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Michael P Brodsky
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Michael Brodsky’s Answers

305 total


  • Is a domestic violence case related to a parenting plan case? These two cases were consolidated

    without notice to me or hearing or order. Also it is my understanding if a case is pending resolution then cases cant be consolidated is this correct? This is superior court. What are the rules regarding consolidation of cases?

    Michael’s Answer

    While an allegation of domestic violence could certainly effect your parenting (dependency?) case, in the State of Washington they cannot be consolidated or joined because one is criminal and one is civil.

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  • I'm Canadian. Had a un-paid speeding ticket in WA in 2006. Stopped at border last week. Force to the court next week.

    What's gonna happen?? I was stopped by the border agent, he called the police officer and I was sent back to Canada. Have to go to court next week.

    Michael’s Answer

    You don't tell us what you were charged with but given your old unpaid ticket I'm guessing you were charged with driving with license suspended in the third degree, a misdemeanor punishable by up to 90 days in jail and a $1000 fine. Now nobody ever gets that kind of sentence and once you get your driving privilege restored you can probably get it reduced to a non-criminal infraction. If you hire an attorney before your arraignment you may be able to avoid appearing in court altogether.

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  • Is it a violation of a no contact order if I change the password to my Playstation network account?

    My wife has a no contact order for a BS assault that never happened. A deputy called me and said the people at my old house were trying to log in but couldn't and he told me to give him my password or it was a violation of the order. I created the...

    Michael’s Answer

    I guess I'd need to look at the order to be absolutely certain, but if it is a violation then it would be the most unusual NCO I've ever encountered. It would almost seem more likely to be a violation if you DID give them the PW. Perhaps it was someone impersonating a deputy? If so, that person was committing a crime.

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  • Prosecution withholding Evidence

    I have done some research, is it illegal for the prosecution to knowingly withhold evidence from the defense in any kind of criminal case?

    Michael’s Answer

    IF the evidence being withheld is "exculpatory", meaning it has a tendency to show the defendant is not guilty, then it is absolutely a violation of the the rules of discovery and the defendant's constitutional rights to withhold such evidence. This is known as "Brady" evidence and applies to all information held by the prosecutor as well as other law enforcement agencies such as the police. But, as with all rules and laws, there are exceptions and it gets complicated. You need a good attorney willing to ferret that out.

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  • False Domestic Violence for helping a person out.

    My Son, was involved in a verbal argument with his ex girlfriend and baby momma. She went to charge at him, tripped and as she was falling, he caught her. The only marks on her are on the sides of her boobs under her arm pits. He was yelled at and...

    Michael’s Answer

    Because it's so politically charged, just about any allegation of domestic violence will result in an arrest first, ask questions later. Your son was under arrest from the moment 911 was called. The good news is that weak DV cases like this one are worth fighting. And in response to the question "Is there anything he can do to prove he's innocent?" Remember, he doesn't have to prove he is innocent. He comes into court with the presumption of innocence. That means the State or City have to prove he's guilty. He doesn't have to prove he's innocent. Your son needs the assistance a good defense attorney to fight this charge for him.

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  • Can I get a DUI/DWI if my wife has video evidence of me drinking and driving?

    While driving she has secretly videoed me drinking l, having open containers, and doing I with our son in the back seat. She's also pregnant. Can their be child endangerment charges?

    Michael’s Answer

    Hard to imagine how they could really prove impairment from just a video. Certainly couldn't prove >.08 within two hours.

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  • Can juvenile felonies affect your adult record if they are not sealed off?

    I am trying to apply for a job and I have three juvenile felonies. I am working on getting my record sealed. I have not been in trouble as a adult or in the last four years.

    Michael’s Answer

    In most instances in Bellingham, juvenile felonies can be sealed fairly quickly and easily.

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  • How do I get a misdemeaner expunged ? In 2004 I made a phone call after hours (no threats, just late ) .

    Only thing ever on my record. The judge told me at the time that if I was good for two years I could have it removed. It has been eleven.

    Michael’s Answer

    Its unclear what you were convicted of, but you should be eligible to vacate (Washington doesn't do engagement) after 3 years assuming you have no new convictions and have never had another charge vacated.

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  • Can I return to house i was trespassed from if i have permission from the owner>?

    Can I return to house i was trespassed from if i have permission from the owner>?

    Michael’s Answer

    I think I would need more information to give you an answer. Who "trespassed" you if not the owner? Was it a tenant or at a tenant's request? If so, they probably have the right to exclude you from their home even if the property owner says its OK. Make sure you know the answer before just going there and risking a criminal charge.

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  • Is content that is found on the website candydoll.tv legal in the united states.

    It has pictures and videos of young girls in many clothes including lingerie. Some of the images appear to be very lewd and maybe sexual in nature. Bottom line: Are pictures and videos of young girls in underwear legal in the United States?

    Michael’s Answer

    First, this is far too serious to be discussed on a public forum like AVVO. and any person engaged in this practice should immediately contact a criminal defense attorney. That said, RCW 9.68A.070 defines the felony offense of "Possession of depictions of minor engaged in sexually explicit conduct. What constitutes "depictions of minor engaged in sexually explicit conduct" is far too nuanced and complicated for a discussion on this forum, but it is a class "B" felony punishable by up to ten years in prison and a $20,000. fine.
    RCW 9.68A.011 (4) defines “Sexually explicit conduct” as "actual or simulated:(a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals;(b) Penetration of the vagina or rectum by any object;(c) Masturbation;(d) Sadomasochistic abuse;(e) Defecation or urination for the purpose of sexual stimulation of the viewer;(f) Depiction of the genitals or unclothed pubic or rectal areas of any minor, or the unclothed breast of a female minor, for the purpose of sexual stimulation of the viewer. For the purposes of this subsection (4)(f), it is not necessary that the minor know that he or she is participating in the described conduct, or any aspect of it; and(g) Touching of a person's clothed or unclothed genitals, pubic area, buttocks, or breast area for the purpose of sexual stimulation of the viewer.(5) “Minor” means any person under eighteen years of age.

    Wash. Rev. Code Ann. § 9.68A.011 (West)

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