Ryan C Witt's Answers

Got cited for possession of marijuana under 40 grams

As you have learned, the Officers do not necessarily have to be straight with you. The reports will be forwarded the the Kitsap County Prosecutor (or the Bremerton City Attorney) and they will most likely charge you with a crime. The Courts in Kitsap do have options that allow you to resolve the case in a way that usually will result in a dismissal. You may have to jump through some hoops, but you should be fine in the long run. I would not stress about the potential DUI. If the...

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What are the consequences of an "Open Alcoholic Container" conviction in Jefferson county WA?

This is a question for an attorney in San Bruno. Any criminal attorney in that area that is familiar with the laws / jurisdiction back in 2001. An attorney specific to that county would be the best. They will know the specifics as to what your sentence entails, if you are still subject to the Court's jurisdiction, and whether an infraction will have any bering on your old sentence. Make sure to let them know that the offense is an infraction. The other course you could take is make a...

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What Happens When In A Criminal Case...?

Different functions are done by different entities. The Prosecutor's function is adding or removing (amending) charges - hence, you see a Felony dropped down to a lower Court. Only the Prosecuting Attorney has the ability to "change" the charges. In your scenario, the Court's function is sentencing. The Court can not change the charge, but can sentence you to anything inside of the maximums allowed. With a Gross Misdemeanor that is anywhere up to 365 days in jail. However - regarding...

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What is a likely sentence for a felon who is now charged with Mal Misch 3 with DV?

The sentence, if the facts lead to a conviction, will be based to a large degree on his history. A Malicious Mischief in the Third Degree is a gross misdemeanor, meaning the Court can sentence him anywhere up to 1 year in jail and up to a $5,000 fine. It is hard to predict how a judge would come down without knowing more facts. His best course of action would be (a) not talk to you because I'm sure there is a no contact order, (b) get back into treatment, and let the provider know of the...

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In the State of Washington, can a probation officer tell you or force you to get a job?

Yes, especially if you are in some type of program like Drug Court. Getting a job or at least attempting to get a job is a specific term of a Drug Court contract. It is not so much the Probation Officer personally, but rather the PO attempting to enforce the terms of a contract or a Judgement and Sentence.

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Can you drive into canada????

In the past, we have called the Canadian Consulate for clients. They have been helpful. I would not just cross my fingers and hit the border. I assume this is in Kitsap County. See if your current counsel has any room to move with the Prosecutor about alternative resolutions. The Kitsap Prosecutors are actually pretty understanding about that issue. Best of luck.

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During a formal review hearing hearing for probation violation, does the court pull up all records of police reports I was on?

Most likely not. The Courts / Probation / Prosecutors will typically look at a system that shows data on a case once it has been charged by the Prosecuting Attorney and filed with the Court having jurisdiction. If the case is not filed, nothing will show in that system. There is a system that most likely has your name in it, however it is really only used by law enforcement. My gut tells me you should be OK.

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What do we need to do on this ticket?

The officer does have to have a reason, but he doesn't necessarily have to tell you the reason. Just take the current insurance card to the contested hearing and most Courts will dismiss with a $25 Court fee. An attorney may be able to pick out a reason for an out right dismissal, but that will cost you more than the $25 the Court will likely charge you. You could call the Court clerks office and ask a Clerk what the typical practice is and make sure that the Court will dismiss on that $...

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Motion to Set Aside Bail

As I practice in Bremerton, I was all excited to answer this. Upon reading, you need to contact an attorney in the California County where the infraction occured. Look for someone that does a large share of traffic infraction defense. What the Clerk is explaining is not something that a non-attorney can usually pull off. There are specific forms and timelines that must be followed in your situation. It is possible, but I imagine that you will need some help.

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I was told i could be charged with a gross misdemener but the cop said that he did not press charges am i done with the charge.

Don't ever trust the police if when they say "they are not pressing charges." That is not their call to make. The police will write a report. Even if they refer it in as "information only," it still will be reviewed by a Prosecutor delegated to charge crimes based on reports. What the Police suggest, assuming he/she was not lying to you, does really not carry much weight. Don't speak about this on a public forum. Contact a well respected Defense Attorney in your area to sit down with and...

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