Jennifer Ellen Horwitz’s Answers

Jennifer Ellen Horwitz

Seattle Criminal Defense Attorney.

Contributor Level 8
  1. Is it a good idea to accept a Tem. protection order for a year as a pose to going to trial.

    Answered 4 months ago.

    1. Bruce Clement
    2. Jennifer Ellen Horwitz
    2 lawyer answers

    You should not just agree to a protection order for a year based on false allegations. The fact that someone obtained a protection order against you will be something that may come up later to haunt you, especially if this person makes another set of false allegations down the line. You also have even more at stake because you are in the military and the order may jeopardize your ability to have a firearm. Many people represent themselves at these hearings, but having an experienced attorney...

    1 lawyer agreed with this answer

  2. I have a DV restraining order and he stalks me on facebook - I'm in a different state, is that a federal violation?

    Answered 4 months ago.

    1. Jennifer Ellen Horwitz
    2. Jennifer L. Ellis
    2 lawyer answers

    There are some federal statutes that might apply to cyberstalking, but the reality is that this is not likely to be the type of case that would get prosecuted federally. You should report this to the police and it might be prosecuted at the state or local level.

    1 lawyer agreed with this answer

  3. Hi I have been charged with DV 4th degree . I don't have an attorney and I was wondering how much these type of cases cost ?

    Answered 4 months ago.

    1. Joseph C Rome
    2. Jennifer Ellen Horwitz
    3. Patrick Owen Earl
    3 lawyer answers

    I handle many domestic violence cases in my practice. There are several factors I consider in deciding how to structure a fee agreement: What court is the case charged in and will I have to travel far, does the person have prior convictions, are there immigration issues to consider -- these are just some of the factors I consider. I then request an advance fee desposit that I place in a trust account. The amount I ask for is affected by the specifics of the case. I then work on the case at...

    1 lawyer agreed with this answer

  4. Help!! I was falsely accused of assault in 4th degree along with protection order violation baxk in 2011. After over a year

    Answered 5 months ago.

    1. Lennard Anthony Nahajski
    2. Patrick Owen Earl
    3. James J White
    4. Jennifer Ellen Horwitz
    4 lawyer answers

    It is good advice to finish paying the fees now. If they are paid by the time you go to court, the court will likely excuse the fact that they were paid late. You must also check to make sure you completed all the other requirements of your sentence. If you completed an assessment, did you complete all of the follow-up treatment? It is important, not only to have your fines and fees paid, but also to comply with all of the other expectations of the court.

    1 lawyer agreed with this answer

  5. I need to know what to do to get a no contact order lifted. My boyfriend was arrested on assault charges on me.

    Answered 5 months ago.

    1. Mark C Blair
    2. Jacob Brian Smith
    3. Jennifer Ellen Horwitz
    4. Patrick Owen Earl
    5. Elizabeth V. Lane
    5 lawyer answers

    It often is not enough for a person in your postion to advocate for themselves or even contact the attorney of the person charged. Courts err on the side of issuing and leaving no contact orders in place while criminal charges are pending. You may need to hire your own attorney to advocate persuasively for your position and give you advice if you do not want to cooperate with this prosecution.

    1 lawyer agreed with this answer

  6. If a case has not been filed with the prosecutor's office yet, & I call them to check on it .. ...

    Answered 5 months ago.

    1. Elizabeth Rankin Powell
    2. Robert Daniel Kelly
    3. Jeremy Jon Alberts
    4. Jennifer Ellen Horwitz
    5. Patrick Owen Earl
    5 lawyer answers

    I am frequently hired by clients after they have had contact with the police but before charges are filed. I contact the records department of the court the case would be filed in periodically to check if the case has been filed or if it is being reviewed by a particular prosecutor. If a case is under review by a particular prosecutor, I sometimes contact that particular prosecutor to see if I can head off the filing of criminal charges. I do not suggest that you do this yourself and it is...

    1 lawyer agreed with this answer

  7. Can a minor (16) be tried as an adult?

    Answered over 2 years ago.

    1. Lennard Anthony Nahajski
    2. Jennifer Ellen Horwitz
    3. Erik P. Kaeding
    3 lawyer answers

    For some serious crimes, juvenile court can decline jurisdiction and send a minor to adult court. However, a third degree theft, which is a misdemeanor, is not such a crime. In fact, if the juvenile has no criminal history, the case may be eligible for something called diversion, which is a resolution where the case is resolved without any criminal conviction. Make sure the lawyer who gets involved in this case is very familiar with juvenile criminal cases so that they can advise this minor...

    1 lawyer agreed with this answer

  8. I have an arraignment for a DV case in January, I was not arrested nor charged during the time of the complaint.

    Answered over 2 years ago.

    1. James J White
    2. Thuong-Tri Nguyen
    3. Elizabeth Rankin Powell
    4. Derek Michael Smith
    5. Jennifer Ellen Horwitz
    5 lawyer answers

    The judge could take you into custody, but it is more likely that the judge will release you on your own recongizance and set conditions of release. The judge could also set some bail amount that you would need to post to remain out of custody. One condition of release that will almost certainly be imposed is that you have no contact with the alleged victim. You must abide by this no contact order until the no contact order is lifted by the court. The case could become much more serious if...

    1 lawyer agreed with this answer

  9. If the person who filed the DV case wants to drop the case, Is a year in jail still mandatory, or can a fine paid end all of it?

    Answered over 2 years ago.

    1. James J White
    2. Derek Michael Smith
    3. Jennifer Ellen Horwitz
    3 lawyer answers

    What will happen to a DV case when the alleged victim does not want the case prosecuted? It is frequently the case that an alleged victim of a domestic violence case does not want to participate in prosecution. If she communicates this to the prosecutor it will NOT automatically result in the case being dismissed. Once the case is filed, it is up to the prosecutor whether to pursue the prosecution and the prosecutor often assumes the alleged victim has been pressured into saying now that...

    1 lawyer agreed with this answer

  10. I just had had my arraignment and pleaded "not guilty". Why is my next court date so far away?

    Answered over 2 years ago.

    1. Thuong-Tri Nguyen
    2. Jennifer Ellen Horwitz
    3. Omer Jaleel
    4 lawyer answers

    It is not unusual that your next court date is in Februrary, depending on how busy the Court is, and considering the holidays. Betweent the arraignement and the pretrial hearing, you should either hire a lawyer or be screened for a public defender. Your lawyer will then enter a notice of appearance and request for discovery, which will lead the prosecutor to provide the police report to your lawyer. Your lawyer should then review the police report with you and discuss with you whether you...

    1 lawyer agreed with this answer

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