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Jahnis John Abelite

Jahnis Abelite’s Answers

9 total

  • Want to understand my old case? This is my only criminal issue ever. Want to better understand.

    a few years back I got arrested for a misdemeanor. It was in King County District Court. I was young and didn't pay much attention. Now I want to know. I emailed the court and got the following reply: "A deferred sentence was entered in march ...

    Jahnis’s Answer

    The other attorneys are correct in most respects. True, you can say you have never been convicted of a crime. But, you may not be able to get that "non-conviction data" removed, i.e., expunged or sealed, from your records because you very likely did enter a plea of guilty and then some time after completing the court imposed requirements, the court on its own motion withdrew your plea and dismissed the action. You need to hire an attorney to completely review your court record or docket and then give you your options. I have done this many times and I can tell you that every case can be different and there are no hard and fast rules in these matters.

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  • My dad just passed away and I found forged checks from his ex-girlfriend totaling over twenty thousand dollars. can I prosecute

    her?

    Jahnis’s Answer

    The other attorneys are correct as you have to take all of your documents to the prosecutor in the county where your late father lived. The prosecutor's office will analyze those documents to decide whether or not a criminal offense has been committed. That is the correct course of action as to the criminal aspect of your situation regarding your father's estate. You may also have the option to pursue a legal action against the alleged forger in a civil action in the context of your father's estate. You may be able to sue the alleged forger to try and get the money back into your father's estate. The advantage of pursuing a criminal action is that the prosecutor can make restitution, i.e., repayment, of the illegally taken sums of money a condition of the sentence whether the case is resolved by trial with a guilty plea or plea agreement. Good Luck!

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  • Should I take the CFD or am I giving up my rights?

    I have been offered a CFD in my criminal case. If I accept this deal, and when the case is dismissed, will I still be able to go after the guy that started this mess in civil court or does that go out the window?

    Jahnis’s Answer

    You have to remember one very important thing about how a criminal case gets to court. Initially, a police report is taken and then the police report is sent to the prosecutor for review. The prosecutor files the action in court if sufficient to support a charge being filed and you are then summoned to court to answer the charge(s). Prosecutors have immunity from being sued. Once the person who files the police report gives their information, they have no control over how the case is prosecuted. The only way that person could face any consequences would be if he or she filed a false report with law enforcement but that is yet another criminal matter and not a civil one. The only opportunity for you to do anything about such a situation, if that is really the case, is to provide the prosecutor with very strong almost irrefutable evidence that the complaining party gave a completely false report to the police that would support a charge of false reporting which is a criminal offense. A dismissal of a charge in a Continuance For Dismissal situation does not automatically give you a right to go after the person who filed the report with the police.

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  • How many days of service/ notice required for criminal motions?

    In state of WA, how many days lead time/ notice of service is required for scheduling a motion in misdeamnor criminal cases, assuming the case is in district court. Are motions heard on specific days only?

    Jahnis’s Answer

    It depends upon what type of motion it is and where in the court process the motion is being brought and for what purpose. The other attorneys are correct in that the general rule for motions in district court criminal cases requires 5 court days notice. But each court is different and the judge can increase the time to file motions, such as pre-trial motions that are to be set before the trial date. The judge can also increase the time one side has to respond as well. It all depends upon the judge and the facts and circumstances of the particular case.

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  • Owe $ from 2008 accident no civil suit filed shouldn't I be able to get that money dropped? completed all srvices required

    hit and run unatteneded 2008 completed all required. $ is lean from other insurance company but no civil suit was ever filed

    Jahnis’s Answer

    There are really three issues in your situation: court related, license related and civil law related. It sounds like you may have your court requirements taken care of. If the other car's insurance company filed an uninsured insurance loss claim against your license, it is normally only valid for three years, which is the length of the statute of limitations in Washington State. The first attorney who answered this question is correct in that the company may have filed suit but if you could not be found for service of papers, the lawsuit papers may have been filed with the Secretary of State's Office in Washington State. You definitely need to hire an attorney as I have seen from my extensive experience that such cases require an extensive and complete review of your case so that you can work on getting your driver's license back.

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  • I am in the last 6 months of a deferred prosecution, and have been summoned to appear for a review. the summons says review AAs

    I am in the last 6 months of a deferred prosecution, and have been summoned to appear for a review. the summons says review AAs. (Deferred prosecution on DUI In Washington). I have not been in trouble and have never failed a drug test. So without...

    Jahnis’s Answer

    All of the other attorney answers are indeed helpful but I would add one additional course of action for you to take: Telephone the probation department of the court where you had the Deferred Prosecution entered. This is the best source for information because the court normally issues a summons to appear based upon the probation department's review of your file. If the probation department cannot help you, call the clerk of that same court and ask someone there to explain the basis for the hearing. You may need to contact an attorney if you are facing the possibility of having your Deferred Prosecution revoked due to non-compliance.

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  • How can I reinstate my "driving privileges" in WA following a suspension if I no longer live there nor need a WA license?

    The suspension was from a DUI 5 yrs ago and I have since moved to a different state and obtained a valid license in that state. The license suspension was delayed but I have fulfilled all other court obligations (assessment/treatment, jail time, ...

    Jahnis’s Answer

    I agree with the other Washington lawyers. You could go online to www.dol.wa.gov and see what the requirements are to reinstate your driver's license. But if you are in another state, you will need to obtain a clearance letter from Washington DOL. You may also call DOL directly at 360-902-3900 and wait to speak to a representative. But ultimately, you will need to hire an attorney who can guide you through this process and take whatever steps are necessary in the court where your case was adjudicated.

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  • I received a ticket on December 26th 2012. At the time the officer informed me that I was speeding, and driving recklessly.

    UItimately, when he returned to my vehicle he informed me that I was being fined for speeding, and for following too close. He stated further that he had been tempted to fine me for reckless, or negligent driving, I can't remember which, an additi...

    Jahnis’s Answer

    The answer is very straightforward. You had 15 days to respond to your traffic infraction case and if the court did not receive the response within 18 days of the date (allowing three days for mailing to the court) it was issued to you, then you were too late and the violation(s) would have been found committed and an additional fee of $52.00 for failure to respond would have been addeed. It is poossible to dispute the finding but you must act promptly and there must be a good reason given to the court as to why you may have delayed your response.

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