Liza E. Burke's Answers

Can a college nursing program kick a student out of the program 2 weeks before graduation ?

It would be helpful to have greater details. Generally, a university may not act in an arbitrary manner in ways that negatively affect a student's academic progress. Action must be taken in accordance with valid standards of academic evaluation. A student who is concerned that he/she is being treated in a subjective and arbitrary fashion outside the standards of evaluation, may initiate an academic grievance. If the program is alleging academic misconduct or student misconduct, a different...

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What is the consequences for juvenile 4th degree assult with sexual motivation in the State of WA?

A juvenile conviction for assault 4 with sexual motivation is a gross misdemeanor. The most direct consequence is the court can impose a certain sanction. In Washington, juvenile offenses carry a “standard range” that is based on the disposition offense category and also the number of prior convictions, if any. The standard range for assault in the 4th degree with sexual motivation is the same as the standard range for an assault in the 4th degree without any special allegation — the...

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Will an employer see my record for shoplifting after 2 yrs have passed?

Actually, whether it "pops up" depends on a few things. If you were actually charged in court, then there would be a record of the proceedings that would exist until you affirmatively seek to have your record sealed. However, if this was a first time misdemeanor shoplift, then you may have been offered a diversion. Most matters referred for diversion are handled out of court and those records are confidential.

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How can i vacate my record?

Provided you have not previously vacated a conviction, you may seek to vacate this conviction. However, a certain number of years must pass. For domestic violence convictions, the statute requires that 5 years have elapsed since completion of the terms of sentence. So, yes, there is hope for you, but it's a few years down the road.

What are the charges of 1st degree theft on a minor?

Most of us know that theft means stealing. What makes it first degree is the amount stolen. If it is alleged that over $1,500 was stolen, then the theft becomes first degree. First degree theft is a felony. If you are under the age of 18, then the prosecutor could file charges against you in juvenile court. There is not specific class of theft for minors. The significance of a minor committing a crime of theft is that it is handled in juvenile court.

My 18 yr old received a MIP ticket one year after the incident occurred?

Yes, it does seem a little late, but the prosecutor has filed the charge within proper timelines. MIP is a gross misdemeanor and gross misdemeanors can be filed if filed within two years of the incident. However, a review of the facts and procedure thus far might reveal other possible avenues of defense.

Process for Juvenile Questioning/Charges

It is appropriate for you to be concerned, but you cannot be certain based on what information that you do have that charges will be filed. The case is under investigation. The fact that the prosecutor has wanted to interview your stepdaughter suggests that they are considering the filing of charges, but this still does not necessarily mean charges will be filed. This will depend on the prosecutor’s overall assessment of witness statements and other evidence. One thing that is certain is...