Skip to main content
James Edmund Oliver JR
Avvo
Pro

James Oliver’s Answers

270 total


  • How long can a felony charge be pending?

    arrested in 1998 for felony drug charge in Pierce County washington but never went to court

    James’s Answer

    Unless they issued a warrant for your arrest, you should be fine. If, however, they issued a bench warrant for you, they can still feel you into court to defend against the drug charge.

    Call my office and we can look you up. Of course, we don't charge to do that sort of thing. Good luck!

    See question 
  • What are the requirements/criteria for an expungement of a Felony conviction?

    I was convicted of an Assault 3 charge but it was remanded from an Assault 2. I have done some research and found the crime cannot be that of a violent nature or a crime against another person. However, I am not sure if a remanded charge changes a...

    James’s Answer

    I agree with the other attorney. I would add, however, that we do not have wobblers in Washington. That is a California term of art.

    However, he is correct that five years after you receive your certificate of discharge you are eligible to vacate the finding of guilt. This essentially cleans up your history.

    We do a ton of these things, so feel free to call if you have any questions about what you need to do next.

    See question 
  • On unsupervised probation for 6 months, but got a speeding ticket. Is this a violation to my probation?

    Misdemeanor for shoplifting.

    James’s Answer

    Without seeing your judgment and sentence it is impossible to say for sure, but generally speaking a speeding ticket would not be a violation of law abiding behavior conditions.

    There are a number of fine traffic defense law firms that would be able to help you out with your ticket. We charge $250 to fight tickets in King County. Most firms are more expensive, but some are actually a little bit cheaper. Call around. Good luck!

    See question 
  • Can I find affordable lawyer who accepts payment plan on behalf of my nephew's case, which is first degree robbery?

    My nephew is a decent person! I raised him since he was a baby so he is like my own child, he calls me mother and I know him better than anyone else. He is in jail for 3 counts of first degree robbery and I do not believe he committed this crime. ...

    James’s Answer

    I'm sorry to hear about your nephew's legal problems. My law firm offers free consultations and reasonable payment plans. Feel free to call me on my cell phone at 253 – 592 – 2812.

    See question 
  • Im very interested on hiring a lawyer, but i do not have 1500 & up to hire a lawyer. are there any lawyers that can help me but

    do weekly or monthly payments?

    James’s Answer

    My colleague is correct: we need to know what kind of lawyer you're looking for. At our criminal defense firm, we would represent you in a misdemeanor case with $1,500 down and a payment plan. We would need something closer to $30,000 down for a murder case.

    Most lawyers, those in our firm included, would not require a down payment on a personal injury case, which is usually handled under a "contingent fee agreement". That means you don't have to pay any money out of pocket. Our fees get paid out of settlement proceeds.

    I hope this helps. Feel free to call, or post additional questions. Good Luck!

    See question 
  • Need attorney ASAP for my boyfriend. HELP.

    To sum everything up, he is being held on DV Charges with no weapon or anything on $700,000 bail total with multiple NCO violations against him. I feel like they are bullying him. Has no previous DV or violent history at all. Please let me know...

    James’s Answer

    Sorry to hear about your legal woes. Here's how things are going to go down:

    Arraignment: The court must arraign your boyfriend within 72 hours of his arrest. This is his chance to enter a plea of not guilty. The court will order conditions of release which will include a no contact order with you. The NCO will prevent all contact between you and he. He cannot contact you directly, indirectly, or through third parties. He can’t call you, write you, text you, FB post you, etc. The two of you will have to live apart until the NCO is withdrawn.

    Assigned Counsel. Your boyfriend was screened for a publicly funded attorney at the Arraignment. The court looked at his income and expenses and determine whether he should be provided an attorney at public expense. There are some fantastic Assigned Counsel lawyers out there. The biggest difference, on average, between private and public attorneys is caseload. Private attorneys generally handle fewer cases at any given time. That means that we can spend a little more time returning calls and holding hands.

