got dumped and seriously hurt broken pelvis ruptured blatter,the police were here yesterday left him here because of his injuries,they want him to talk to them about what happend,we feal he shouldnt talk to them without an attorney present,but can...
He should not answer any questions asked by the police. Period. Just like on TV, everything he says can and will be used against him. People often tell the police things that they think are a defense but actually make the situation worse.
Your son does not have to have an attorney to refuse to answer questions. If he is not in custody the police do not have to read him his rights. He needs to refuse to answer all, and I mean all, questions. The police are allowed to lie to get a confession or statement. The only safe course of action is silence. If and when he is charged with a crime he will be able to obtain an appointed attorney if he can't afford one.See question
in the past no insurance tickets were concidered non m,oving in wa. state. But I'm trying to get a new job and their legal dept. is saying that they are a moving violation. This is the only thing holding me back from getting this job, what can I d...
In Washington State a citation for not having insurance is considered a non-moving violation. The list of moving violations can be found in the Washington Administrative Code (WAC) at 308-104-160. Here is a link to that list: http://apps.leg.wa.gov/WAC/default.aspx?cite=308-104-160.
The above is for educational purposes only and does not create an attorney-client relationship. Information provided here is not a substitute for a consultation with an attorney who has the ability to consider all available facts and the specifics of an individual's circumstances.See question
Also if sentence for 15-20 months for residential burglary what can that person do to get out sooner?
Your question seems as if it should be easy to answer. It isn't without much more information. Washington's Sentence Reform Act created "determinate" sentencing and eliminated parole. The SRA is changed almost every legislative session. This results in different outcomes depending upon the sentencing date and what kind of priors the defendant has.
Residential Burglary is a level 4 offense. A 15-20 month sentence range means that the defendant has prior convictions (with no priors the range is 3-9 months). A sentence within the standard range is the time to be served. Good time calculations are complex due to numerous changes in the law. In general, Residential Burglary is eligible for up to 33% good time. This can be less if prior convictions were for certain crimes. DOC is also using a "risk" scoring form to determine each inmates risk level.
To get the maximum available good time you need to avoid infractions of prison rules, do recommended programing and have a release plan approved by DOC.
A defendant's attorney, having all of the needed specific information, is in the best position to answer questions about the possibilites for a particular defendant.
The Sentencing Guidelines manual is available online at: http://www.sgc.wa.gov/
DOC's good time (and other) rules are at: http://www.doc.wa.gov/family/offenderlife/default.asp
All of the above is intended for informational purposes only and does not create an attorney-client relationship. The above answer is subject to modification depending upon an individual's particular circumstances.See question
there is someone incarcerated now and owes money to his lawyer for the case that he worked.
The lawyer can pursue the same civil remedies as for any other debt. The client's status as an inmate has no impact on the debt. The attorney can sue for a court judgment and then try to collect from any assets the inmate might have.
Most criminal defense attorneys ask for money up front because trying to collect a fee after the case is over is time-consuming. It is also pointless if the client/debtor has no assets (bank account, real estate, wages) to pay with.
Even if unpaid, though, an attorney is still bound by the rules of professional responsibility. The lawyer can not divulge client secrets or do anything to harm the client's interests in the case. Any attempt to do so should prompt a complaint the state bar association.See question
i couldn't get to my probation meeting
I won't ask you why you missed the meeting, my advice would be the same. Call your PO. If you can reach him/her say you missed and want to come in as soon as possible. And then follow through by showing up. If you can't reach the PO directly, leave a message even if it means going to their office and leaving a note with the receptionist. The idea is to be straight up and show that you are willing to make up the visit.
If a warrant has issued, find out which court the case would be heard in and when they deal with probation matters. At this point it might be helpful to have an attorney to call the prosecutor and the PO to see if the warrant could either be quashed or arrangements made to show up at court to have the judge hear the matter without you having to sit in jail waiting for a date.
You did not say if this was a misdemeanor case, a felony, or whether it is DOC community custody. If it is a violation of community custody the matter is heard before a DOC hearing officer. In these DOC hearings not only are you not entitled to an attorney, if you have an attorney he/she is not allowed to participate. (I know this sounds wrong but it would take too long to explain here).
A word of caution: you are very likely to be drug tested after missing a meeting, so keep it clean. Good luck.See question
This is in regards to two court cases.These include attempted ID theft (found a bank card & ID on the ground and tried to use it in a bank to withdraw cash to no avail) & accused theft 1 (acquaintance misplaced a ring and accused him of stealing i...
