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Jeffrey Alan Lustick
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Jeffrey Lustick’s Answers

332 total


  • Can i get inton canada on probation

    if it wasnt a felony can i still get in?

    Jeffrey’s Answer

    When it comes to criminal convictions, Canada first looks at what your state convictions is for and then they classify what the crime would have been if it had occurred in Canada.

    Canada does not use felony or misdemeanor to distinguish the level of their offenses. Rather, they have indictable offenses and summary offenses. There is also a class of hybrid offenses. Generally if an offense is indictable, the person can be denied entry into Canada.

    Some of the misdemeanors under Washington law that are considered "adjudicated indictable offense" in Canada include driving under the influence of alcohol, assault-4th degree-DV, and any attempted felony.

    I recommend consulting a Canadian immigration attorney for more information.

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  • License plate numbers, how easy to look up??

    I am interested in looking up a license plate number that may be involved in a situation... Yes I know, call the police.. But is there any (free hopefully) sites that anyone knows to try and one that actually gets results??

    Jeffrey’s Answer

    Most states, including Washington, restrict the public's access to information from license plate numbers. This is designed as an anti-stalking measure. There are some pay sites on the Internet, but I do not know how reliable or safe these are to use.

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  • Should i waive my rights for a speedy trial when my trial date is may 24 2010

    assult in 1st degree,unlawful imprisonment,harrastment

    Jeffrey’s Answer

    Usually unless you want a continuance, you should refrain from waiving your speedy trial right. Although dismissals cases for the state's failure to conduct a trial within 90-days (if the defendant is in custody it's 60-days) are very rare, the right to a speedy trial is fundamental and should be retained.

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  • Can I be prosecuted for fraudulent enlistment(by military or civilian courts) after separating from the military?

    I experimented with drugs before joining the military, but when I signed up I said I hadn't used drugs. I recently separated from the military after my 4 year term and wanted to know if I could still be prosecuted for fraudulent enlistment even th...

    Jeffrey’s Answer

    If you are not receiving a retirement benefit or VA benefits, there is practically little chance that the military would prosecute you for misstating the facts on your enlistment application. The UCMJ and the service personnel regulations do permit recalling a separated member for prosecution, but usually this is reserved for violent crimes or crimes involving sexual misconduct. The chances are very slim that you would be recalled for this.

    As far as your application for federal law enforcement,it is my understanding that they use a standard similar to the military. So if you admit your early drug use, you may be disqualified. To become an agent for the DEA, ATF or ICE, you will need a security clearance and they will actually pull your medical records. If you admit now to using drugs before the military and someone matches your enlistment papers to your current law enforcement application, they may see the discrepancy.

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  • Does asking a judge to terminate my unsupervised probation early disqualify me from enlisting in the military?

    Probation for First Offense DUI in California, 5 years. Arrested February 2010.

    Jeffrey’s Answer

    If the court's paperwork reflects that the change to your probation was made so you could enlist, the military will not accept this and you will be temporarily disqualified. This goes back to the 1950's when judges would frequently give defendants the option of going to jail or joining the military in lieu of jail. The military got several "bad apples" from this practice and now anytime a court cuts a criminal penalty short so the person can join the military, they bar the person from enlisting.

    If you can get this agreement by the prosecutor and the court to cut your probation early, just make sure some other reason if any if stated in the paperwork. I also would not inform your recruiter.

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  • Can I get a deferral for a "following too close" infraction in Snohomish County? I've had no tickets for 39 years.

    I was cited for "following too close" after rear-ending a vehicle. The sheriff's office deputy said that some tickets can be deferred. Can this one?

    Jeffrey’s Answer

    If the officer did not actually see the accident happen and based the ticket on what the other driver said, then the ticket may be supported only by "hearsay" which would probably be inadmissible at a contested infraction hearing. You can go to the clerks office at the court where the ticket has been filed and ask to see the officer's report. Then again, you may want to hire a traffic lawyer to look into this for you. Whenever I see a ticket being issued for a traffic accident, I usually see hearsay objections which I can raise to get the ticket dismissed.

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  • Do any lawyers work probono for criminal defence?

    just wondering.

    Jeffrey’s Answer

    In my opinion, it is rare to find attorneys willing to work criminal defense cases pro bono, or for free. The public defender is the agency which tends to occupy the field in this area.

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  • Do i need an attorney for DWLS 2nd degree, first offense?

    dwls is from a DUI.

    Jeffrey’s Answer

    It is always recommended that you have a lawyer assist and represent you whenever you have been charged with any criminal offense. In this case, a conviction for DWLS 2nd degree could add another one year of driver's license suspension on top of any license suspension you currently have. Also, if you are on probation, this new charge will in all likelihood, result in an allegation that you violated your probation. And even if you think that there may be no actual legal defenses to the allegations, having a lawyer explain your circumstances to the prosecutor may result in getting the charge dropped down to DWLS 3rd degree, which would mean at lot less penalties. So for these reasons, I would certainly recommend that you get a lawyer skilled in traffic law to assist you as soon as possible.

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  • Is it legal for the military to threaten and intimidate women who report rape and force them to sign a paper saying

    the rape never happened or they won't prosecute.

    Jeffrey’s Answer

    Rape victims are witnesses. It's a crime under both military law and civilian federal law to threaten or intimidate a witness. You haven't indicated where this is happening, but you may want to call the local FBI office or the local county prosecutor. The these two agencies may have the power to prosecute this rape if the military refuses to do. They may also be able to address whether or not the military forcing you to change your testimony is in itself a criminal act.

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