. That is because you can use the hassle factor of contesting the search to persuade the prosecutor to make a better plea offer, or use the motion hearing as a discovery tool, asking questions of the police under oath that can be used against them later at trial to impeach their testimony. (Yes, sometimes defendants aren't the only ones who have their statements used against them later in court.) However, it takes a skilled criminal defense trial lawyer to pull this off, as it can get very complicated. So, you need to find a lawyer and follow their advice. See below.** Good luck.

    **CAUTION AND DISCLAIMER: Everyone charged with a crime or under investigation should always remain silent and ask for a lawyer immediately. If they cannot afford to hire a lawyer, then they need to request a public defender. Some private attorneys will provide free initial consults, which is another way to obtain initial advice. It is best to have a lawyer whenever dealing with the courts or law enforcement. Follow your lawyer’s advice. I do not practice law in your state. This answer is provided solely for general informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. This article is made available by the lawyer or law firm publisher for educational purposes and to provide general information, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you, the lawyer answering questions, and/or the website publisher. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

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  • If the state fails to properly handle evidence, could the defense argue they were denied access to exculpitory evidence

    In a criminal case, if the state fails to properly examine all forensic evidence, could the defence argue that they were denied access to potentially exculpitory evidence?

    Craig’s Answer

    I agree with the prior answers. Also, keep in mind that in order to use the destruction of evidence as either Brady material or for possible cross examination, courts usually require some showing that the evidence was important or that it was not what it was purported to be. For example, in Washington, if drugs are destroyed by testing or after testing and the defense had no chance to conduct an independent test, it is necessary for the defense to bring forward some evidence that the substance was not a controlled substance (drugs) before it becomes an issue. If a police officer seizes gvm (green vegetable matter = marijuana) and the suspect states, "that is not pot, that is oregano" and the gvm is destroyed when it is tested by the state, the defense can argue that the defense was denied an opportunity to test and the case might even be dismissed. However, if no statement about oregano is made, then it may not be an issue.
    Above all, make sure the accused has an attorney, talks to no one else but the attorney about the case, and tells the attorney everything about the evidence and how it might possibly be exculpatory (tends to show not guilty). Good luck.

    DISCLAIMER: This article is made available by the lawyer or law firm publisher for educational purposes and to provide general information, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and the website publisher. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

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  • 15 yr old being charged w/ criminal trespassing. Is this a felony like the police said? What is criminal trespassing?

    15 year old in Indiana was told to not be in the store that they were in when stopped for shoplifting. 6 months later they were in the store shopping (totally slipped our minds that they were not to be there). Face was recognized and they were p...

    Craig’s Answer

    http://www.in.gov/legislative/ic/code/title35/ar43/ch2.html

    I am not an attorney in Indiana and cannot give legal advice on this, but a quick search produced this page, which has a version of the Indiana criminal trespass statute. I cannot represent that this is current, but it should give you a general idea. Usually trespass is a misdemeanor, but it is closely tied to burglary so you need to be careful. Above all, you need to get an attorney. If you cannot afford an attorney apply for a public defender asap. You can contact your local court for instructions on how to find a public defender. In addition, many criminal defense attorneys will do initial consults for free, and that might be the best way to determine exactly what charges you could face under Indiana law. Furthermore, you need to remember to remain silent and not discuss the case with anyone except your attorney.

    DISCLAIMER: This article is made available by the lawyer or law firm publisher for educational purposes and to provide general information, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and the website publisher. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

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  • I have a class b misdemeaner in Texas, 12 years ago. how do I get it removed from my criminal record. good record afterward

    I was convicted in 1997 of a class B misdemeaner and given a probated sentence. It was ended after 6 months. I have no other criminal activity since then. I was told I could get it removed where it would not show up on public records. How do I...

