Carl A Munson JR's Answers

Does a missdomeanor fall off my record automatically after 3 years in washington state

Convictions do not fall off your record. You must make a motion to "vacate" old convictions. Expungement means to destroy the record and you cannot expunge convictions. In order to vacate a misdemeanor, you must have completed all of your sentencing obligations, including paying off fines and restitution. You must wait 3 years after the date you completed all of your obligations (for Domestic Violence convictions it's 5 years). You can not have another conviction after the one you...

5 lawyers agreed with this answer

1 person marked this answer as helpful

If a prosecutor questions a mans wife with out the husbands consent or knowledge...is there a crime on the prosecutions half?

I do not believe there is a "crime on the prosecution's half". I believe RCW 5.60.060 says your wife cannot be examined AT TRIAL or motions without the spouse's consent. It does not say the prosecution cannot interview potential witnesses. He or she may not get to use them at trial, but they can talk to them. Also, the statute says the husband or wife will not be kept from testifying if the spouse if a victim of the crime.

5 lawyers agreed with this answer

Went out for a date but the lady accused me of bruising her breasts and abuse! I need some suggestions, please?

First, don't say another word in a public forum like this one about the alleged facts of the case. Second, if she files a report with the police, then it is absolutely something you should worry about. You could wait to see if she is going to report this to law enforcement or you could contact a criminal defense attorney in your area now for a free consultation and discuss the issue. They would most likely tell you not to talk to law enforcement, at least without an attorney being present.

5 lawyers agreed with this answer

Looking For A Clearer Answer To A Criminal Question...

I'll take a stab at it. The prosecution must prove that the victim's fear is reasonable, meaning a reasonable person in the same or similar circumstances would be fearful that the threat will be carried out. If one makes a threat to kill you, the victim does not have to fear that they will actually be killed. It is sufficient to fear that the person will try to kill the victim, the person will seriously injure the victim, etc. If they make a threat to slash tires, it is sufficient if the...

5 lawyers agreed with this answer

Criminal: What Can Police record?

The microphones officers wear on their bodies when they pull over a vehicle are usually linked to a video camera in the patrol car, a "dash cam". When the officer contacts the driver or anyone in the vehicle, the law, RCW 9.73.090, he must advise them that they are being audio recorded. There is no requirement to advise them they are being video recorded. If people are taken into custody and the police wish to audio record their statement/conversation, they must follow the procedures laid...

5 lawyers agreed with this answer

I live in Seattle but got a ticket in Jefferson County, WA (near Port Townsend) from WSP. Can you help me contest it?

You may want to go online or look in a Jefferson County phone book for attorneys who handle traffic infractions. It will probably be much less expensive to pay someone located there than paying an attorney from Seattle to go to Jefferson county. With email and fax machines, you may be able to hire them without having to travel to Jefferson county.

Selected as best answer

Is it extortion? or illegal?

Hmmm, in my personal opinion, it could potentially be a problem depending on the characters involved. If the friend told the defendant, give me so much money and I won't "press charges", I believe that would technically fall under the definition of second degree extortion. RCW 9A.56.130. Look closely at the defense in 130. The assaulted may very well have a civil claim against the defendant also where money damages in addition to medical bills may be awarded. Doing it with a civil suit...

4 lawyers agreed with this answer

1 person marked this answer as helpful

What could be the sentence for 3 counts theft of a firearm and 1 count of breaking and entering?

We don't actually have an offense called "breaking and entering" in Washington. We have First Degree Burglary, Second Degree Burglary and Residential Burglary. If someone possesses a firearm while committing a burglary, it becomes a First Degree Burglary. If the 18 year old has not prior convictions, and were to be convicted on all counts, his standard range sentence would be 36 to 48 months. The standard range for the Theft of Firearm counts would be 31 to 41 months. The sentences for...

4 lawyers agreed with this answer

1 person marked this answer as helpful

How do I get a criminal trespassing, 2nd degree taken off my record once I'm done paying the fine?

Once you have completed all of your sentencing obligations (jail, probation, paying legal financial obligations), you may move to vacate the conviction (withdraw your plea and the charge is dismissed) after three years. Unless it is a DV case, then it is five years. You cannot have any new convictions and cannot have vacated a conviction before.

Selected as best answer

The officer was driving towards me in the other direction. Can his SMD be accurate when he is moving towards me?

The radar units can be used in different modes. It can be used in "moving" mode when he's moving and "stationary" when he's not. FYI, you should not make admissions in a public forum like this. You should consult with an attorney who handles traffic infractions. Often there are motions to make in infraction cases to get the ticket dismissed or reduced to non-moving violations. That of course keeps your insurance rates from going up.

4 lawyers agreed with this answer