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Anthony E Howard's Answers
- 81 Legal Answers
- 1 Legal Guide
1
Attorney answers:
Is it legal for an 18 year old girl to date a 15 year old boy as long as there is no sex
This situation is controlled by RCW 9A.44.079 - Rape of a child in the third degree. Definition: A person is guilty of rape of a child in the third degree when the person has sexual intercourse with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim. This is more commonly known as "statutory rape." However, as you can see, the two can have sex legally as long...
16 people marked this answer as helpful
2
Attorney answers:
What is the process for expunging a 4th degree assault conviction in WA state
You need to do a motion to vacate under RCW 9.96. Vacating an assault 4 requires the following: (1) no pending charges or convictions; (2) offense was not violent as defined by RCW 9.94A.030 (assault 4 is not violent); (3) offense was not DUI or related; (4) offense was not sex offense; (5) all probationary conditions were satisfied; (6) you have never had another conviction vacated; (7) you have not had a no contact order, protection order, or restraining order against you in the last 5 years,...
4 people marked this answer as helpful
1
Attorney answers:
What is the procedure for getting felony assault conviction expunged from record
Vacating a felony is authorized by RCW 9.94A.220. The requirements are: (1) you must have completed your sentence and discharged under RCW 9.94A.220 (usually a certificate of discharge is issued after you've finished your sentence and paid off your financial obligations; this starts the clock on the timeframe to become eligible for vacating your felony); (2) there must not be any pending criminal charges, of any seriousness level, against you in any court; (3) your conviction must be "non-...
4 people marked this answer as helpful
2
Attorney answers:
What is the process for getting a restraining order in Snohomish County, WA
Go to your local District Court. In Snohomish County, there are 4 - South District Court in Lynnwood, Everett District Court in Everett, Evergreen District Court in Monroe, and Cascade District Court in Arlington. You can get the addresses to all the courts at www.courts.wa.gov. The staff at the front desk will give you the appropriate forms and schedule your court date. You will have an initial hearing for a Temporary Protection Order where you will need to present your side of the story....
3 people marked this answer as helpful
3
Attorney answers:
Probable Cause police stop: traffic & driving matter.
If an attorney gives you a "concrete" answer to this question, you should not hire him/her. The law is not concrete, and there are too many factors involved to give you a concrete answer. Who is the cop? Does the cop have a history of bogus stops? What is the copy saying he/she observed? Does the cop agree that it was only a few car lengths? Who is the prosecutor? Who is the judge? There are just too many unknowns to give you a satisfactory answer. Clearly, you were required to have...
3 people marked this answer as helpful
2
Attorney answers:
Is there a statute of limitations for larceny in Washington state?
The warrant was issued after the case was filed, so there's no statute of limitations issue. The warrant will expire at some point, but the prosecutor will renew it indefinitely. At some point, you should hire an attorney and schedule a court date to quash the warrant and proceed through the trial phase of your case.
1 lawyer agreed with this answer
1
Attorney answers:
School was closed for teachers conference, flashing light was turned off, no children present. I got a ticket for 8 mph over by
These tickets are generally won or lost based on procedure. As a last resort, you can challenge the officer's accusation that there were children present, that the light was flashing, etc., but it's usually better strategy to put the prosecutor to task with court rules, statutes, etc. If it's a camera case, the attorney will also be able to review the evidence and formulate the best strategy.
1 lawyer agreed with this answer
3
Attorney answers:
How long after a property damage accident can i be charged with a dui in washington?
In Washington, the prosecutor has 2 years to file DUI charges. Oftentimes, when you are taken to the hospitlal the officers order a blood test (instead of doing a breath test). The prosecution routinely waits until the lab results come back before making a charging decision. The lab is way, way backed up these days; it's not unusualy for it to take 6 months for charges to be filed. If you contact a local attorney, he/she may be able to make some inquiries to see if the prosecutor has...
1 lawyer agreed with this answer
1
Attorney answers:
I got in a fight with My Uncles wife. The fight happened at her house.
It's impossible to tell you what WILL happen. There are too many factors involved. You need an experienced attorney to review your case in detail for possible defenses. There appears to be a clear self defense argument for the assault. Next, was the No Contact Order properly issued (is it valid)? Next, can the prosecutor prove beyond a reasonable doubt that YOU sent the email? Are there evidentiary challenges to be made in an effort to keep the email out of evidence? It's important that...
1 lawyer agreed with this answer
3
Attorney answers:
Assault 4 charge w/no violent crime history
There is little you can do at this point. The prosecutor will likely file charges with or without your cooperation, and the Court will likely sign a "No Contact Order" with you. It is important that, whether you think it's fair or not, that your boyfriend avoid violating the NCO - or more charges will follow. It is vital that your boyfriend get an attorney right away because there are a lot of strategy decisions that need to be made right away. Good luck to you.
1 lawyer agreed with this answer