    Bail. There are a couple of ways to post bail. You can use a bail bond company which will charge you either 10% of the bail amount, or $150, whichever is more. So on $750 bail you would pay a bond company $150. You'll never get that money back. An alternative is to post the entire bail amount with the court where your husband is charged. When your case is done, you’ll get all the money back from the court. I'm guessing the $700,000 you indicated is wrong unless your boyfriend is charged with a felony.

    Pre Trial Conference (PTC). At the Arraignment the court will set the PTC. The PTC is generally set within six weeks of the Arraignment. If your boyfriend is in custody at the time of Arraignment, the court will probably set the PTC within the next couple of weeks. The PTC is his first chance to negotiate a settlement of the case with the prosecutor.

    Settlement Negotiations. After we receive police reports and a copy of the 911 call, we would meet with your boyfriend to go over all the evidence the prosecutor wants to use against him. After that meeting, we would meet with you to discuss possible testimony. The information we gain would then help us negotiate a fair resolution with the prosecutor. Of course, trial is always an option.

    Feel free to call me with any questions.

    See question 
  • What does Post Adjudication Warrant Quashed mean?

    i sent the money to the courts for my warrant to be paid off i looked online at the courts website and it says Post Adjudication Warrant Quashed. i wasnt sure what it meant by "quashed"

    James’s Answer

    "Quashed" is legal language for cancelled. The court should send you another court date shortly. You should call the Puyallup Muni Court clerk and ask when your next date is scheduled. Good Luck.

    See question 
  • I have a warrant for a dv charge and never made it to court.what can i do without going to jail

    what can i do without jail time and how long would i be in jail if i have to go.

    James’s Answer

    You're definitely better off using an attorney to schedule a warrant quash. A quash is the hearing where your attorney would ask the judge to cancel the warrant that was issued for you.

    Once your warrant is quashed, the court will deal with your conditions of release including bail, a no contact order, and other basic restrictions on what you can do and cannot do. Bail will be ordered if the judge thinks it's necessary to protect the community, or to ensure you show up for court. If the judge does not order bail, then you will not go to jail. If the judge orders bail you will be in jail until you are able to bail out, or until the case resolves.

    In my experience, many of these cases end up in dismissals, but, you need an aggressive, experienced attorney to help you get to that point. Good luck!

    See question 
  • How do I go about getting an NCO removed and a DV Assault 4 charge dropped?

    Me and my girlfriend got into an argument which led into an altercation to where I was attacked. I left the house and the police was called by a friend of hers who was in a completely different area. In trying to defend myself, I was arrested fo...

    James’s Answer

    • Selected as best answer

    Sorry to hear about your legal woes. Here's how things are going to go down:

    Arraignment: The court must arraign you within 72 hours of your arrest. This is your chance to enter a plea of not guilty. The court will order conditions of release which will include a no contact order with your wife. The NCO will prevent all contact between you and she. She cannot contact you directly, indirectly, or through third parties. She can’t call you, write you, text you, FB post you, etc. The two of you will have to live apart until the NCO is withdrawn.

    Assigned Counsel. You will be screened for a publicly funded attorney at the Arraignment. The court will look at your income and expenses and determine whether he should be provided an attorney at public expense. There are some fantastic Assigned Counsel lawyers out there. The biggest difference, on average, between private and public attorneys is caseload. Private attorneys generally handle fewer cases at any given time. That means that we can spend a little more time returning calls and holding hands.

    Bail. There are a couple of ways to post bail. You can use a bail bond company which will charge you either 10% of the bail amount, or $150, whichever is more. So on $750 bail you would pay a bond company $150. You'll never get that money back. An alternative is to post the entire bail amount with the court where your husband is charged. When your case is done, you’ll get all the money back from the court.

