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Stan Glisson's Answers
Contributor Level 11
- 123 Legal Answers
- 1 Legal Guide
4
Attorney answers:
Got cited for possession of marijuana under 40 grams
The prosecutor can always change / add charges if they can be proven, regardless of what the officer cited. That office has ultimate charging discretion. Depending on the court, diversion may be an option for you. However, there may be even better options available, depending on the strength of the case and the defense. Call a lawyer right away, don't wait until you appear in court; you want to be prepared prior to seeing a judge for the first time.
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3
Attorney answers:
Do I have a right to a speedy trial from the date of arrest for a DUI?
I agree with the other answers. The rule generally says that the accused person has a right to trial within 90 days, but there are a variety of ways for the judge, or the prosecutor, or the defense attorney to extend that time. Most important, however, is the accused person. If you want the case resolved, you can have that power. Your attorney can push the case forward if that is your wish. Communication from and with the attorney is the key. If you don't have that with your current lawyer,...
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4
Attorney answers:
Criminal: Name Calling Directed At Police
Not a crime. But not going to make the arrest process go very smoothly for the individual who wishes to choose that particular time and place to exercise his/her speech rights. Also, the statements will be reported, and often are admissible in evidence at trial. Therefore, the prosecutor gets to tell the jury what the defendant said, usually resulting in the jury's attitude toward the defendant being negatively impacted. Makes the laywer's work at trial much harder. Should there be a...
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5
Attorney answers:
Whats the worst that can happen to him. 4th dui in 5yrs
Certainly the other answers are correct; the worst that can happen is that he gets a year in jail for each one, and they run back-to-back. If you are asking realistically what might happen, an attorney would have to spend some time with the police reports and talk to the witnesses before you could get any meaningful advice. I recommend you talk to someone that practice DUI defense in the court that he is charged in rigth away.
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4
Attorney answers:
Criminal:Felony Harassment Threats To Kill
As I would tell anyone, you should be extremely cautious about what statements you make on a public website such as this one. If you are asking if you should be concerned about the charge, I think the answer is yes. Generally speaking, if a witness claims you made a threat to harm another, and placed them in fear that you would, then the elements of harassment are made out. If the threat was to kill, then it can be charged as felony harassment. These cases are complex, so talk to a lawyer...
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4
Attorney answers:
Criminal:What Is Intimidation Of A Witness?
I think the previous answer is correct; no one on a public site like this has enough information to answer your question in any way that would give you reliable advice. Given that you are subject to conditions of release, it is certainly a risky proposition to be even coming close to violating that order. RCW 9A.72.110 Intimidating a witness. (1) A person is guilty of intimidating a witness if a person, by use of a threat against a current or prospective witness, attempts to: (a)...
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2
Attorney answers:
I miss my court date.
You might. In Kitsap county, most judges will give you one opportunity to come back and quash the warrant without having you arrested in court. If you have done this in the past, your odds go down. The longer you wait, the more your odds go down. If you have an attorney and appear with your lawyer, judges are more likely to give you the benefit of the doubt as long as you act promptly. Have your lawyer call the clerk's office and get you added to a warrant quash calendar right away. The...
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2
Attorney answers:
What is the minimum sentence for someone charged with rape of a child 3 if found guilty
The sentencing guidelines can be tricky. It appears to me that the person would have a prior sex offense. Assuming no other felony history, he would be scored a "3" for sentencing purposes. A defendant with an offender score of 3 faces a standard sentence range of 26 - 34 months in prison. If you meant "SODA", the juvenile court sentencing alternative, then the score would be calculated differently.
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3
Attorney answers:
How does a defendant invoke their right to remain silent without saying anything silance was used as admition of guilt??
With all due respect to the other person who answered, in Washington post - Miranda silence in response to an accusation can be admitted in to court in certain instances, where there was a waiver. Also you mention that things you said 'or did' were admitted, and non-testimonial actions are commonly admitted, regardless of Miranda. Further, last year the US Supreme Court declared that "a suspect who has received and understood the Miranda warnings, and has not invoked his Miranda rights, waives...
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3
Attorney answers:
Is it possible with a good attorney to get a vehicle assault charge dropped to just a dui?
I'm sorry to hear about your situation. I definitely think he should be talking to a lawyer (or lawyers) immediately. He might be able to do some things right away that will help him before the case gets filed; I am assuming you are waiting for the results of a blood draw, and he hasn't been charged yet? You ask if it is possible to get a reduction to a misdemeanor from a felony. Nobody can answer that question without a lot more information. These kinds of cases are prosecuted very...
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