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Liza E. Burke
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Liza Burke’s Answers

9 total

  • What is the likely outcome of an alleged victim recanting her statement?

    My wife attacked me, had her brother call the police, and I was placed under arrest. She has now made it appear as though she is going to recant her statement. My primary concern is for the welfare of our children. At this point, I'm just trying t...

    Liza’s Answer

    Recantations occur regularly in domestic violence cases. While new to you and your situation, recantations are not new to prosecutors. In fact, they are trained to overcome them if they believe it's a false recantation. The prosecutor's office brings the charges and if they believe a recantation in a case may make the case unprovable at trial, they may choose to offer to resolve the case in a manner favorable to the defendant. Whether they will go so far as dismissing the case, is very fact dependent and also based on the assigned prosecutor's judgment. You and the attorney you choose to work with may also identify other evidence that supports that no crime occurred to maximize your chances of getting the prosecutor to see the case differently. A domestic violence charge and a no contact order can really create problems for families overall. Since each case, individual and family is unique, to really get an understanding of your chances of good outcome and the timeline for such, it important that you seek counsel experienced with the court your case is in and also specifically with domestic violence. This attorney can then give you the individualized assessment of your case.

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  • Why is my son and I being pressured into doing an intake with juvenile probation when he has not been tried yet.

    My son was wrongly accused for theft at school and was arrested. Before we even went to court the juvenile probation office in Denton county contacted me wanting to have my son come in and do an intake. I refused stating he hasn't been found guilt...

    Liza’s Answer

    • Selected as best answer

    You raise a good question and one that I share and encounter here in Washington. It is the case here that there is a probation intake process at the very beginning of the case before any adjudication. My practice is to review the form with my client and the parent. I usually will give the ok for my client to complete the very basic information questions but we generally do not agree to disclosure of school records, identification of counselors, medications, behavioral issues, substance abuse etc. This hasn't led to any problems in either direction in my cases. I think when there is confusion as to why an attorney is advising something that doesn't seem right to you, the best first step is to be very direct and ask the attorney if there is any potential harm to your child's case if you decline to participate in intake. Perhaps the attorney may not want you to make waves in this situation for a particular reason.

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

    I need an attorney to represent my daughter who has been told she should consider a different career than nursing 2 weeks before graduation. The meeting is on Monday. Her grades are passing. This quarter her clinical instructor told her she thoug...

    Liza’s Answer

    • Selected as best answer

    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 policy may apply. In either scenario, your daughter will have administrative appeal rights. It would be helpful to your daughter to understand the policies that apply before engaging in a meeting.

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  • How can i vacate my record?

    i pleaded guilty to a misdeamenor domestic violence 4 in washington state which occured dec 2008 and I was ordered to 24 months probation and a dv therapy course which lasted a year. I completed the dv therapy course and i was taken off of my prob...

    Liza’s Answer

    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.

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

    I was the 17 yr old, and now 21 that was caught shoplifting at jcpenny. So if i apply for a job now will the shoplifting case pop up? thank you sooo much again... it really helps.

    Liza’s Answer

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

    My parents are pressing charges against me for stealing money from them.

    Liza’s Answer

    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.

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

    My daughter was at a Mariner game, had a beer and was approached by an officer, who established she was not of age, poured out here beer, took down her information and she left. One year and 2 months later, she received a MIP citation in the mail...

    Liza’s Answer

    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.

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  • Process for Juvenile Questioning/Charges

    August 2008- my 14 year old son and his 13 year old step sister were sleeping in the same area and my stepdaughter woke up to my son fondling her breast (he also had an erection)- he says that he woke up like that, her story corroborates that and ...

    Liza’s Answer

    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 that your son has no obligation to speak to the police or the prosecutor to explain himself in any way. He has the right to remain silent. He may choose to speak at some later time but that decision should be made carefully with counsel.

    You might also give consideration to hiring an attorney at this stage even though charges have not yet been filed. You could certainly take a wait and see approach. However, an attorney may be able to determine where the case is headed i.e., charges or not, and may be able to advocate on your son’s behalf before a charging decision is made. While it is nice that the detective made such reassuring comments, you cannot be certain that the comments were genuine or that the detective’s beliefs will control the person who ultimately makes the charging decision, the prosecutor.

    DISCLAIMER: This is NOT legal advice and is not intended for the reader to proceed in reliance on this information. The reader should always consult with an attorney regarding these specific questions as they pertain to the specific facts of his/her case.

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

    This is a first offense, no prior record of any kind, stupid kid thing to do.

    Liza’s Answer

    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 range is called “local sanctions.” Local sanctions is a range of penalties that include anywhere from 0 to 12 months of community supervision (probation), 0 to 150 hours of community service work, 0 to $500 fine, and/or 0 to 30 days confinement. The judge decides where within that range an offender is sentenced. If the law and facts support going outside the range, the judge can do that too.

    The sexual motivation tag is something that might trigger the court to impose a sexual deviancy evaluation and follow up treatment that would be a condition of community supervision. That allegation might also affect other conditions of community supervision depending upon the underling facts.

    Although assault 4 with sexual motivation sounds like a sex offense it is not; at least, as the law is currently written. That means an offender does not have to register as a sex offender and also can get the record sealed in as little as two years if certain conditions are met (most importantly no reoffending). However, until that time, members of the public can view the court file and the conviction and the existence of this conviction could present problems in other areas such as gaining certain types of employment.

    DISCLAIMER: This is NOT legal advice and is not intended for the reader to proceed in reliance on this information. The reader should always consult with an attorney regarding these specific questions as they pertain to the specific facts of his/her case.

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