    Pre Trial Conference (PTC). At the Arraignment the court will set the PTC. The PTC is generally set within six weeks of the Arraignment. If you are in custody at the time of Arraignment, the court will probably set the PTC within the next couple of weeks. The PTC is your first chance to negotiate a settlement of the case with the prosecutor.

    Settlement Negotiations. After we receive police reports and a copy of the 911 call, we would meet with you to go over all the evidence the prosecutor wants to use against you. After that meeting, we would meet with your wife to discuss her possible testimony.

    Many of these cases end in a dismissal if they're handled right. Unfortunately, during the case you and your wife will have to live apart. Feel free to call me with any questions.

    See question 
  • If I file a Civil law suit, will that stall the 2 yr. anniversary expiration?

    On 8/22/11 I was in a motor vehicle accident, which caused damage to my back and hip. The other person's insurance company ( they were proofin at fault) is dragging their feet. I am trying to file Civil charges against them, Will this put a hol...

    James’s Answer

    You should definitely speak with a lawyer as soon as you can. Most of us will speak with you for free and can tell you about the software systems used by insurance companies to determine what you're owed following an accident.

    The settlement value of a claim is basically based on key words and codes related to the accident, your injuries, treatment type and length, medications, and attorney reputation, which the adjuster will enter into a computer like Colossus, or one of its analogs. These software systems are designed to give a settlement value range in a particular region.

    Once all the relevant information is entered, the computer will provide a settlement range. The adjuster's goal is generally to pay no more than 80% of the low end of the range. This is why it's so important to have all the important information in the settlement demand (see below).

    Here's generally how a case like yours should proceed.

    Car Damage. The other driver's insurance company will ask you to take your car to one of their preferred repair shops, or they might send someone to look at your car and estimate damages. You are absolutely free to take your car to any repair shop you like. The insurance company will tell you that your car will get repaired faster at one of their shops, but you should know that those shops often cut corners to save money for the insurance company.

    Personal Injury Protection (PIP). PIP is provided through your insurance company. Unless you specifically waived PIP coverage, you have PIP coverage. PIP will pay for everything including your medical bills, landscaper, house cleaner, etc. If you're not sure, you should call your insurance company to inquire whether you have PIP.

    Underinsured motorist. This is a policy you may, or may not, have with your own insurance company. This type of insurance covers you in case they drunk driver's police isn't sufficient to pay all your damages.

    Personal Injuries. You are entitled to compensation for pain and suffering, loss of wage, and other damages. You probably shouldn't settle yet as you don't yet know how long you are going to hurt. Fortunately, you have three years from the date of the accident to treat for your injuries and get well. When you've healed as much as you're going to, you will be ready to settle your case with the insurance company.

    Settlement. The settlement process usually begins with a settlement demand. This is a multi page letter to the insurance carrier that describes who you are, what sorts of things you did before the accident, what happened in the accident, your medical diagnosis, and how the accident affected you. The final part of the demand is the amount of money requested to compensate you for all that you suffered.

    Attorney fees. Most attorneys, our office included, front all of your expenses and don't charge you to take the case. We call this a contingent fee agreement. This means that we don't get paid unless/until you do. At settlement, most attorneys are then compensated 1/3 of the settlement amount paid by the insurance company.

    Represented or Not? A number of studies have shown that injured persons receive much better settlements when they are represented by skilled attorneys. The average accident victims walks away with more money in her pocket if she uses an attorney than if she doesn't. You should definitely hire an attorney.

    Crime Victim Penalty Fund. In addition to insurance proceeds, you may also be entitled to money because you are a victim of a crime. Depending on how badly you are hurt, they drunk driver may be looking at even more serious charges. If so, you are entitled to compensation as a crime victim.

    Personal Injury (PI) Attorney. Your PI attorney will handle just about everything but treatment. We take care of getting your medical records, negotiating with creditors, if any, communicating with the insurance companies and preparing the demand letter. All you have to worry about is getting better.

    Call a lawyer

    See question