What are some special curcumstances prosecutors consider in plea bargaining ?
The truth about our legal system is that the vast majority of cases are resolved by plea bargaining. Every person accused of a crime has the right to have a trial, but trial is not the best way to resolve every case. Trials can be time-consuming, risky, stressful, and expensive--for everyone involved (the accused, the witnesses, the lawyers, the jurors, etc). In terms of plea bargaining, a lack of criminal history and the strength of the evidence are two factors the prosecutor should take into consideration. Sometimes there is a legal issue in a case which can lead to suppression of evidence. An experienced criminal defense attorney can advise you if your case has that kind of an issue.See question
Until now I have never committed a crime in my life. Over a month ago I found $500 at a public transit center and soon after spent it. Considering it was just in a plain envelope with no personally identifiable information, I'd assumed it was "fin...
Theft in the third degree is a gross misdemeanor in Washington with a maximum penalty of 364 days in jail and a $5000 fine. If you are found guilty or plead guilty to theft, it is unlikely you would serve additional jail time if you do not have a criminal record. The best thing you can do for yourself is to consult an attorney right away--you may have a defense to this charge. Don't talk about the details of the case to the police or anyone other than your lawyer. You may be able to resolve the case by way of a compromise of misdemeanor, which requires compensating the victim and results in a dismissal for you. Ask your attorney about it. Best of luck.See question
I made a horrible mistake and would like to keep a clean record for future graduate school and employment. Im in college and have an attorney. Will my case have a favorable outcome for me?
Understandably, you are nervous about this and how it will affect your future. Since you already have an attorney, the best thing you can do to assuage your fears is to talk to that attorney about your options. No (decent) attorney will guarantee a specific outcome, such as a dismissal. That said, I agree that compromise of misdemeanor would be a good resolution to try for. If you do end up with an unfavorable disposition, be sure to talk to your attorney about the possibility of vacating your record. Best of luck.See question
My sister is currently, voluntarily, in treatment. I have recently graduated from drug court, and gained all rights to my son back to due to many hours of hard work and providing clean UA's. I have been allowed to visit my sister in phase 1 & 2 pr...
I agree that you probably don't have a legal cause of action here, but sometimes other avenues can be helpful. For example, you could go to the media, whether traditional or social media. Publicize the wrong being done to you. Most treatment programs emphasize the importance of having a good support system of sober people. It seems counter-productive to your sister's recovery to prevent you from seeing her, especially when you have been so successful in your own struggle with addiction. Are there other people in your situation? Talk to other drug court graduates (congratulations on that huge accomplishment, by the way!) to see if there is a pattern of this kind of behavior. Sometimes you can effect a change if there is a public outcry.See question
I did the class, got the cert. no trouble since. But, Mom has decision making and acts like she doesn't have to consider anything I voice. Is this one moment of bad reaction going to dictate the rest of my visitation?
It sounds like you need the advice of an attorney who is familiar with Parenting Plans in Washington state. Having criminal convictions on your record can certainly interfere with your life in more ways than just having to do jail time or pay fines. You should speak with a Family Law attorney who could advise you about the best way to make sure you get to spend time with your children.See question
I was arrested last month for driving with a suspended license. I have an arraignment next week in King Co District Court. How should I prepare? I acknowledge that I was driving with a suspended license (3rd degree). What should I expect at the a...
I agree with my colleague Mr. Earl. I also wanted to add that it is good you have arranged to pay your ticket and gotten relicensed. Those factors will help your attorney obtain a more favorable outcome for you in this case. DWLS 3 is a misdemeanor in Washington and carries a maximum penalty of 90 days jail and a $1000 fine. It is unlikely that you will do jail time if this is your first offense. Your attorney may be able to resolve the case for you at arraignment if you hire one beforehand.See question
He has a mwdical mary jane card for our state and he has a misdermeaner offense in juvinile court.Jucinle court trying to send him to jail because he smoke pot for a medical condition. He has a legal green card to do it.U think his rights are bein...
There are different rules and procedures for juveniles, so an attorney who has experience in juvenile court would be your best bet. The law regarding marijuana is also in a state of flux right now. Many attorneys offer free consultations. Call and talk to a few until you find one you feel comfortable with. Ask them if they have previously handled juvenile cases and/or marijuana cases. You want one who has done both.See question
punishment i have a pregnant wife whos 8months and a daughter and new job just trying to change my life
If it is a pending misdemeanor assault, the maximum penalty you can get is 364 days in jail and/or a $5000 fine (if you either plead guilty or are convicted after a trial). But, keep in mind that the actual sentence you receive will depend on many factors, including your criminal history. If you are convicted and sentenced to jail, you will get credit for the 3 days you served. You should speak with an attorney as soon as possible to talk about your options and the likely outcomes. If you cannot afford to hire an attorney, you can get screened to see if you qualify for a public defender (see link below).See question
I am a happily married man. Went to a friends home to retrieve my vehicle that she had been borrowing. The alleged victim was drunk.I had my car keys in one hand-cell phone in another. When I went to leave she ran past me and blocked the door whil...
Remember, it is not your job (or your lawyer's job) to convince a jury that you are innocent. Rather, it is the prosecutor's job to prove that you are guilty. You are presumed innocent and continue to remain innocent unless the prosecutor can prove to the jury, beyond a reasonable doubt, that you are guilty.See question
I got second dui last month they change to differed . I went 1 month my dui class , I don't went last month they drop me now ? What should I do can I talk class online
Your question is slightly unclear, but this is my take on it: You are on a deferred prosecution for your second DUI and you missed a required treatment session. You want to know if your deferred prosecution is now in jeopardy. First, I am not aware of any online chemical dependency treatment options. If such options exist, it is doubtful a Washington court would accept them. Most likely, once the probation department gets notice that you are not in compliance with treatment, the court will send you notice to attend a review hearing. There are a couple of things you can do in the meantime. 1) Make sure the court has your correct address so you get notice of the hearing. If you miss the hearing, a warrant will issue for your arrest. 2) Contact the attorney who assisted you with your deferred prosecution right away and let them know what is going on. You have the right to be represented by an attorney at the review hearing. Missing one treatment session may not be enough to get your deferred prosecution revoked, but then again, the judge is likely to take a dim view of the noncompliance, especially given that this is a second offense. Make sure you have an attorney with you at the review hearing to give you the best chance of saving the deferred prosecution.See question