James J White's Answers

Assault 4 dv sentencing for someone who has a felony already?

I am very sorry to hear that you've suffered through such violence. I am guessing that your thoughts about your neck stem from the fact that strangulation is an assault 2. But it doesn't sound like he obstructed your breathing. I am thinking you'd like him to be sentenced to lots of time. The greatest determinant of how much time he does is how the prosecutor charges it. As a assault 4 the maximum is 364 days in jail. As a felony assault 2 his maximum is 10 years. So, seeing how the case...

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Did my ex violate his restraining order

He needs to have you served to engage in legal process. Generally speaking, legal process is not considered a violation of any order (if it were the first one to get an order would always win, the other could not respond). Regards,

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If I have been convicted of a dui and 9 months later got a ticket for no insurance do I have to do 30 days jail

Under the law for a subsequent violation you are required to do 30 days for driving without license and insurance. Depending on the specific language of the condition, some attorneys successfully argue that because you didn't lack both your license AND insurance you are not in violation. An argument I successfully make, because the 30 day language is different from the jail language for the original DUI sentence, is that you can do a jail alternative like work crew of electronic home...

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Driving on license suspended 2nd degree

Ask to continue the case out beyond March 5th so that you can re-instate your license. Often the prosecutor will then reduce the charge to third degree. You likely should hire an attorney to give added leverage and incentive to the prosecutor to work with you. At your service,

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If the person who filed the DV case wants to drop the case, Is a year in jail still mandatory, or can a fine paid end all of it?

It is more a question of what she reported at the time than what she has to say now. She is not the one bringing the charge. The prosecutor is bringing the charge. She is merely a witness. If she changes her story about what happened she could potentially face false reporting, obstruction, false information or perjury charges. The prosecutor and Judge are likely to believe that she's changing her story or not wanting to go forward now exactly because she is a domestic violence victim and...

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I'm a registered nurse. I'm told I should've reported past criminal charges to the board of nurses in WA state.Do i need lawyer?

Since your career is at stake you should probably get a lawyer. I'd think an employment law attorney related to your obligations to your employer/license. For one, as a criminal defense attorney I'd say that you don't need to report a dismissed charge. Also, since a deferred prosecution is an admission of addiction you may have issues beyond the criminality of your behavior when dealing with your licensing issues. So, yes, you need a lawyer. At your service,

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How do I drop domestic violence charges against me boyfriend?

You cannot. It is up to the prosecutor whether to bring the charge. You could hire a lawyer to consult with you directly about what your obligations are as a witness. Without their primary witness the State/City may have a difficult (impossible) time proving their case. At your service,

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My Husband and I got into a arrugument he did push me but only after i insisted he leave durring which he took my daughter,

It is likely a no contact order out of a pending criminal charge. You would have had to go to court yourself to ask for the protection order. I am sorry the Officers were not very sympathetic. Just because he is the father of your children and sole provider doesn't mean the order should be dropped. Once you figure out why this happened and take steps to make sure it will not happen again or, as is usually the case, even something worse next time then you should have the order dropped. No...

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Can you get an "soc" if being charged with 4th dui

It is extremely unlikely. Although an excellent defense attorney would make it more likely that you'd get such an offer from the prosecution, almost no Judge would approve such a deal where you have 3 priors. Usually by the 3rd offense the only way you are getting any reduction is to take the case to trial (or do a deferred prosecution if that is still an option). At your service,

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Can a deffered be pulled if I get another convition?

Deferred I am assuming refers to a deferred prosecution here. DPs are 5 years jurisdiction so if you've been on it 4 years your term of probation isn't over. So, yes, they can revoke you for the old convictions that happened after you entered the deferred but before your deferred was complete. You'll want to consult with a lawyer in person. At your service,

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