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Lenell Rae Nussbaum

Lenell Nussbaum’s Answers

388 total


  • How long after prp is filed do I have to file federal appeal if no action on prp

    time bar on prp is sept. l6,2015

    Lenell’s Answer

    It depends. The basic rule is you have one year from the end of your appeal to file a PRP or a federal habeas. The federal year stops running when you file the PRP, and starts to run again from where it stopped when the PRP is finished. But the year may start running at different times depending on whether you asked the Wash. Supreme Court to review your appeal. It is very complicated and you should consult an experienced post-conviction lawyer to get an exact answer. It is possible for the federal year to expire before the PRP deadline.

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  • Grounds for dismisal..loss of evidence

    An officer came to my house to interview me about a fight that happened between myself and a friend. The officer at the point of contact says "you're being recorded." and points to a small camrea in the middle of his vest. He question me about the...

    Lenell’s Answer

    You want to litigate what happened to the recording. That requires filing a motion to compel the police department to produce it or explain why it can't. The result of that motion may provide a basis for dismissal or lead to other remedies. Your testimony in an affidavit is "evidence" that a recording was made. Only a motion will bring the issue to the court's attention so it can make a ruling. I encourage you to discuss it with your attorney or find a way to hire private counsel to do it.

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  • Charges for a minor breaking and entering

    a minor (12) was caught in a breaking and entering in seattle washington and did not have an intent on stealing what will the charges be

    Lenell’s Answer

    The prosecutor has the discretion to charge or not charge a crime. With no intent to commit a crime, it still is criminal trespass to break into someone else's property. You may want to retain counsel to confer with the prosecutor and help persuade them not to file a criminal charge.

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  • Pretty theft issue for college student

    I am doing masters in CA. involved in pretty theft at Target store. police office suggested me to attend court in next 2 weeks. my questions are 1. do I need to hire lawyer ? if so can you please provide suggestions ? 2, I'm on non-immigr...

    Lenell’s Answer

    I have recently represented foreign nationals on such a charge. The possible immigration consequences are far more serious than the criminal punishment. You must retain a lawyer familiar aware of the immigration situation. If you hire a lawyer quickly, they may be able to prevent a criminal charge even being filed. Please move quickly.

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  • I am filing an appeal. I just read cases where one can file an appeal late if it is based off

    of timely reconsiderations and revisions. Thus making it timely. When does the 30 days start is my question? Oh the day the revision was ordered, or the date of the orders of the hearings from the revision itself? It seems an appeal cannot be deci...

    Lenell’s Answer

    Your question doesn't provide enough information to completely answer the question. Criminal appeals have constitutional guarantees that sometimes permit extending the time to file an appeal. A civil case does not have the same constitutional guarantees. A revision usually occurs when a commissioner has made an initial ruling and a superior court judge then reviews it. The time to file the appeal runs from when a final order is entered, but you would want an experienced appellate attorney to review that timeframe for the specific facts of your case. I urge you to consult with one immediately.

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  • I want to represent myself in court. Please help

    I been charged with theft 3 and it's my 3rd offense. I have been going to counseling and I am going to take a consumer awereness class also. So my question is how can I represent myself in court? I was hoping to get a differed sentence pled guilty...

    Lenell’s Answer

    It's not clear why you want to represent yourself. By asking for help, you convey that you are not prepared to represent yourself. A lawyer is there to answer precisely the questions you ask, and to hear what your primary concerns are. The lawyer knows what the options are and the likelihood of success of any option, and the consequences of the different options or any fall-back position. A lawyer can review those options with you and find the best route for you to take based on your particular concerns. So, since you want answers to those questions, the best course is to either retain private counsel or ask the court to appoint a public defender for you.

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  • Is there any law against sexual talk with a minor online? not asking her to have sex, just role play sex online.

    a girl on a social website would not stop harrassing me to be her online boy friend and i told her i am 18 and she is 15. she threaten suicide and would not stop messaging me and cursing at me. i reported her but she just made a new account everyt...

    Lenell’s Answer

    Chances are very good the "girl" you communicated with is a police officer; or that you will now be contacted by such an officer pretending to be this or another girl. These are classic sting operations to find people willing to participate. Then the person who communicates thinking it is a 15-year-old girl is arrested and charged with a crime. Don't do it.

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  • Can I get something completely removed off my record.

    I'm not sure if you can help me or not my name is Robert I was wrongfully accused of a crime 22 years ago and the supposed victim has finally come forward and said that it never happened I'm needing help in finding out how to get this removed from...

    Lenell’s Answer

    Newly discovered evidence -- which includes a supposed victim coming forward to say the crime never occurred -- can be grounds for vacating a conviction. It must be handled with either a Motion for New Trial or a Personal Restraint Petition. It requires very careful handling, as the courts are often suspicious of whether to believe changed testimony. I encourage you to retain a lawyer experienced in post-conviction relief.

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  • I am working on a federal court appeal

    and see on the court's website page with the appeals forms a "transcript request" - do you have to already have the transcripts when you file the appeal or can you request that after, it isn't really clear

    Lenell’s Answer

    There is a difference between filing the Notice of Appeal, a simple form that doesn't require the transcripts, and filing the Appellant's Brief. You will need the transcripts to prepare the Brief, and you will need to file it with the Brief in an Excerpt of Record.

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  • My step daughter is charged with burglary 2. Do the conditions rise to the charge? Pub defender got plea offer from PA for burg2

    Her boyfriend was allegedly committing retail theft unknown to her and was accosted by four men outside of the store. She went to his aid not knowing he was shoplifting. The four men were wearing plain clothes and she did not know they worked for ...

    Lenell’s Answer

    If the boyfriend previously had been ordered not to return to the retail establishment, then it conceivably could be a burglary. Otherwise, these facts more often give rise to a robbery charge -- theft with the use of force. Your stepdaughter needs to work with her lawyer, and if she is not satisfied with that lawyer, consider her options for different counsel.

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