On October 4th my girlfriend and I got into a heated argument at our residence. She called the cops on me and said I was threatening her with a knife. When the police arrived they only found a few things broken and some stuff knocked over. She sai...
Assault First Degree (DV) is a serious violent strike offense. The Prosecutor can add a Deadly Weapon enhancement and increase your penalties. You're looking at prison time. Judging by your story, there's no good evidence of the allegations. This is a "He Said / She Said" case. Hire an attorney who regularly practices felony trials in the jurisdiction you're charged. And please read my Legal Guide titled, "DEFENDING AGAINST DOMESTIC VIOLENCE CHARGES." Good luck!See question
My BF got arrested with an Assault 1 with a Deadly weapon DV. I have felt intimidated by the Police DEPT to press charges. I never agreed to write a statement. I felt like I got pushed into doing it. I told the cop I did not want to and he kept pu...
The best thing you can do is to contact your BF's attorney and provide a written statement he can present to the Prosecutor showing you are an uncooperative witness. Also, please read my Legal Guide titled, "DEFENDING AGAINST DOMESTIC VIOLENCE CHARGES." Good luck!See question
My girlfriend's sister intentionally squashed my toe with the leg of her chair and she kept it there for several minutes without stopping. When she pulled it away, my big toe nail was ripped right off. Also, she pulled it away really slowly so it ...
Your girlfriend's sister could be charged with Assault Second Degree. It is a Class B felony punishable up to 10 years prison and a $20,000 fine. A person is guilty of assault in the second degree if he or she (a) Intentionally assaults another and thereby recklessly inflicts substantial bodily harm; or (b) Intentionally and unlawfully causes substantial bodily harm to an unborn quick child by intentionally and unlawfully inflicting any injury upon the mother of such child; or (c) Assaults another with a deadly weapon; or (d) With intent to inflict bodily harm, administers to or causes to be taken by another, poison or any other destructive or noxious substance; or (e) With intent to commit a felony, assaults another; or (f) Knowingly inflicts bodily harm which by design causes such pain or agony as to be the equivalent of that produced by torture; or (g) Assaults another by strangulation or suffocation. I've attached the statute for your review. Good luck!See question
Here is what happened. I got a Summons 2 days before the court date I had no time to make arrangements to make the court date. So bench warrant issued. (I can prove this) The following week I had two review hearings for two prior violations. ...
Please read my Legal Guide titled, "Quash Your Bench Warrant" and "Making Bail." In short, hire an attorney to make concerted, methodical efforts towards these goals. Hiring an attorney shows the Prosecutor and Judge that you're serious about resolving these matters.See question
I have few emails showing intent/circumstantial evidence that were forwarded to my email account that I would like to use in my misdemeanor case.The question is whether they are admissible.
Among other things, the admissibility of evidence depends upon its nature and what it purports to prove. First, the offered evidence must be relevant, probative and not prejudicial under the "balancing tests" set out in Evidence Rules (ER) 401-403.
The second challenge is whether email evidence is admissible or inadmissible hearsay. Under Evidence Rules (ER) 801-803, hearsay is an out-of-court statement made to prove the truth of the matter asserted and is generally inadmissible. However, ER 803 offers exceptions to the general rule. Does the email apply to one of the exceptions? I've attached ER 803 for your review. Good luck!See question
I am a victim of a violent crime. The agressor is charged and going to jury trial. I have heard that friends and family members do not represent reliable witnesses since they might favor my side. Does the judge decide or is it up to the jury?
At trial, the jury decides whether witnesses are reliable. Jurors also receive jury instructions to assist their decisions. Jury instructions are the set of legal rules that jurors ought follow when deciding a case. Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury.
Typically, WPIC # 1.02 is given to the jury along with other jury instructions. WPIC # 1.02 pertains to the credibility of witnesses, and states the following:
"You are the sole judges of the credibility of each witness. You are also the sole judges of the value or weight to be given to the testimony of each witness. In considering a witness's testimony, you may consider these things: the opportunity of the witness to observe or know the things he or she testifies about; the ability of the witness to observe accurately; the quality of a witness's memory while testifying; the manner of the witness while testifying; any personal interest that the witness might have in the outcome or the issues; any bias or prejudice that the witness may have shown; the reasonableness of the witness's statements in the context of all of the other evidence; and any other factors that affect your evaluation or belief of a witness or your evaluation of his or her testimony."
Typically, friends and family members are not considered reliable witnesses unless they directly witnessed whatever criminal activity allegedly happened. Otherwise, their testimony is suspect because they could be interested in the outcome of the case.
