Skip to main content
Jennifer Ellen Horwitz
Avvo
Pro

Jennifer Horwitz’s Answers

63 total


  • Trespass impact on green card renew and citizenship application?

    I received a charge for Theft 3 degree, which tends charging to Trespass suggested by prosecutor, and may follow with a deferred sentence; I need do community service and pay fines. My case is still pending. Should I accept it and plea to guilty f...

    Jennifer’s Answer

    It is critical that you retain a criminal defense attorney who can consult with an immigration attorney in crafting a result for you that does not jeopardize your status. Do not accept any offers until you have had the benefit of advice from an experienced criminal defense attorney and an immigration attorney.

    See question 
  • Should i pay the bill that walmart sends me for shoplifting

    i got caught shoplifting and they want me to pay should i and if i don't will they take me to court also i am only 13

    Jennifer’s Answer

    You should consult with an experienced criminal defense attorney on this matter. On shoplifting cases, I normally prefer that my clients not pay in response to the store's civil enforcement efforts, because I may be able to use the promise of payment later as a bargaining chip to resolve the criminal case.

    See question 
  • What happens when charged with assault and destruction of property?

    My boyfriend and his mom got into an argument and he ended up kicked 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 fell...

    Jennifer’s Answer

    Your boyfriend should consult with a criminal defense attorney who is experienced in handling domestic violence cases. The maximum penalties have been accurately stated by other attorneys who have answered your question. Your boyfriend needs an advocate who can persuade the prosecutor that what his mother says happened is not what actually happened. That will require reviewing all discovery on the case and possibly interviewing his mother and the police who responded to the scene. The goal would be to get a dismissal or the best possible outcome on the case, especially if your boyfriend has no prior criminal convictions. This will make it especially important to try to get this case resolved without a conviction ending up on his record.

    See question 
  • My sister has a warrant for a failure to appear in polk county oregon, and she is getting married in November

    She never got the letter saying she had to appear in court, infact she didn't even know she had a warrant until she opted for a background check to see why she wasn't able to get a job. When she found out she called the court house to see about sq...

    Jennifer’s Answer

    Your sister needs to contact an attorney licensed to practice law in Oregon to find out what the procedure is to quash the warrant.

    See question 
  • If i got 9 failures to appears in court then what are the possibilities of going to jail on my next court date?

    its a misdemeanor

    Jennifer’s Answer

    If you have an active warrant because of a failure to appear for court, then you will go to jail if you are picked up on the warrant. You should obtain counsel who can get you set on a warrant quashing calendar. Even if the court quashes the warrant, the court may not release you on your personal recognizance. You may need to post some amount of bail. For a new case where there is no warrant and the court is trying to decide whether you should remain out of custody while the case is pending, the court has to consider the danger to the community of you being out of custody and the risk that you will fail to appear. Again, the court is likely to set bail. Make sure you have competent, experience counsel who can advocate for you.

    See question 
  • Charged with theft. What can I do?

    Caught stealing $202 worth if merchandise from local Walmart. King county sheriff was called and I was arrested. Officer read me my rights and let me go. I do have previous criminal background which is theft 1st back in 2002 and that case was clos...

    Jennifer’s Answer

    It is important that you hire an experienced criminal defense attorney. It is possible that even if you do not have a defense to the case, with work, the case may be resolved without a criminal conviction. You may receive a letter from Walmart about a civil penalty. You should seek the advice of an attorney before you do anything in response to the letter.

    See question 
  • Filing restraining order against ex in King County. I live in Portland now. Any way to file here and go to King County later?

    I am ill and currently unable to travel (I have doctors notes).

    Jennifer’s Answer

    Your question does not explain why you have filed the order in King County when you now live in Portland. I am assuming you used to live in King County and your ex still lives there and you moved. If you want protection from the courts in Oregon, you will need to get an attorney licensed to practice law in Oregon and file for a protection order there. However, if you have a matter that the court in King County has jurisdiction over, such as emails or phone calls from your ex, who still lives in King County, you should hire an attorney who handles protection order cases in Washington and have that person appear on your behalf. I have been successful in getting the court to approve my client appearing by telephone when they live out of state.

    See question 
  • My Kids father was just recently incarcerated yesterday, due to violating the No Contact Order that we had together.

    It was issued in 08/2010 and, Me, who is the victim thought it has already expired. To be honest I don't even have paper work stating when it was suppose to expire ( I understand that is my fault) But to get back to what I was saying. Cops came to...

    Jennifer’s Answer

    Abiding by the terms of the no contact order is the responsibility of the restrained party, not the protected party and your invitation to him to come into the house will likely not constitute a defense. He should hire an experienced attorney to look at whether he has some other defense, such as a defect in the order itself or an argument that the police should not have been in the house. If you would like to advocate for him as the person who is protected by the order, it also may serve you to have your own counsel.

    See question 
  • Car Rental Company wants to press charges for auto theft because I kept the car longer than I had rented it.

    However, they had a $300 deposit. My purse was stolen and after bad divorce recently, my money was on a prepaid debit card. I was waiting for a replacement card which was 7-10 busn days. I didn't have any money to extend. I just got the card w...

    Jennifer’s Answer

    It is very important to get a lawyer involved at this juncture to try to head off criminal charges since it sounds like you may have a legitimate defense. I often get involved in cases when a charge has not yet been filed, but there is a threat of a criminal charge. In that situation, I communicate with the client about the situation, then communicate with the police, and prosecutor (if the police have referred the case to the prosecutor to evaluate whether charges should be filed). If you go speak to the police yourself, you don't have the benefit of coming up with a strategy with experienced counsel about what should and should not be shared with the police.

    See question 
  • Can the courts issue a warrant for me for a failure to appear on a subpoena I never received?

    I never received the subpoena to appear in court. They cannot produce any evidence that I received anything. I did not sign for anything nor did anyone in my home yet they issue a warrant. I don't want to go to jail over something trivial but it s...

    Jennifer’s Answer

    I have represented many people who did not appear in court because they did not receive a subpoena to appear in court. You will need to retain counsel to get the warrant quashed and to make the argument that the subpoena went to the wrong address. If you get the warrant quashed, you may need to post some amount of bail if you have prior failures to appear, but you will not then be picked up and sent to jail on the warrant. You or your lawyer should check that the court has the current correct address for you so that in the future all court notices and correspondence does get to you.

    See question