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Adam Joseph Yanasak's Answers
- 32 Legal Answers
- 0 Legal Guides
3
Attorney answers:
Do I need a lawyer
It is never adviseable to plead guilty to a criminal offense without knowing and understanding your rights and the consequences of a conviction. You should always consult with an attorney before pleading guilty to a criminal offense. If you have already pleaded guilty there may be ways to undo any damage, but you would need an experienced attorney to review your case and to assist you. If you do plan to take action to withdraw a guilty plea please act quickly before it is too late.
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2
Attorney answers:
A man is charged with Burg-1 and taken to jail the girl with him is not because she is a girl with a kid from the officers mouth
Yes, this is a sort of discrimination. It is also an example of police and/or prosecutorial discretion. However, it is not illegal and it not likely anything for which any party has a remedy at law. Of course there are many more factual details that you did not include in your question, but generally speaking there is nothing in the law that requires "fairness" and this sort of discretion is frequently exercised by law enforcement and prosecuting authorities in the context of enforcement of...
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3
Attorney answers:
Caught shoplifting. 18. Washington state. Help?
If you have not yet been charged, then there is likely little you can do until you get the notice of arraignment from the court. From your description of events you are likely correct that the charge will be Theft 3, but that would depend upon the overall value of the goods stolen. The best way to handle this case for now is to exercise your righ to remain silent and personally consult with an attorney as soon as possible. Most criminal defense attorney's offer free initial consultations....
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3
Attorney answers:
Ticket in Washington State-Officer wrote ticket for wrong car (not car I was driving)
This may give you a basis for an argument against the infraction, but there are other factors that would need to be looked at. For example, the officer's narrative report may correct this error or there may be other indications in the report that would lead to a finding that the description of the vehicle is merely a scrivener's error (i.e. a "typo"). And as pointed out previously, errors in the notice of infraction can be corrected. Your best bet for fighting this ticket (and winning)...
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3
Attorney answers:
Can a cop pull me over while he is parked illegally?
To answer your questions: Yes, it was likely unlawful for an officer to park or stand his/her vehicle on a bike path, and yes there are general size requirements for speed limit signs. However, just because an officer may have been illegally parked does not automatically mean he/she could not pull you over and cite you for speeding. Your best bet for fighting and winning against this ticket would be to hire a local attorney who has experience with these matters. You usually will need to...
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2
Attorney answers:
Whats theft count 1 with contrary to a gross misdemeanor?
In Washington criminal charges are generally filed by the prosecuting attorney, so it is not the store that is charging your friend. Even if the store said they were not going to "press charges" the prosecutor does not need a victim's consent before filing charges. It is common for a shoplifter to be released from the store only to recieve a summons at a later date to appear in court. It is also common for a shoplifter to receive a civil demand letter from a store after the incident...
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3
Attorney answers:
I am under investagation for burgalry what are my rights how soon do they need to prees charges
The most important right you have at this point is the right to remain silent. Even if you are innocent of any wrongdoing, if you are a possible suspect it is very important that you not make any statements or answer any questions. The best advice is to not talk to anybody except your lawyer about this incicent, and if anybody does come to talk to you make sure you ask for a lawyer before saying anything else. The County has up to three years to file charges, but if Skagit County is going to...
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3
Attorney answers:
What are the mirror tint laws in washington state? is it a first offence or second offence?
Under Washington law: the maximum level of net film sunscreening to be applied to any window, except the windshield, shall have a total reflectance of thirty-five percent or less, and a light transmission of twenty-four percent or more, where the vehicle is equipped with outside rearview mirrors on both the right and left. So it is not very clear just what this means. Regardless, it is a primary offense for which you can be pulled over and cited. Police often use this as a reason for...
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1
Attorney answers:
I was caught with a $50 or less item at school. What would happen in court?
Your question is not very clear, but if you were caught shoplifting an item worth $50 or less you could be facing a criminal charge of Theft in the 3rd Degree. In addition, you may be contacted by the store in an attempt to seek civil damages against you. They typically threaten to sue you and request that you send them a $200 - $300 to settle the case. If you are a juvenile, you would most likely be subject the jurisdiction of the juvenile court. You should consult with an attorney for a...
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3
Attorney answers:
I was arrested for trafficking stolen property in result of a sting and they put me on the news before i was actually charged
Pre-filing publicity of a case is not a grounds for dismissal of a criminal charge. Ultimately, there could be questions about whether publicity was such that it tainted the pool of potential jurors to a degree that a fair trial cannot be had requiring moving the case to a different venue. However, this is a high burden and not very commonly found to be the case. Your attorney could help explore these options and consider the individual facts of your case. But the bottom-line is that you...
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