Adrian Martinez Madrone’s Answers

Adrian Martinez Madrone

Bellingham Criminal Defense Attorney.

Contributor Level 14
  1. Daca misdemeanors

    Answered almost 2 years ago.

    1. Adrian Martinez Madrone
    2. Bruce Clement
    2 lawyer answers

    I am assuming that when you say "daca" you are referring to the new Deferred Action for Childhood Arrivals action which allows some undocumented immigrant children to remain in the U.S. Under the DACA rules, a person is not eligible for relief if they have been convicted of a felony or "significant misdemeanor." Significant misdemeanor is defined as "burglary; domestic violence; sexual abuse or exploitation; unlawful possession of firearms; driving under the influence; or drug distribution or...

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  2. If your case is dismissed with predujice and sealed or expunged with it show up on your RAP sheet?

    Answered about 2 years ago.

    1. Adrian Martinez Madrone
    2. Scott Weymouth Lawrence
    3. Patrick Owen Earl
    3 lawyer answers

    Even if the case was dismissed, there will still be some record that exists in the court computer system and in the law enforcement agency system. It is possible to get a record of "non-conviction data" removed from those systems, but you have to wait two years to make the request to get that data cleared. I have never understood why Washington requires the two-year wait period, but that is the law for now. As other answers have made clear, it is very difficult to make a record completely...

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  3. R Does anyone know how a mental health deferred prosecution TREATMENT PLAN for DUI should be structured to satisfy the court?

    Answered over 1 year ago.

    1. Adrian Martinez Madrone
    2. Patrick Owen Earl
    3. James D. Laukkonen
    3 lawyer answers

    Mental health deferred prosecutions are less often used in DUI cases than drug/alcohol deferreds. Typically a d.p. requires an evaluation, a treatment plan, a petition to the court, and a proposed order for the judge to sign. The petition and order are standard court forms that would be available through the local court or online. The paperwork is fairly extensive, so it would be easiest to have an attorney assist putting this all together for you.

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  4. WA State Prison- Does an inmates Constitutional Rights to access the courts supersede a security threat from receiving caselaw?

    Answered 11 months ago.

    1. Adrian Martinez Madrone
    2. Kenan Lee Isitt
    3. Robert Jason De Groot
    3 lawyer answers

    I agree with the prior answer that mailed case law should not be denied by DOC. However, the next question is what to do about it. Your friend will have to find a way to get DOC in front of a judge to litigate the denial of information. That may be hard to do from inside (but is not impossible). If he can hire an attorney, that would help. Public defenders would likely not handle an issue like this, but be could consider contacting a legal aid organization like the ACLU, Columbia Legal Services,...

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  5. NO SPEEDY TRIALS IN WASHINGTON STATE?

    Answered almost 3 years ago.

    1. Adrian Martinez Madrone
    2. Erik P. Kaeding
    3. James J White
    4. Derek Michael Smith
    5. Scott Weymouth Lawrence
    6. ···
    6 lawyer answers

    Your attorney is pretty accurate in saying that there is no such thing as a speedy trial anymore. The court rules on speedy trial have been watered down to the degree that they are almost meaningless. It is very difficult anymore for any defense attorney to get a case dismissed based on a speedy trial violation. The court rule that governs speedy trial rights is Criminal Rule for Courts of Limited Jurisdiction (CrRLJ) 3.3. If you look at this rule, it is actually quite long and involves a...

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  6. Can, or should I file an appeal?

    Answered about 2 years ago.

    1. Christopher A Swaby
    2. Adrian Martinez Madrone
    3. Timothy A. Provis
    4. Joshua Sachs
    4 lawyer answers

    I agree with Mr. Swaby's answer. In general, it is difficult to withdraw a guilty plea. However, even if you were able to withdraw your plea, it might be tremendously risky to do so. Your right to appeal after a guilty plea is very limited and there are strict time limits that apply. So you may be out of luck in that area as well. I would agree with Mr. Swaby that you should contact the attorney who represented you at the time of your plea to see if s/he has an explanation for why things...

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  7. How can a man get released in this situation?

    Answered over 1 year ago.

    1. Adrian Martinez Madrone
    2. Carl A Munson JR
    3. Patrick Owen Earl
    3 lawyer answers

    This person would need an attorney to file a habeas corpus petition in federal court if DOC is unlawfully keeping him locked up. There is also an equivalent type of action in state court. These are not easy actions to win, so legal counsel is absolutely necessary.

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  8. What does ICE do with handicapped illegal aliens?

    Answered over 1 year ago.

    1. Adrian Martinez Madrone
    2. James D. Laukkonen
    2 lawyer answers

    It is not clear what they would take this into consideration for. If he is being held in ICE detention, they would likely have to make some effort to accommodate his disability. But they probably will not handle his case any differently just because of his leg.

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  9. My nephew is on a most wanted list in Kitsap County Wa for child molestation, but claims he is innocent.

    Answered almost 2 years ago.

    1. Adrian Martinez Madrone
    2. Elizabeth Rankin Powell
    3. Vitaliy Kertchen
    3 lawyer answers

    As the other answers state, the grandparents do face some risk of getting in trouble if they allow him to live with them while aware that he has a warrant for his arrest. They should consider talking to a lawyer for themselves, and encourage the nephew/grandson to contact a separate lawyer for himself.

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  10. Need to expunge my my misdemeanor conviction in WA but was arrested in a different state once without a conviction

    Answered 9 months ago.

    1. Adrian Martinez Madrone
    2. Carl A Munson JR
    3. Jason T Schwisow
    3 lawyer answers

    I agree with Mr. Munson. An arrest without conviction should not hold up a motion to vacate your Washington misdemeanor (assuming, of course, that there are not currently charges pending against you from that arrest). The timeline for a motion to vacate is three years from the day you complete the last condition of your sentence (including paying fines, finishing probation, etc.) There are certain things that could extend the three-year period, but you would need to consult with an attorney for...

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