I've attached WPIC #1.02 for your review.
Good luck!See question
My daughter used my credit card without my permission to transfer money on SnapChat into her account. She did this about a dozen times. I am considering pressing charges but would like to know what the average sentence is for this situation. We...
Prosecutor can charge your daughter with Theft in the Second Degree (Wrongfully Obtain or Exert Unauthorized Control of Access Device) under RCW 9A.56.040(1)(d) and 9A.56.020(1)(a). This is a Class C felony punishable up to 5 years prison and/or a $10,000 fine per each charge.
Did you EVER, EVER give her permission to use your credit card? Under RCW 9A.56.020(2)(a), it is a defense to Theft charges that "The property or service was appropriated openly and avowedly under a claim of title made in good faith, even though the claim be untenable . . ."
With no prior criminal history, she's looking at 0-60 days in jail. However, and as one attorney alluded to, her jail/prison exposure increases with the number of counts she's facing.
Please consider the magnitude and future implications of filing criminal charges against your daughter. Interventions are free. Paying for a lawyer to defend your daughter from criminal charges you brought is NOT. I've represented clients in situations very similar to your daughter's. Theft is a crime of dishonesty. Future employers will not hire your daughter if she's convicted. Good luck!See question
My little brother is being accused of molesting someone. However, nothing matches up. There is no evidence of any kind, and the stories are inconsistent. The accuser has said multiple times that she did not see who it was and that it could have be...
These cases are VERY difficult. I just conducted a 2-week jury trial with similar facts. Although the jury ruled 10-2 "Not Guilty," the judge declared a mistrial because the jury was not unanimous. And THIS is considered a good result in sex cases!
Know this: prosecutors LOVE withholding evidence in sex cases. They also don't want their witnesses and victims to be interviewed. Hire an experienced and competent trial attorney to interview the witnesses and argue Motions to Compel Discovery. If you're lucky, the police have already conducted recorded interviews with the witnesses and victims. Get copies of these interviews! You might find even MORE inconsistencies. For more information, please read my Legal Guide titled, "MAKE THE PROSECUTOR COOPERATE! ARGUING MOTIONS TO COMPEL PRETRIAL DISCOVERY." Good luck!See question
my dad and I, we're driving my brothers truck that had a bad gas gauge. We had $300 in groceries in the back and ran out of gas. We walked 16 miles and went to seines door to see if they might have a can. The only signs we saw walking into their p...
Are you charged with Criminal Trespass Second Degree? If so, the crime is a simple misdemeanor punishable up to 90 days jail and a $1,000 fine. Under RCW 9A.52.080, a person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree.
Here, the Prosecution must prove knowingly. They could possibly prove this because you saw the sign; obstructed or not.
Nevertheless, you might have a good Necessity defense. Necessity is a defense if (1) the defendant reasonably believed the commission of the crime was necessary to avoid or minimize a harm; and (2) the harm sought to be avoided was greater than the harm resulting from a violation of the law; and (3) the threatened harm was not brought about by the defendant; and (4) no reasonable legal alternative existed.
You have the burden of proving this defense by a preponderance of the evidence. Preponderance of the evidence means that jurors must be persuaded, considering all the evidence in the case, that it is more probably true than not true.
Here, you and you father walked 16 miles after running out of gas. You're also experienced health problems. These emergency conditions made it "necessary" to knock on the door of a home that otherwise disallows trespassing (of course, it'd be wise to conjure any medical documents regarding your health condition). Hopefully, your attorney can persuade Prosecutor to reduce or dismiss under the circumstances. Perhaps Prosecutor would enter a Stipulated Order of Continuance (SOC). For more information, please read my Legal Guide titled, "GETTING CASES DISMISSED VIA STIPULATED ORDER OF CONTINUANCE." Good luck!See question
A friend of mine is being threatened to be charged for stolen property found in some of his passenger's backpacks and a purse placed in the trunk of the car my friend was driving at the time. My friend had no knowledge of the stolen items in the v...
Under RCW 9A.08.020(3), a person is an accomplice of another person in the commission of a crime if: (a) With knowledge that it will promote or facilitate the commission of the crime, he or she: (i) Solicits, commands, encourages, or requests such other person to commit it; or (ii) Aids or agrees to aid such other person in planning or committing it; or (b) His or her conduct is expressly declared by law to establish his or her complicity. I've attached the statute.
Your instinct is correct. The Prosecutor must prove "knowledge." No knowledge, no crime. Don't worry about what PI's say. Respectfully, they're not attorneys.
Good luck!See question