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Heather Rogers Straub
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Heather Straub’s Answers

36 total

  • Represent self at warrant squash hearing?

    I missed a court date in Lakewood, WA because of being an inpatient in a hospital for 1.5 weeks, thus the stupid FTA warrant. I have a warrant squashing court date for four weeks from now. Do you think it's safe for me to represent myself at thi...

    Heather’s Answer

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    First, it's QUASH, not squash - now you can impress your friends by knowing the difference! I'm attempting a joke here, but in all seriousness, you should try to educate yourself about the court process as much as you can, so it's good you're reading about this! Bring your proof of attendance at inpatient treatment with you to court. If you can afford a lawyer, that would be your best bet. However, there are often public defense attorneys assigned to handle the bench warrant calendar, and they might be able to help you out. Call the court to find out if there will be a public defender at the hearing who can help you out. Better still, hire your own criminal defense lawyer to help you through all aspects of your case. Hope this helps!

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  • Would I be able to waive the ignition interlock after 5 year probationary period in Washington state

    When I was 19 years of age in 2011 I was convicted of a DUI in Washington state, I blew .152. Now 22 years old, I have yet to complete the ignition interlock requirement. After the 5 year probationary period, I was hoping I'd be able to waive the...

    Heather’s Answer

    Just a tip- calling the DOL is a nightmare. Send them an email - they respond very quickly and it will save you a lot of time on hold. Also, you should consider hiring a qualified criminal defense attorney to help you with questions like these.

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  • Can I challenge an officer's written statement, in whole and sentence by sentence, if I contest a ticket by mail, not in person?

    Other than not being able to appeal the decision, which I doubt I would do anyway, what do I give up by contesting a ticket (issued by the Washington State Patrol) by mail, instead of appearing in person? Can lawyers help prepare written explanati...

    Heather’s Answer

    Some states do allow infractions to be contested in writing (Virginia, at least) but in Washington state, where i practice, I would strongly suggest hiring an attorney to litigate moving violations for you. I have seen so many pro se (self-represented) people try to make factual arguments in court on their traffic tickets, and I have almost never seen them work. Attorneys know how to make technical arguments that are more effective, such as problems with foundation, with response to discovery requests, or other evidentiary issues. I hope this helps you.

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  • Got ticket for playing in the park after closing hours. Will it show in criminal background check record?

    I got ticket for playing in the park after closing hours about 1 year ago. I had to appear in the court where i plead guilty and paid $133 fine. Will it show in criminal background check record when i apply for Police clearance? Will it render...

    Heather’s Answer

    I'm not familiar with "playing in the park" - you said it was a ticket? That makes me think it was an infraction, not a crime. An infraction would be something like consuming alcohol in public or speeding- it's not punishable by jail but rather by monetary fines. If you are asked if you were ever cited or given an infraction, you would of course say yes. As far as this preventing admission to Canada, if it's punishable under the Canadian Criminal Code, then yes. If not, then no. Note: I do NOT practice law in Canada and am licensed in Washington state as well as federal court. Best of luck!

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  • Are there criminal charges for opening magnetic buttons in a Walmart losing one button and putting the damaged package back ?

    I was in a Walmart in Delray Beach Florida and opened a six dollar package of magnetic buttons used one in the store to see if it worked on a set of induction pots and pans lost the button and put the opened and damaged package back on the shelf ...

    Heather’s Answer

    You will need to contact a Florida lawyer, but in Washington state, a retail store can send a civil restitution demand like the one sent to you, and they can get up to $600 in addition to the actual damage. This does not preclude a possible criminal prosecution as well. If you do not pay the restitution, the store's remedies are basically the same as they are for any civil debt- they can sue you civilly, send you to collections, etc. Plus, if they haven't already, they can trespass you from Walmart - in other words, if you go back, that in itself may be criminally prosecuted. If you can, I suggest talking to a lawyer in your area. Good luck!

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  • How many days is one month and twelve months in legal terms for criminal sentences?

    (1) How many days is one month in legal terms for criminal sentences? 28, 30 or 31 days (2) How many days is 12 months? 360 or 365 or 366 days (3) How many days is 1 year? 365 days or 366 days (4) Is twelve mo...

    Heather’s Answer

    In Washington state, we would typically add 13 months to the calendar date by just selecting the same calendar date 13 months ahead (just like the previous answer states). For example, if you were released 13 months after August 20, 2014 you could expect to get out about Sept. 20, 2015. A year- if you were sentenced to exactly one year - would be 364 days. Check with a local criminal defense attorney in your area.

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  • Sans witness, can I contest a non-traffic 'failure to display valid state park pass' ticket by asking for proof it was me?

    The ticket is written out to the 'registered owner' of the vehicle. No interaction occurred between an officer and myself. The ticket was issued in Island County; I presently live in Skagit County.

    Heather’s Answer

    Can you show via documentation. or testify that you were elsewhere or that someone else was using your vehicle?

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  • Is it possible to change the disposition of a criminal charge?

    I am attempting to join the Marine Corps Reserves. The only thing precluding my enlistment is a Domestic Battery charge that was STRICKEN OFF LEAVE in 2010 because victim did not appear in court. The victim had injured herself and had me arreste...

    Heather’s Answer

    Has the recruiter actually indicates there's a problem with your record or are you just worried that there might be a problem? In my experience, if your case was dismissed, there should not be a problem. You should get a copy of your criminal history and take it to an attorney versed in the laws of your state and expungement of criminal history. You should also make sure that there are no no contact orders, because domestic violence NCOs can still have a negative impact on your ability to possess firearms if they aren't dismissed, even if the case against you went away rare, but it happens.

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  • What happends if u got 3rd degree for steling from Walmart in wa and it was your first time and it was 60$ worth of stuff

    It was my first time ever stealing and and it was under 60$

    Heather’s Answer

    Sometimes, for a first offense, you can work out an agreement with the store called a "compromise of misdemeanor." Typically, it means you pay a fine, return or pay for the stolen merchandise, and write a letter of apology to the store. It depends on the retailer and not all stores are willing to do it. You should be aware that one of the consequences could be you being "trespassed" from Walmart- meaning you can't go back there. You should definitely talk to a qualified criminal defense attorney about your case as soon as possible.

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  • Can I be arrested for hitting my husband with a cardboard box?

    He blocked me from going to find our dog, I grabbed the dog treats to catch the dogs so it was in my hand. Swung it at him and connected.He called the cops.

    Heather’s Answer

    Yes, they could- you intentionally hit him even if it was with a box. Are you just worried that you'll get arrested or have they come out to talk to you? I suppose there is a possible self defense justification since he was holding or maybe falsely imprisoning you. But in all, it just seems a little silly. Keep us posted!

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