Australian citizen, washington state, we can post bail for her in county but feds have hold on her for 1 gram cocaine possesion, shes already been in jail 3 days and could be in there for two weeks longer which seems highly excessive when I can po...
As a criminal defense attorney in Bellingham, I deal with cross-border issues quite frequently. These cases are complicated as they involve issues with Washington State law, US federal law, US/Canadian border law, etc. Your best bet is to talk to an attorney who is experienced dealing with all these different issues. Feel free to contact me is you would like to discuss further.See question
My brother was sentenced in 13 and has two more years left. He is a violent offender. (Not domestic case ) . This was his first offense. He says he wants to send in the form but not if he's gonna get more time
Simply filing a PRP will not result in more time being added to his sentence. However, if he succeeds with his PRP by, for example, getting a new trial ordered or getting his guilty plea vacated, he would be going back into court and essentially starting over from the beginning. From there, he could end up with a better, worse, or the same result. He will need to consult with an attorney to get more detailed information about his specific circumstances.See question
Which was amended to Assault 4 in the plea offer. His second charge was Attempted Robbery in the first degree. This was dismissed. They added a new charge of which they call, Attempt to intimidate a witness. I thought for them to give him a new c...
This is not unusual, and there does not appear to be anything legally problematic about how this was done. Also, a reduction from Assault 2nd/Attempted Robbery 1st to Assault 4th/Intimidating a Witness would generally be considered a good result for most cases.See question
Trying to complete a pre-hiring questionnaire for a position that involves FINRA licensing. I was arrested 3 years ago for jaywalking and charged for failure to obey and resisting arrest, both total bogus charges that were fully discharged after 1...
From your description, the answer would likely be yes. However, your exact circumstances may vary, and there may be options for cleaning up your record further. That being said, many employers expect a very high level of transparency, and I suspect a financial organization connected to FINRA would be one of them. Disclosure of an arrest that did not not result in a conviction may not necessarily disqualify you from the position. However, if the employer believes you have been dishonest with them, that almost certainly will disqualify you.See question
One for trespass and one for shoplifting less than 200$
You will have to appear in court and request to have the warrants quashed. You can do this yourself by going to the court clerk's office and requesting to schedule a quash hearing. Or you can hire an attorney who can take care of this for you. The court may require you to pay a fee to have the warrant quashed, and there is always a risk you could be taken into custody (depending on the details of your situation). Consult with an attorney for a further detailed analysis of your case.See question
I have a felony conviction for V.U.C.S.A back in 1993. I would like to be able to travel out of the country and other rights. I still owe a fine.
When you are convicted of a felony, you lose the right to vote, to serve on a jury, and to own/possess firearms. If you have stayed out of trouble for a period of time, you may be able to get most or all of these rights restored. The fact that you have not paid the fine may limit your ability to fully clear your record, but you should still be able to get most of your rights restored. Also, each foreign country will have their own individual rules about letting people in with prior criminal convictions. You will want to consult with an attorney for more specific advice about your individual circumstances.See question
I had my record vacated last August and I thought that by March, when I decided to get a new job, that everything would be cleared and good to go. Turns out that even though my case was closed, my paperwork for vacation was never filed t...
Unfortunately, the process available for vacating convictions in Washington is imperfect. When you get a conviction vacated, it will no longer show up as a conviction on a background check through Washington State Patrol. WSP is also responsible for notifying the FBI for purposes of federal background checks, and it usually takes 6-8 weeks for the FBI to update their records once they are notified by WSP. However, cases do slip through the cracks. Also, there are private background check companies out there who have their own databases separate from the FBI/WSP. There is no way to predict how up-to-date those private databases are.
Once a criminal conviction is vacated, you can truthfully answer under Washington law on job applications that you were never convicted of the crime. However, if an employer comes across the record, they may get the impression you were not being truthful. Sometimes it may be better to disclose up front that you had a conviction that was later vacated. Ultimately, you have to make this judgment call.See question
The first one I was with someone who stole steaks and the second I did take something. I thought the files were sealed when I turned 21, but I guess not.
If these were juvenile offenses, you may be able to have your juvenile court record sealed. This may or may not help with your Nexus application as immigration and border laws operate separate and apart from US criminal law. Feel free to contact me as I regularly practice in these areas.See question
My boyfriend went to vacate a theft charge misdemeanor from 2010 (5 years ago). He could not because he has since then had another charge (not involving theft).He wanted to vacate the theft charge beucase he got a job but after they did the back...
In Washington, criminal convictions do not fall off your record automatically, no matter how much time goes by. And as your boyfriend is finding out, you can only go after the most recent conviction when you want something vacated. Washington law also says you cannot get a misdemeanor conviction vacated if you have ever had another charge vacated. Basically, you get one shot to get a conviction vacated, and you can only go after the most recent one. This law leaves a lot of people (like your boyfriend) in tough situations, no matter how much time goes by. Unless the state legislature improves this law, he appears to be stuck with this conviction for life.See question
Public Defender coerced our son into pleading guilty. He was given 30 days in jail and a fine. All parties except the public defender signed it. Can that be a technicality that she didnt sign?
Reading between the lines a little, you seem to be asking, "Would the fact that the defense attorney did not sign the sentencing documents be grounds to overturn the sentence?" The short answer is probably not. There are two things to know here. First, it is difficult to withdraw a guilty plea once the case is over. You typically have a short period of time to file this type of appeal, and the grounds to get this type of appeal granted are very limited. Second, even if your son was successful, the outcome is that the case would get refiled and he would have to start over fighting the case from the beginning. His outcome could then be the same, better, or possibly worse. Your son will need to consult with an attorney to know more about whether his circumstances would qualify him for any type of appeal.See question