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Sarah Beth Tuerk

Sarah Tuerk’s Answers

10 total

  • Can I contact 3 employers the same day for every week for my job search here in Washington state.

    3 employers contact for every week. could I do it at he same day or date for each week here in Washington state.

    Sarah’s Answer

    I'm not sure that I understand the exact nature of your question. But, if you are referring to the Employment Security (unemployment benefits) requirement for weekly job logs, you do have to make three separate contacts every week in an attempt to find work. You can make all three contacts in one day, rather than spacing them out throughout the week. You are supposed to contact different employers for each contact, however - so don't call the same three every week. So, if your question is whether you can make all three weekly calls on the same day for that week, the answer is yes.

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  • Can a 17 y.o. runaway file a CHINs petition to legally get out of an abusive home situation so he's no longer a runaway?

    The 17y.o. has a family that will take him in so that he will be in a safe and supportive environment, and start to get his life back into order. The family he has run from adopted him so they would be able to adopt his little sister. They want...

    Sarah’s Answer

    Yes, a CHINS petition can be filed in the county where the youth/parent resides. Generally, a free packet of information including the petition and instructions on how to proceed can be obtained at the clerk's office at the juvenile court. There are specific legal requirements for having a CHINS petition granted and you will need to review them thoroughly to determine that the youth meets the conditions to qualify as a child in need of services. It sounds like this case could fall within the category under the law that states "The child is in need of necessary services (including food, shelter, health care, clothing, education, or services designed to maintain or reunite the family); and the child lacks access to, or has declined to utilize these services; and the child’s parents have evidenced continuing but unsuccessful efforts to maintain the family structure or are unable or unwilling to continue efforts to maintain the family structure." Once you obtain the packet of information from the court, you will have to make an appointment with a Family Reconciliation Service (FRS) worker through DSHS before you can actually go to court for a hearing. The details on how to do this should be included in the packet and the clerk's office can give you general direction but will not be able to give legal advice.

    The attached link for the King County Juvenile Court provides further information that may be helpful.

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  • If i have a "sealed" criminal back ground will it show up on a background search?

    I got in trouble for Malicious mischief (lowest degree) and possession of Marijuana, both when i was 16 and got a diversion. I chose to do a diversion for both charges and did lots of community service, the court then said they will "seal" the rec...

    Sarah’s Answer

    If your firearms rights were revoked, you would need to petition the court to have them restored regardless of whether your records are sealed or not. However, it sounds like you may not have lost your rights if all you had were misdemeanor charges and you successfully completed diversion. You should contact the juvenile court to inquire about that. If needed, you can get a packet from the clerk's office to petition to have your rights restored. The packet should only cost about $20 and will likely come with instructions on how to proceed.

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  • I have a bench warrant for failure to appear. Now what?

    I was arrested and spent a night in jail for DUI in Marquette mi about 12 years ago. However, I lived out of state and never appeared. I haven't paid my fine nor have I done anything about it. I want to take care of this as my obligation and am wo...

    Sarah’s Answer

    I agree with both of the previous answers. Contact a criminal attorney to set up a consultation and have the attorney set a court hearing for you. It's great that you want to take responsibility and take care of your legal obligations now. I would suggest that you gather any information that might reflect a positive change in your life since you got the DUI (letters of recommendation from employers, pastors, schools, any educational degree or certificate you may have earned, a favorable drug/alcohol evaluation, etc.) to present to the court. If you have money available to pay off the legal financial obligation, that would also look good to the court. As the previous attorney mentioned, you should be prepared for the possibilty of being held in jail until your disposition hearing - However, turning yourself in by contacting a lawyer and setting a hearing is going to be much more favorable than getting picked up on the warrant by the police. Depending on your circumstances and what assurances you can give the court to show that you are no longer a flight risk, you could just be given house arrest while awaiting disposition (plea or trial). Best of luck to you!

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  • With the recent Dec 6th 2012 law change in WA, can my girlfriend and I still file for domestic partnership?

