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Jan Phillip Olson
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Jan Olson’s Answers

7 total

  • I am on probation for DUI in Seattle, WA and was reported non-compliant by my treatment center. I have a review hearing 2/4/13.

    I was asked to come in for a UA and I did however was told it could take an hour or two for a male counselor to supervise my UA. None of my UA's before required supervision and I had to get back to work. I told them I give a UA now and I couldn'...

    Jan’s Answer

    Mr. Kertchen's analysis is very good; you should try to retain a lawyer if you possibly can. The lawyer may know the probation officer or judge that is involved. You should not try to leave your situation to chance or good luck. However, if you simply can not afford to retain a lawyer, you may well be able to be represented by a public defender at no cost. You must contact the particular court to learn how to be put in contact with the public defender agency representing that particylar court system. Good luck.

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  • What will be still shown to the public (either via docket or court online system) if the court agrees to seal the court record?

    My wife was arrested two years ago because of "misdemeanor domestic violence". She was released the day after she was arrested, and no charge was filed. She didn't even go to the court. The final disposition is "No Complaint Filed". Now I want to ...

    Jan’s Answer

    Mr. Earl and Mr. Kertchen have capably covered the topic. Mr. Earl alludes to the computer world, which includes private companies who run criminal background checks and 'sweep' public domain files{ like Court records }. Even if you were to obtain a seal of record under GR 15, the information you seek to suppress or prevent from being seen will be available through these private 'sweeper' companies that are all over the Internet. There is no effective recourse against these companies, since they obtained the information from a source that was legally available.

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  • Clark County Washington. How can a Criminal No Contact Order be removed?

    Some background first. My father put an anti-harassment no contact order on my sister's boyfriend. She was 15 and he was 25. He ended up violating the order and at one point entered the house at my sister's invitation. Needless to say my father fo...

    Jan’s Answer

    Mr. Holmes is correct, and also apears to be a local attorney who practices close to where you reside. Knowledge of local practice is helpful, particularly when a reviewing judge has enormous discretion about what to do. A local attorney may know what 'works' with a particular judge. Ultimately, it is your sister's responsibility about what to do, and she has to be prepared that your father can also come to court and voice his concerns. Since she is now an adult is the eyes of the law, the Court/judge must listen to her position about contact with the boyfriend. As Mr. Holmes states, the decision to rescind or modify the NCO is going to up to a judge who will consider a lot of different information. Your sister needs to talk to an attorney.

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  • I blew under a .08 but only with one sample, so I was charged with a refusal. What is the likelihood of being convicted of DUI?

    Basically, at the station, I was having a hard time blowing into the machine for some reason. This is my first DUI, I have never even seen a BAC machine before, and I think I was just really nervous/scared/uncomfortable. Anyway, I finally blew one...

    Jan’s Answer

    Ms Jagger is correct. Drivers get convicted of DUI all the time without a breath sample as evidence of impairment. Other evidence includes the observed driving of the suspected impaired driver, performance on the FSTs, the officer's observations of the driver, such as "slurred speech" "bloodshot eyes" & "strong odor of intoxicants", etc. Drivers often incriminate themselves by what information they share with the arresting officer, such as how much they had to drink. For the DOL hearing, as to the 'refusal' issue,in WA. State, there is a computer database which should be researched concerning the particular BAC Datamaster that you attempted to give a sample. If there is a background with your machine that there were previous 'air sample problems', then you have an argument that you did not refuse to blow. Unfortunately, you have already lost the DOL administrative hearing. Unless you are going to appeal the DOL finding, you now have to concentrate on the criminal case. You should consult a WA. lawyer immediately, who will be able to help you determine if a trial of your case is likely, or whether you are in a position to plea bargain your case to a reduced charge. Best 'o luck !

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  • Will a deferred shoplifting offense show up on an employment background check?

    About three years ago i was caught shoplifting at JcPenney in Seattle, WA the about was about 135. I went to court and I got it deferred, I had to do 8 hours of community service. Will this charge appear on my background check? If so is it possibl...

