Christopher R Carney's Answers

Christopher R Carney
Seattle Civil Rights Attorney.
Contributor Level 7

2

Attorney answers:

  1. Rodney G. Hasty
  2. Christopher R Carney

Caught shoplifting @ Walmart in NC. Police let me go but wrote ticket for taking $62 merchandise.What shoud I expect? Scared!

Asked by a user in Waynesville, NC - over 1 year ago.

It would probably be in your best interests to hire an attorney who practices criminal defense regularly in the court where your charge is filed, and that person will be able to give you more complete and reliable answers. However, I can tell you that in my experience in criminal defense it would be highly unusual for a person in your situation to receive any jail time, and in many cases like yours it will often be possible to enter an agreement with the prosecutor to perform community service...

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2

Attorney answers:

  1. Christopher R Carney
  2. Christopher Houston Schulz

Is it possible to obtain the record of a police call?

Asked by a user in Broken Arrow, OK - over 1 year ago.

Most police departments have a public information office, where citizens can request public disclosure of police reports and sometimes 911 call recordings as well. I suggest that you call the police agency that was involved and they should be able to help you request the documents - there is usually a form. Most states have rules allowing government agencies 5-10 days to respond to public disclosure requests. Likely you can get the reports within a total of two weeks, if not faster.

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3

Attorney answers:

  1. Shawn B Alexander
  2. Mark C Blair
  3. Christopher R Carney

What is the statue stating hear say testimony is inadmissable in the state of washington.

Asked by a user in Seatac, WA - over 2 years ago.

Since your question relates to SeaTac, it must be a misdemeanor or traffic offense. The answer to your question depends on what type of case it is: in criminal cases, the police officer him or herself would almost certainly have to testify in person, rather than have someone else introduce evidence from the officer's report or prior statements. In traffic cases, there are rules that sometimes permit the officer to submit an affidavit instead of testimony. I would need to know more about what...

2

Attorney answers:

  1. Christopher R Carney
  2. Jonathan H Levy

Does a citizen have every reason to believe that a thorough investigation will be conducted by the police prior to an arrest?

Asked by a user in Tacoma, WA - almost 3 years ago.

Typically, reports of police investigation are not subject to public disclosure until charges are filed. Once charges are filed, most police reports become subject to public disclosure subject to having names, identifying information and addresses/telephone numbers removed. Depending on the type of accusation, it could be that there truly was very little investigation, though that is usually not true in a serious case. It seems likely that there is more information than what you have seen....

2

Attorney answers:

  1. Shawn B Alexander
  2. Christopher R Carney

My x boyfrend of 8 mounths has my personall belongings and refuses to let me get them what do i do

Asked by a user in Duvall, WA - over 2 years ago.

You could start by making a list of all of your belongings that your ex-boyfriend has refused to return, then calling the police to ask them to help you get the items back.

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Attorney answers:

  1. Christopher R Carney
  2. Alan James Brinkmeier

What are my rights against being a witness?

Asked by a user in Seattle, WA - over 2 years ago.

You are under no legal obligation to return a telephone call or respond to a business card left on your door, but if you receive a subpoena you must respond. It would be best to consult with an attorney to see if there might be a basis to contest the subpoena and to get advice as to whether there is any risk of self-incrimination if you answer questions. You would have the right to refuse to answer any question that would cause you to incriminate yourself.

1

Attorney answers:

  1. Christopher R Carney

Can police detain and question you for walking at night.

Asked by a user in Loretto, TN - about 1 year ago.

The police can initiate "social contacts" with anyone for any reason, just like any other citizen. However, in order to order anyone to stay and answer questions, they must have some reasonable basis to suspect that you are involved in criminal activity. Just walking at night does not qualify. I am particularly disturbed by the idea of police searching bags under the circumstances that you describe. I would suggest asking the police whether you are free to leave when they contact you, and...

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