Mark R Stephens’s Answers

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...

It sounds like your son was not formally arrested unless APD transported him to the Denney Juvenile Detention facility. Arlington Police have no authority beyond the investigation, writing a report, then forwarding the case to Snohomomish County Prosecutor, Juvenile Unit. Lawyers there will review the case for charging. While any "assault" on a cop constitutes a felony, most prosecutors here are fair minded and file charges while exercising discretion. Your son may be given an opportunity for "...

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...

States all have registration requirements and most (like Washington) can charge you with a felony. I believe most states try to match the crime that most resembles the crime you committed and require you to register under their law. The good news is that there are so many people in your position that it's becoming clear to many of us that registration rolls do little to protect the public. The vast majority of "sex offenders" did not commit predatory offenses. Those who do are finally...

All solid advice. However, never underestimate the wrath of a disgruntled employee when met by an inexperienced prosecutor... maybe flip the employee a couple hundred dollars severance.

You have been offered an "expedited plea" by which you accept the plea to a Gross Misdemeanor instead of risking being charged for a much more serious Felony. Good deal? Usually, but not always. More and more I represent clients in this situation only to analyze the evidence and discover it is weak. Without a thorough review of the discovery it is impossible to properly advise you. That said, I believe you should not plead guilty unless you, with the assistance of a good lawyer, believe it is...

Wow, that's a tough question. DUI and most reduced charges from DUI are not EVER removed from your record here in WA, but if it can done in Idaho do it. It can only help. My guess is that Idaho notified all states if there was an administrative finding apart from the court case that you submitted a test over the legal limit, or refused the test, the suspension likely carries over. Worst case, you should get your IID installed if you drive in WA. Finally, the Order issued by Idaho is...

Only juvenile records in Washington are "sealed". Adult Felony convictions may be "vacated" under many circumstance, but not Sex Offenses. Sorry.

As worded I doubt it. Her level of intoxication would be impossible to measure that long after the drinking. Furthermore (despite public sentiment) it is not a crime to consume alcohol but otherwise drive safely even with a child in the car. Either make other arrangements or monitor her drinking. If DSHS gets a report the child is endangered by your mother's drinking you could face legal problems for "failing to protect" the child. Good luck!

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...