    Craig’s Answer

    This is a good example of why people need attorneys. It is unfortunate that people who cannot afford attorneys are often left in the dark regarding which procedures they can follow to protect their rights. This is why I volunteer to answer these questions. It is also why legal aid and pro bono attorneys volunteer at legal clinics. In many jurisdictions lawyers volunteer in legal clinics to assist individuals who are unable to afford an attorney. You should contact the court administrator or court clerk for the court where the conviction was entered. Ask them if there is a courthouse facilitator, legal aid clinic or pro bono clinic available in your area. If there is go to them with this question and they should be able to help. Also, you might try doing an internet search for instructions on procedures and a list of documents that you might need to file to get into court to request this post conviction relief. Good luck, and be sure to follow up with any advice you get. Finally, if at all possible, hire a lawyer. You may be able to find a lawyer in your area who can give you a free or inexpensive initial consult who might be able to show you how to proceed pro se, which means that you are representing yourself. Good luck.

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  • I have on my record petty larceny i was found guilty it happened in richmond va it happened 8 years ago can it be removed

    is it true since i was found guilty it cant be expunged and is there any possible way to have it removed

    Craig’s Answer

    You need the assistance of a lawyer with this. The first thing you will need to determine is whether it is even possible to have your record expunged under local law. Look for an attorney who is willing to give you an initial consult for free. Although we don't usually provide free consults in my office, many attorneys do. The advantage of a free initial consult is that the lawyer should be able to tell you right away whether you can get your conviction expunged for sure, and, if not, will be able to tell you if some other procedure is available to accomplish this. In Washington there is a procedure for this. There might even be some constitutional issues if you are able to expunge after a plea but not after a trial, such as an equal protection argument since this could have a "chilling effect" on your right to a jury trial. A local attorney will be able to help with all of the arguments and procedures which might be available to you. Good luck.

    DISCLAIMER I do not practice law in your state. This answer is provided solely for general informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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  • I left elkhart indiana when i was on house arrest 6 years ago to better my life.

    hello my name is angel i 6 years ago left my home in indiana and took off my elkle bracelet and left home dention i was a trying to get my life togetheir when i got out of work release and people would not leave me alone i wanted the best for my f...

    Craig’s Answer

    Sometimes the biggest thing to fear is uncertainty. You are obviously concerned that you may have a warrant or even new charges because you apparently left house arrest without authorization. You really need a lawyer to help you with this. If you cannot afford a lawyer, contact the public defense administrator in Elkhart and request a public defender to represent you. Frequently the public defenders are the best lawyers to ask for help with situations like this. They will know 'the players' responsible for processing cases. In all likelihood you will need to arrange to appear in court to get the ball rolling. You need to ask the lawyer there, but often turning yourself back in will help you in the long run. However, you might be held in jail if you do turn yourself in, which is another reason to get a lawyer first. I strongly recommend that you do not try to do this on your own. And,remember....REMAIN SILENT AND DO NOT DISCUSS THIS WITH ANYONE OTHER THAN YOUR LAWYER. Good luck with this. You deserve a second chance.

    DISCLAIMER I do not practice law in your state. This answer is provided solely for general informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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  • I left elkhart indiana when i was on house arrest 6 years ago to better my life.

    hello my name is angel i 6 years ago left my home in indiana and took off my elkle bracelet and left home dention i was a trying to get my life togetheir when i got out of work release and people would not leave me alone i wanted the best for my f...

    Craig’s Answer

    Sometimes the biggest thing to fear is uncertainty. You are obviously concerned that you may have a warrant or even new charges because you apparently left house arrest without authorization. You really need a lawyer to help you with this. If you cannot afford a lawyer, contact the public defense administrator in Elkhart and request a public defender to represent you. Frequently the public defenders are the best lawyers to ask for help with situations like this. They will know 'the players' responsible for processing cases. In all likelihood you will need to arrange to appear in court to get the ball rolling. You need to ask the lawyer there, but often turning yourself back in will help you in the long run. However, you might be held in jail if you do turn yourself in, which is another reason to get a lawyer first. I strongly recommend that you do not try to do this on your own. And,remember....REMAIN SILENT AND DO NOT DISCUSS THIS WITH ANYONE OTHER THAN YOUR LAWYER. Good luck with this. You deserve a second chance.

    DISCLAIMER I do not practice law in your state. This answer is provided solely for general informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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