If there is no prior criminal history, the standard range sentence is 93-123 months. Under certain circumstances, the court can order a sentence above or below the standard range. On a charge as serious as this one, hopefully the accused has the assistance of an attorney.
1 person marked this answer as helpful
It is criminal because the legislature says it is criminal. They should lobby their legislators if they would like to see the law change.
Your ex will not be able to discharge his child support obligation in bankruptcy. As a creditor, you should get notice of his bankruptcy filing from the court. There will be instructions on how to file a claim, which you should do, letting the court know how much he owes you. The good news is that if his other debts are discharged, maybe he'll finally have the money available to pay you what he owes. Good luck.
1 person marked this answer as helpful
You don't say what the value of your house is. You should consult with a local bankruptcy attorney (many offer free consultations). Your state will only allow you to exempt (protect) a certain amount of equity in a home when you file bankruptcy. You need to make sure that your equity does not exceed the allowable exemption for your state. If your equity is within the allowable exemption, and you decide to keep the house, you should be able to reaffirm the debt in the bankruptcy.
1 person marked this answer as helpful
The extradition laws only apply to felony charges, so you should not be arrested in Puerto Rico and extradited back to Washington on misdemeanor charges, such as DUI or reckless endangerment. Of course, if you return to Washington, you should contact an attorney and make arrangements to see the judge and request that your warrant be quashed. Your attorney might even be able to work out a deal on your case with the prosecutor, which can be entered at the same time you do your warrant quash....
1 person marked this answer as helpful
Every jurisdiction has different policies regarding probation. You should consult with an attorney, or at least talk to the local probation department to find out what their policy is for "unsupervised" probation. Most likely, they will allow you to check in by phone if you are moving out of state. But best to check with them before you leave.
Yes, they can file for bankruptcy, but you should contact a bankruptcy attorney in your area (many offer free consultations) to see if you can file an objection to their bankruptcy discharge, based on fraud or bad faith. You should also contact your state Attorney General's Office (Consumer Protection division) to report your experience with this business.
What's the best thing that can come out of the trial? Is there a realistic chance that you will be acquitted of all the charges, or is it pretty likely that you are going to be convicted of the one count of assault anyway? If you are very likely to be convicted of the one count of assault, you might consider the offer, because then you know what the prosecutor will be recommending for a sentence. After trial, even if you end up with just the assault conviction, the prosecutor could ask for a...
If your father is eligible (financially) for a public defender, he should meet with his assigned attorney and determine whether he feels that this is the best attorney to represent him. Just as in private practice, some public defenders are more experienced and diligent than others. If he decides to hire a private attorney instead, that attorney can substitute in at a later time. But that decision should be made fairly quickly so that either attorney has sufficient time to prepare for trial.