    Jan’s Answer

    A deferred sentence will often still appear as a conviction when a background search is conducted by the Washington State Patrol ['WSP']. That agency is the most relied upon for background checks. Persons are often confused when informed by a sentencing court that a 'deferred' sentence allows the original conviction to be dismissed. The original guilty plea CAN BE "withdrawn", a plea of 'not guilty' can be "entered", and the charge dismissed , pursuant to RCW 3.66.067. When this occurs, the new dismissal is in Court records, but not necessarily in WSP cyberrecords. WSP records are often months behind in being updated, and sometimes are missed altogether. The WSP records are supposed to reflect the change by updating computer entries from a "G" for guilty, to "D" for dismissed.The best way to wipe your slate as clean as you can, is to get a 'vacation of judgment'. A vacation will prevent persons from getting most data, including conviction history, from the WSP. You must wait for three years AFTER your probationary period is completed, and must successfully complete all probationary requirements. So, unfortunately, you won't be able to do it "fast". You are not eligible for an 'expungement'{physical destruction of criminal history of charge}because the original deferred sentence is legally considered an 'adverse disposition'. Your best route, based on the information you provided, is to attempt to obtain a 'vacation'. This requires compliance with the probationary and waiting periods, and filing pleadings and making a motion in Court. Usually courts are favorable to granting vacations, since the individual seeking the same is indicating 'good, long term behavior'. One more thing, there are literally scores of "criminal background check" services that charge a fee on the Internet. If these agencies obtain your information, they are generally not affected by a vacation of judgment obtained in court. This is a general overview of a growing area of concern for people involved in the criminal justice system, because of the potentially dramatic negative consequences to future employment. For more details, you need to consult a lawyer.
    Good luck !

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  • Would i still be able to recieve my methadone treatment and do residential dosa at the same time?

    i am currently on a methadone treatment program. would i still be able to recieve my methadone medication and participate in the residental dosa program or would my methadone be discontinued?

    Jan’s Answer

    Short Answer: It depends on the length of stay in jail or prison. Generally, the sentencing Court will be aware of your methadone programming. So will the state Dept. of Corrections. Methadone is recognized as a medical means to deal with addiction. However, the WA. Dept. of Corrections will not normally allow someone to continue on methadone for a long term stay. The answer to your question is up to the whim of the Divis. of Prisons. If you do a long DOSA stretch in prison, say 43 months, DOC does not want you getting methadone while in the institution, since you would be receiving a substance that is highly desireable to the general population. I have heard that short stays in the county jail, then back to residential time, MAY allow for the individual to RESUME methadone once back in out-patient programming. But the jails may not allow the methadone while you are in. You can find out the answer to your questions by contacting the WA. Dept. of Corrections, if you have to serve your 'half' in prison. Or contact the local jail, if you are going to do the time in a county jail.

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  • What actions should we take regarding four grandsons in cps custody

    my grandsons we taken from my daughter almost two years ago and we havent been able to see them.We have found out that the oldest one who was 7 at the time was sexually molested while in cps custody by foster parents,my daughter found out while in...

    Jan’s Answer

    Mr. Marshall's comments are very appropriate. More information is needed for you to get your inquiries answered. In WA. State, CPS removal of a child from parental custody involves a court process called a dependency action. An advocate for the four children should bring to the court's attention whether grandparent placement or visits are in the children's best interest. This may have been done in your daughter's matter. An attorney will be able to determine if this was considered. In WA. State, parent-child reunification is still preferred, but after a nearly two year separation, an attorney will also be able to determine if the State/CPS is seeking to end your daughter's parental rights by what is known as a termination proceeding. In WA. State, grandparents often do not have legal 'standing' to be a party in dependency/termination proceedings. This means the grandparents do not have a voice in the outcome because the court does not legally recognize them. An attorney will be able to determine if the grandparents are, or were, considered as a long term resource for the children. CPS will, most likely, immediately look tor another foster placement, if sexual molestation is probable. CPS will normally not wait for the abuse to be proven before removing a suspected child victim from a foster home. An attorney consultation will be able to answer many, probably most, of your questions, after some investigation.

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