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Lenell Rae Nussbaum's Answers
Contributor Level 13
- 256 Legal Answers
- 0 Legal Guides
3
Attorney answers:
How can this person withdraw his plea agreement? Is there enough grounds present to support a withdrawl of plea agreement?
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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3
Attorney answers:
Can an attorney get a Robbery 2 conviction reduced to a misdemeanor?
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.
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3
Attorney answers:
In WA state how does a victim of domestic violence file charges on an abuser if charges have been brought up on them?
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...
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3
Attorney answers:
What is the penalty for violating a protection order if both parties are amicable and want to have contact.
The penalty for violating a no contact order is a new criminal charge for a gross misdemeanor. If the girlfriend does not want a no-contact or protection order, it would be good for her to go to the court and ask to have it lifted. But even if she wants contact, if your son has contact with her, he can be prosecuted and punished again.
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3
Attorney answers:
What are the consequences of ignoring a summons for second degree theft?
A summon is the civilized method of directing you to come to court to deal with what happened. The alternative is to arrest you and keep you in jail to make sure you appear in court. So far, you have taken the civilized approach of making repayment. The entire system, prosecutors and judges, will be impressed by anyone who has worked to make amends before being brought in on criminal charges. However, if you decide to blow off the summons, it suggests you are not taking responsibility....
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3
Attorney answers:
Can i appeal a court ordered no contact order?
I am guessing from your question that your husband was charged with a crime, and the no contact order was entered in connection with that charge. You certainly can contact the prosecutor's domestic violence "victim's advocate" and express your wish that the court lift the no contact order. However, in my experience in Western Washington courts, the advocate is very reluctant to lift a no contact order until the case is resolved or the defendant has participated in some domestic violence...
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3
Attorney answers:
I was arrested and charged with cyber harrsment and cyber stalking dv. when i went to court the judge put no contact order in pl
Both attorneys' answers above are correct to the extent that you need a lawyer. You should not "accept their deal" without consulting with a lawyer. It sounds as if the short term problems are overwhelming you. A lawyer will help you consider the bigger picture, the long-term considerations, and the context in which the judge is viewing it. There is no easy way to lift a no-contact order. A lawyer can help you consider what avenues are available and what alternatives you have. If you...
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3
Attorney answers:
What are the basic grounds for an attorney to be considered ineffective assistance of counsel and how do you file it?
In State v. Sutherby, 165 Wn.2d 870 (2009), the Washington Supreme Court held that the statute defining possession of child pornography meant multiple images in a single location were to be counted as a single image. The Court of Appeals had interpreted the statute the same way in 2007 (138 Wn. App. 609). The Legislature amended the statute after the Court of Appeals decision and so clarified that each image must be counted as a separate crime. The Sutherby decision, therefore, applies only...
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3
Attorney answers:
Denying bail.
Mark Stephens's answer is quite good, and I always appreciate a referral and a vote of confidence! However, if this case involved a conviction for a sex offense, the Legislature enacted a statute that most courts interpret as prohibiting an appeal bond for such an offense. Please also be aware that while it may not take long to get an appellate lawyer appointed, the appeal itself usually will take 18-24 months until the Court of Appeals issues an opinion, whether you have appointed or private...
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3
Attorney answers:
I need a good attorney to represent me in Yakima but would prefer someone out of Yakima. Im facing a 2nd degree assault.
Many lawyers in Seattle practice all over the state. Some lawyers in the tri-cities also frequent Yakima. Jim Egan in Kennewick is excellent: 509/586-3091. Wherever you choose to select a lawyer, you have to review their background and experience and should explain your concerns that make you want someone from out of town. Good luck.
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