Mark R Stephens's Answers

What are good questions to ask a alchohol/substance abuse treatment center before joining? Court order 6 mos for 2 dui

So we have answers provided by two lawyers who are not licensed to practice offering advice on how to complete a six month court-ordered treatment plan. One answer was actually fairly consisitent with local practice. The other is bizarre, and would waste the questioner's time when the Court has given the defendant a limited time period after serving the sentence imposed. If that answer was misunderstood, or the reader thought the lawyer was conveying some informed wisdom, it's entirely...

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Should a victim's family who was not present at the time of crime be allowed to take the stand?

Without a full transcript of the trial, it is impossible to evaluate a judge's decision on evidentiary rulings at trial. In other words, you feel the testimony wasn't fair, but the judge allowed it (I would hope over defense counsel's objection). So long as there was an objection, there may be an argument on appeal that the judge who presided over the trial made the wrong ruling, making the defendant's trial unfair. Here in Washington (I don't know how things work in Alabama), the defendant...

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What kind of errors are sought out during a criminal appeal?

Having filed about 20 criminal appeals in Washington, I can say any errors that should be raised on appeal likely needed timely objection before or during trial. An Appeal of a Guilty Verdict in Washington entitles the defendant to one "direct appeal" to the next highest court. For example, if convicted of a Felony in Superior Court, the defendant is entitled to review by the appropriate Division of the Court of Appeals. If you were convicted in King County, that would be Division One. The...

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How can you get 8 DUI's and still be on the street?

First, I agree with the advice given by Mr. Jolly, an excellent LOCAL attorney who ably handles these types of cases. I would just add that DUI Felony charges are not common according to a few local prosecutors for any number of reasons. Many "Courts of Limited Jurisdiction" as they are defined in Washington, particularly Municipal Courts as opposed to County District Courts, do not preserve records of prior cases. Felony crimes in WA must be heard in Superior Court, the "Court of Record"...

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A Protection Order has been issued. The perpetrator now plans get a Protection Order. Can he?

I agree that anyone can apply for a Protection Order, but most Judges or Commissioners hearing such Motions would like to know that an Order has already been issued protecting the victim. If the Order was issued as part of the criminal case charged, he cannot use the application for his own Order as an excuse to contact her. If she has not assaulted or threatened him, the Court would not have grounds to issue the Order. However, it is not uncommon for people in these situations to exaggerate...

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I got my first DUI, and was accused of alluding and MIP. what can I do..I am 18 years old

Yes, there probably are.... If an unlicensed lawyer says hire a qualified licensed lawyer to answer your question, and sort of suspects there might be some law in the other state that could be important, that lawyer should not bother. Fortunately the Washington lawyer recognized that this young man was arrested for Felony Attempting to Elude a Pursuing Police Vehicle, plus either DUI or the under age 21 driving after drinking law (it wasn't clear), and being a Minor in Possession of...

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Parole for violent offender

There is no such thing as "Parole" in Washington, unless the crime was committed before1982. The first thing to know is whether the "violent offender" has two prior convictions for "Serious Violent Offenses", in which case the defendant faces a life sentence if convicted of either 1st Degree Assault counts, under the "Three Strikes" law. No parole, no release. Life Sentence. Even without two prior strikes, the "standard sentence range" starts around 17 years at the low end, and is probably...

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What is punishment will my husband get for 4th degree assault for domestic violence given hes got a criminal record?

There are no mandatory minimum sentences for crimes of Domestic Violence in WA. The nature of his "criminal background" will be the most important factor in the Judge's decision on bail, and whether to issue a No Contact Order. You have a right to be present at the bail hearing, and express your feelings about an NCO. If you were the victim in any prior convictions, if he has ever failed to appear in court on any of his prior cases, and whether any priors were also DV cases. The maximum...

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Will I get my prescriptions filled in Snohomish county jail? Got 30 days for second DUI charge?

It has been awhile, but I had a client who received Abilify while in Snohomish County Jail. Ideally you should go there ahead of your committment date, like at least a week. I think the Medical staff prefers that the meds be delivered, sealed in the original pharmacy bottle. With the full thirty day supply. I don't know if they even need a separate prescription so long as they are approved, and the name is a match. Generally speaking they will not allow any pain killers stronger than tylenol,...

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My son is in Kitsap Jail and wants to transfer his probation to San Diego CA where we, and his family live. Who can I call?

Your question makes it difficult to provide advice specific to your son's situation. You say he is in jail here in Washington. If he is serving a sentence for a Felony, and expects "Community Supervision" (i.e. felony probation) upon his release, he will need to apply for transfer of supervision to California from the local WA Dept of Corrections office there in Kitsap. If he is serving a misdemeanor sentence, any conditions of probation are monitored by the local probation department...

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