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Heather Rogers Straub
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Heather Straub’s Answers

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  • Is it illegal for prison security and staff to be instructed to give a prisoner the cold shoulder and refuse to assist him?

    Is it illegal for prison security and staff to be instructed to give a prisoner the cold shoulder and refuse to assist him? For example, not helping him when he needs help

    Heather’s Answer

    I can't think of any law that violates, unless you are being denied medically necessary treatment or not being fed, or other civil rights violated. From what clients tell me, sending kites is better than verbally complaining. It must be so difficult to accept the nearly complete lack of control over one's circumstances that prison presents. Some clients have told me they find mindfulness meditation helps. You could also try talking to a chaplain or taking advantage of any programs your prison offers.

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  • Did I lose my gun rights in Washington for a disorderly conduct charge in Oregon?

    This is the only thing that I have been in trouble for and I am in the process of a differed prosecution. While in oregon, I accidentally discharged a firearm at a campground outside of city limits. The courts would not release the gun as it was p...

    Heather’s Answer

    My colleagues are correct -- the only other exception I could think of is if it was somehow designated as a domestic violence offense (for instance, you were shooting in the air because you were angry at your spouse). Domestic violence convictions can also result in a loss of your firearm rights.

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  • At end of probation how is Federal restitution treated, is my Social Security protected and what are my rights/ obligations?

    Federal restitution ordered by District Court in Texas (At least 10% of gross income). Currently earning $1250 per month FLU seized my IRA and all of my bank accounts. I have only a $3500 vehicle as total assets

    Heather’s Answer

    I have never seen State courts garnish wages or make such drastic attempts to collect restitution. They typically send unpaid restitution accounts along to collections, just like unpaid court fees. However, although I practice in federal court, I have not researched that specific issue. Your attorney can conduct in-depth research and give you a definitive answer.

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  • If one is on an investigative hold on Vucsa charges

    is it legal for the prosecuting to stack or more charge to hold one in jail longer?

    Heather’s Answer

    If there is independent probable cause for each charge, probably so, but it's impossible to say without knowing s little more about the case (how long has the Defendant been in jail and so forth). Right now, the most important thing you can do is get an experienced attorney who will aggressively work to get the Defendant out of jail.

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  • Can i fight a ticket after my license is suspended?

    Accidentally found out my license was suspended when applying to drive for uber. No previous speeding tickets, asked for a deferral and mailed in the ticket i received (wish i made a copy first) . Never heard anything. Today i go to apply to be an...

    Heather’s Answer

    Have an experienced attorney help fight the suspension and the underlying ticket. Cleaning up your driving history is do-able and worthwhile.

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  • Final month of probation. I miss a Probation appointment then missed a court date. Its been a year. How long am i facing?

    I was pulled over for drinking and driving in 2012. I got a plea deal and i was reduced to a Neg 1. I was nearing the end of my 2 year probation with a few meetings left with my drug and alcohol counselor when i found my fiance had been cheating. ...

    Heather’s Answer

    Without knowing the specifics about your case, it's pretty tough to say. Different courts and judges may very. However, for my clients in this situation, I help them come up with a plan to help minimize the risk of them doing time in jail. I suggest you contact an experienced criminal defense lawyer. This is the type of case where a great advocate can really help you out.

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  • I know of a soldier who is about to enter into a fake marriage to get the benefits. What should I do?

    They have had a previous sexual relationship. At that time she was a SGT, he was a SPC in the same unit and he was engaged to someone else. He got out of the Army 3 months ago. After his engagement was called off 2 months ago, the 2 of them decide...

    Heather’s Answer

    Could be a violation of BAH fraud laws or other fraudulent receipt of benefits. People are investigated and prosecuted for similar offenses. As for what you should do, what is your role in this? For more specifics, it is a good idea to talk to an experienced military law attorney with a background in criminal defense.

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  • 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

    • Selected as best answer

    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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