David Stanley Marshall's Answers

Can my husband go to jail because my brother saw him grabbing our 4 year old nieces back leg to move her from kicking him?

If your brother gave the photo to the police, I presume he would also tell the police what he saw. If the police decided your brother was making a credible report of what they regarded as sexual contact with a child, it might not matter much that the photo didn't show it clearly. The police always have authority to arrest when they have probable cause to believe someone has committed a felony, and a statement alone can provide probable cause. So yes, if it played out this way, your husband...

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Mandated reporting judges and Protecting the children?

Judges are mandated to do their best to be neutral. In our legal system they are not to serve as allies of police, prosecutors, or any government agency. This does not mean, though, that a judge can do nothing when he or she learns a crime has been committed. But you say that in this case the kids' counselor testified. Counselors are mandated reporters of child abuse, so the judge may have presumed the counselor had made a report.

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What actions should we take regarding four grandsons in cps custody

From your question I cannot tell what you hope to achieve. Do you want the boys restored to their mother's care? Do you want custody of them yourselves? Do you want to get them to different foster parents? Do you want the one who was sexually molested to get compensation for that? Of course, you may not have thought all these things through. And without knowing more about the situation, a lawyer couldn't know which of these objectives would be realistic. In short, you need to meet with a...

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What is the pentalty for child neglect and aggression towards a child

"Aggression," as your check of the DSHS Web site suggests, is not a word used much in Washington law concerning child abuse. Maybe your step-daughter's mother is actually going to be charged with Assault of a Child. That's a crime that comes in several degrees of severity. She should contact a lawyer for help if she's facing a possible criminal charge. As for the boyfriend, it sounds as though he may be facing, not a criminal charge, but a possible "founded" determination by Child...

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My dad reported me as being a neglective And using drugs and not caring for He made a call to cps and I don't know what to do.

Yes, CPS, with the help of the police, can remove children from a parent's care immediately on the basis of evidence the children are in danger. You need to get a lawyer's help right away. A lawyer can contact CPS for you and probably can get a picture of the evidence against you. If indeed CPS is contemplating action, the lawyer can help you work out some compromise or, if that isn't possible, can get ready to fight CPS in court.

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Is 2nd degree attempt of stolen property/possession considered a theft charge?

Yes, the employer likely will consider it a theft charge. Prosecutors often bring the charge when they believe the person stole the property, but they think they can prove only that he or she possessed it while knowing someone had stolen it. If you have a pending charge for possession of stolen property, you should get a lawyer's help in trying to avoid conviction. Your employment prospects will be brighter if you are not convicted.

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Charged with Indecent Exposure, can they make it stick? WA ST RCW 9A.88.010

The statute requires that one expose oneself "knowing that such conduct is likely to cause reasonable affront or alarm." According to what you have written, you did not expect to cause affront or alarm. If you so testify and the jury believes you, you should prevail. Of course, you can expect the prosecutor to argue that the jury should not believe you. A defense lawyer, after examining your case in depth, could advise you on how the jury would likely respond to your testimony.

Is a PRP which raises obvious and inherently prejudicial constitutional errors held to the time bar restraint?

There are six statutory exceptions to the one-year time bar. In order to avoid the time bar, one must be able to fit the error within one of them. I know of no other exceptions to the time bar.