    We live together and are both in our 30's.

    Sarah’s Answer

    Yes

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  • I am looking for an immigration attorney to represent my fiance Jose Diaz Tolentino in Northwest Detention Center, please.

    My name is Esther Cordova, my email is cordovaesther@ymail.com, my phone number is 425 622 4078, please feel free to call. We are looking for information on how we can get married, and if it's at all possible to speed up the process in getting him...

    Sarah’s Answer

    I recommend that you contact immigration attorney Marina Dzhamilova for a consultation. 206.850.3202.

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  • Can you file bankruptcy with home for sale

    I own a home in another state that I was renting to my niece while I work my temporary travel jobs out of state. My niece moved out and I lost that income now I have to pay the mortgage and utilities on an empty home as well as pay rent and utili...

    Sarah’s Answer

    You can sell your home, with approval from the bankruptcy trustee and the Judge. Or, you can retain the property under a homestead exemption and sell the property after the bankruptcy (which does not require approval from the trustee and judge). In either case, you can likely retain some or all of the proceeds of the sale if it's the only home you own. Check this website for more specific information on the homestead exemption in the state where your home is located: http://thismatter.com/money/credit/bankruptcy/chapter-7/homestead-exemption.htm

    Further legal authority on exemption for proceeds of a sale, if you're interested....

    The United States Court of Appeals for the First Circuit recently held In re Cunningham, 513 F.3d 318 (1st Cir. 2008) that the proceeds of a sale of exempt property retained exempt status. The Court cited 11 U.S.C. 522(c) which states that “[P]roperty exempted under this section is not liable during or after the case for any debt of the debtor that arose … before the commencement of the case, except [for certain debts, such as tax and child support
    obligations].” Highlighting the “after the case” language and the noting limited exceptions, the Court extended the protection of the exemption to the proceeds of the sale of the home.

    Best of luck to you.

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  • Arrest record expungement?

    I live in Washington. Last March, I was arrested for a big misunderstanding and the charges were dismissed. I work as a substitute teacher and would like to find full time work but am worried about the arrest showing up when they run my background...

    Sarah’s Answer

    OSPI and school districts will have records from the Washington State Patrol. You can go to the WSP office and request to inspect your own record. Or, for $10, you can also go to the WSP website and order a “WATCH” transcript (Washington Access to Criminal History), which will allow you to view and print everything on your record in this state.

    Although your charge was dismissed, it will still show up on Washington State Patrol records. Unfortunately, you do have to wait for the statutory requirement of two years to elapse before you can petition to have your non-conviction law enforcement records deleted. You may find additional helpful information at the following website: www.legalvoice.org

    Washington statutes regarding dissemination of criminal records and conditions for deletion of non-conviction records can be found on the Washington Courts website: apps.leg.wa.gov

    RCW 10.97.060
    Deletion of certain information, conditions.
    RCW 10.97.050
    Restricted, unrestricted information – Records.

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  • Can i get child support?

    My husband got arrested for DV and there is a pretrial but his attorney keeps asking for continuence. This is draining me financially without him living with me to support our child. Can I get child support? And its two months since he has help...

    Sarah’s Answer

    Child support is determined by the parent's ability to pay and the child's need. If you file a petition for dissolution or legal separation, you can then bring a motion for temporary orders requesting child support. The support obligation would be effective on the date the temporary order is entered by the Court. When final orders are entered, a request can be made to collect support retroactively from the date of separation (i.e., when you moved into separate residences). I recommend that you consult with a family law attorney to discuss your options based on the specific facts of your situation.

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  • I'm 18, my boyfriend is 16, we are thinking of becoming sexually active... is it legal in WA?

    if it is consensual of course. Or could I get charged with rape?

    Sarah’s Answer

    Yes, it is legal. The age of consent in Washington State is 16. For your reference, RCW 9A.44.010 sets forth the definition of "sexual contact" and "consent."

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