No. The statute of limitations concerns the period of time between the commission of the crime and the filing of charges. The period depends upon the crime. Gross misdemeanors usually have a two year statute of limitations. Some crimes, such as homicide, do not have a statute of limitation; charges can be brought no matter how old the case.
Once charges have been filed there is no longer a statute of limitation issue. When someone fails to appear the court usually issues an arrest warrant. Warrants can remain open for an indefinite period or the court can re-issue expired warrants. Sorry, but these cases will not just go away.See question
on september 28 2008 i got my second dui and they are just now putting me thru court when it happend i made a deal with the dea and they let me go he is now saying that i never complied and i did but he never called me back so i thought everything...
Statutes of limitation deal with the time between the crime and the charging of the crime. Once charges are filed, the statute of limitations no longer applies. I am not licensed in Alaska but in most states the court's jurisdiction period does not run out if a warrant is issued. In short, you can't wait this case out, you will have to deal with it. Better to go to court on your own, even if there is a chance of being jailed, than get picked up when you least expect it. It also looks better to the court that you can in on your own. You should get a local attorney to help you with this. Good luck.See question
I own a bar were the local township police relentlessly observe the bar parking lot across the street while they are on “routine patrol” between the hours of 10pm to 2am, when the bar closes. Would this be considered entrapment? Because; in my opi...
The prior answers are correct. What you should be concerned about is over-serving your customers. If they are being pulled over after being followed from your establishment there is no question that they had their last drink at your place. This can have a consequence for your liquor license if the police complain about the number of DUIs coming from your bar. There is also a serious issue of civil liability if a driver leaving your establishment is involved in an accident.See question
..ends in a mistrial. How many times may the prosecuting agency retry assuming additional hung juries are produced? Relevant RCW?
There is no statutory limit. Because a hung jury does not result in a verdict, retrial does not violate double jeopardy. There is an exception if the mis-trial is improperly granted over the objection of the defense. But this is unusual and specific to the individual facts of a case.
If the jury was hung 5-1 to convict it increases the possibility of the prosecutor going for a second trial. If the majority of the jurors were favoring a not guilty verdict the prosecutor might be open to a reduction in charges. It is very unlikely that a prosecutor would ever go for a third trial on a DUI.
As a side note, the recent trials of a deputy sheriff charged with excessive force against a juvenile in detention shows how unpredictable trials can be. The first jury was 11-1 to convict. The second jury was 11-1 to acquit. Same facts, same prosecutor, same defense attorney. Trials are always unpredictable.See question
i need legal advice but every time i put a question the lawyers want me to call and hire them.i cant afford a lawyer but i understand people got to make a living. i got arrested for 2 assalt 4s and disordly conduct for fighting.i was sucker punche...
First, assault 4 is a gross misdemeanor which carries a maximum sentence of 365 days in jail and a $5000 fine.To get the maximum you'd have to have a pretty horrible criminal history. Disorderly conduct, at least under the state statute (RCW 9A.84.030) is a simple misdemeanor, carrying a maximum sentence of 90 days in jail and a $1000 fine.
It is very difficult to predict a realistic possible sentence. It depends upon the specific facts of your case: the nature of the assault; injuries to the other party; the prosecutor who has the case; the judge who does the sentencing and so on. Your past criminal history is also a factor even if it is 11 years old, particularly if it is a history of assaults.
Many defendants might expect no jail or a few days in jail. It would be unusual for a sentence beyond 30 days but it could happen. Some courts are willing to convert jail time to community service or to authorize work release. What is a bigger problem for many defendants is the habit of judges to impose two years of probation. You get to pay probation fees. If alcohol or drugs were involved in the charges you can expect to be required to obtain a drug/alcohol evaluation and to do any recommended treatment. Anger management classes are another possibility. Failing to abide by the probation conditions can result in more jail time than the original sentence.
Whether you hire your own attorney or use the public defender you can make your attorney's job easier. Write down all that you can remember about the incident. If there were witnesses, try to get names and contact information. In talking with your attorney try to stick with the facts the attorney needs to evaluate defenses. It is natural to want to vent about the unfairness of the situation but this only takes time away from preparing the case. If your attorney tells you to get a drug/alcohol evaluation before trial or plea, do it! Better to get an evaluation from a reliable evaluator than to gamble with a probation officer doing.
I hope the above helps and good luck to you.See question