Lenell Rae Nussbaum’s Answers

Lenell Rae Nussbaum

Seattle Criminal Defense Attorney.

Contributor Level 13
  1. How can this person withdraw his plea agreement? Is there enough grounds present to support a withdrawl of plea agreement?

    Answered over 2 years ago.

    1. Lenell Rae Nussbaum
    2. Mark Anthony Chmelewski
    3. Marva Lynn Wiley
    3 lawyer answers

    The "justice" system is run by human beings and so is necessarily flawed. Not every injustice will permit going back twenty years later to change what occurred. There are very few, very limited reasons to permit anyone to withdraw a guilty plea. What you have presented alone is not enough. But if Jack is serious in wanting to challenge this conviction, he needs to retain a good lawyer with experience in post-conviction relief and plan to have that lawyer work hard to see if there is any...

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  2. I'm being charged with identity theft and theft 1 which I understand is a felony. What are my options.

    Answered almost 2 years ago.

    1. Lenell Rae Nussbaum
    2. Teresa Lynn Border
    3. Cristine Beckwith
    4. Aaron Lukoff
    4 lawyer answers

    The legislature recently enacted a Parenting Sentencing Alternative that applies to parents solely responsible for caring for children. Ask your public defender to look at this statute. It may have been enacted after you committed your crimes, and so officially may not apply to you. At the least, it suggests a public policy against putting parents in jail if it leaves children unattended. That policy may be an argument for an exceptional sentence below the standard range -- especially if...

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  3. Pierce County, WA - To withdrawal a plea before sentencing, what should be conveyed to the judge so the motion will be granted?

    Answered 3 months ago.

    1. Lenell Rae Nussbaum
    2. Eric Valley
    3. Valerie Semmes Bouffiou
    4. Michelle Teresa Dellino
    4 lawyer answers

    Withdrawing a plea is extremely difficult. You must show how you were misinformed about something crucial to the plea, to show you did not enter it knowingly, intelligently and voluntarily. Most of the procedures when a person enters a plea are to establish that it is being entered knowingly, intelligently, and voluntarily. Those words have specific legal meanings that may not be the same as you use them every day. If your attorney assisted you in the plea, you may need to obtain a...

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  4. What’s the downside to pleading guilty to indecent exposure (R.C.W. 9a 88 010)?

    Answered almost 2 years ago.

    1. Michael Steven Clark
    2. Lenell Rae Nussbaum
    3. Sean D Mckee
    4. Benjamin J Lieberman
    4 lawyer answers

    The downside includes it will go on your record as a criminal conviction. If it is not yet requiring registration as a sex offense, the Legislature is known to expand the list of convictions that does, and at some later date you may be required to register as a sex offender. If you are guilty, the court can require you to undergo a sexual deviancy evaluation and have it returned to the court, where it becomes a public document. With court records now frequently going on line, that means it...

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  5. How can i be sure I hire the right lawyer. I have been charged with first degree rape of a child.

    Answered over 1 year ago.

    1. Lenell Rae Nussbaum
    2. Vitaliy Kertchen
    3. William Peter Daley
    4. Patrick Owen Earl
    5. Michael James Pratum
    5 lawyer answers

    You need to review lawyers' experience to find someone who specifically knows child sex abuse cases and has tried them before. This is a very dangerous area of the law for you. It carries a sentence of life in prison with the possibility of parole after a period of time. A lawyer need to be very familiar with the law of these cases. Once you know of their experience, you should meet with them individually and find one you are personally comfortable with. If you cannot afford a private...

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  6. If you are suspected of a crime, but have not been charged, could you be detained when re-entering the country?

    Answered over 1 year ago.

    1. Lenell Rae Nussbaum
    2. Mark C Blair
    3. Paulette R Burgess
    4. John Naumovski
    4 lawyer answers

    If you are a U.S. citizen, there would only be a problem if there was a warrant for your arrest. If you are detained or met at the airport, please be aware you still have the right to remain silent and to decline any interview. If they have a basis to take you to jail, let them take you and hire an attorney as soon as possible. If you are not a U.S. citizen, it is possible for the U.S. to decline you entry based on a pending charge. I do not know if they deny visas for an arrest, but there...

    6 lawyers agreed with this answer

  7. If I dont show up for court as a witness will the charges be dropped against him? does it help that the cops filed three differe

    Answered over 1 year ago.

    1. Patrick Owen Earl
    2. Jeffrey W Holmes
    3. Robert Jonathan Davis
    4. Lenell Rae Nussbaum
    4 lawyer answers

    You may retain your own lawyer to advise you what your options are depending on whether the service of the subpoena was done according to rules. Your lawyer also may be able to analyze the case and/or consult with his lawyer to see whether your absence will defeat the prosecutor's ability to prove the case. His lawyer may not advise you. These questions require a very specific analysis of the facts, and this forum is not a good place to do that.

    6 lawyers agreed with this answer

  8. How much time will i get if i have never had any proirs or even been in trouble for 1st offense of burglary1 and assault2?

    Answered over 1 year ago.

    1. Lenell Rae Nussbaum
    2. Dennis James Dressler
    3. James Regan
    3 lawyer answers

    Both of these crimes are very serious. The law does not permit the court to go easy on you because you have not been convicted before. A private lawyer can assist you even before a charge is filed if it has not been filed yet. If it has been charged and you cannot afford a lawyer, get a public defender and sit down with him or her to discuss your case. DO NOT DISCUSS YOUR CASE WITH ANYONE EXCEPT YOUR LAWYER -- not on the internet, not with friends -- only with your lawyer. Even your family...

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  9. Can an attorney get a Robbery 2 conviction reduced to a misdemeanor?

    Answered over 2 years ago.

    1. Lenell Rae Nussbaum
    2. Scott John Terry
    3. Benjamin J Lieberman
    3 lawyer answers

    There is no easy or direct way to reduce a felony guilty plea to a misdemeanor after it's all done. In very unusual cases, there may be some flaw in what happened that might permit a challenge to the conviction. It would require a lawyer experienced in post-conviction relief, it would be difficult and unlikely in most cases to prevail. Your son also might consider seeking clemency from the governor if he has demonstrated an exemplary turn-around in his life.

    6 lawyers agreed with this answer

  10. In WA state how does a victim of domestic violence file charges on an abuser if charges have been brought up on them?

    Answered over 2 years ago.

    1. Lenell Rae Nussbaum
    2. James J White
    3. Derek Michael Smith
    3 lawyer answers

    Your friend seriously needs to work with a domestic violence counselor to recognize how to get herself free from this very destructive relationship. She also needs a lawyer familiar with the dynamics of domestic violence to be able to demonstrate to the prosecutor what is really happening here. If she cannot afford to retain counsel, she should work with the dv counselor and ask them to assist her in meeting with her appointed lawyer. Her friends also might offer to meet with her lawyer to...

    6 lawyers agreed with this answer