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Jennifer Vickers Freeman’s Answers

146 total


  • I got DUI last night.

    I went to police department . and I blew the machine (point 134) I dont have enough money for lawyer I heard that I can get a public defense, I wonder do they can help me like a normal lawyer?? It was my first time.. I am kind of scared to go ...

    Jennifer’s Answer

    You might want to contact some attorneys before you decide that you cannot afford one. Rates vary and many attorneys will agree a payment plan.

    When you say you need to write a hearing paper, are you referring to requesting a hearing with the Department of Licening? If so, that needs to be done within 20 days or you waive your right to a hearing and your license will be suspended by the DOL. It is completely separate from the criminal case or any court dates you may have for a DUI. You might consider hiring an attorney for at least this portion of your case, even if you get a public defendner for your case because a public defender cannot handle your DOL case for you.

    If you determine that you cannot hire an attorney, you need to request an attorney when you go to court, and if you qualify, someone will be appointed to handle your case.

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  • What is the process for an appeal on the basis of ineffective assistance of counsel in Tacoma, WA?

    We've done some research and are fairly sure we have grounds, but there's no way we can afford to retain an attorney. Is there any chance of success without one? Any pointers, info, suggestions, or ideas would be greatly appreciated. (As would the...

    Jennifer’s Answer

    It is unlikely that you will find an attorney that will take your case for free. If you qualify for a public defender, one will be appointed to handle your appeal. However, an appeal must be filed within 30 days or you waive your right to an appeal, so you need to act quickly (assuming you are still within the 30 day time limit).

    The standard for ineffective assitance of counsel is that the attorney's representation was deficient, meaning that it fell below the standard of what would be reasonable for an attorney to do, AND that it prejudiced you, meaning you were convicted due to the deficiency. You will also have to show that there was not a strategical reason for what the attorney did. It is very difficult to prevail on an ineffective assistance of counsel claim.

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  • Where would i go to answer a bench warrant

    i have a bench warrant for a dui that i never appeared in court for 2 years ago, here in washington state. I was detained last night after talking to the police officer he told me he was going to let me go and to take care of the issue.

    Jennifer’s Answer

    You should consider hiring an attorney familiar with the court where the warrant is issued. In some cases, an attorney may be able to get the warrant quashed for you without you having to go to court. Otherwise, an attorney can probably get a hearing set to quash the warrant. Or, you can contact the court and try to handle it yourself. However, there is a risk that if you go to court yourself, you could be arrested. Regardless, you should take care of it as soon as possible.

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  • I lost papers for court, how do I get a copy?

    I had a lawyer handling my case, he pretty much does NOTHING (he's even "forgot" to show up to court a few times) - Now I have a FTA warrant for a court date I wasn't even aware was going on. The court date was for a review for my probation. They ...

    Jennifer’s Answer

    You should speak to an attorney who practices in Tacoma. An attorney may be able to get your warrant quashed or set a court date without you having to go to the courthouse and risk being arrested on the warrant. An attorney can also assist in getting copies of any paperwork.

    If you want to handle this on your own, call the clerk's office for the court that your case is in, they should be able to give you information about the status of your case. They cannot quash a warrant over the phone, however. You will probably need to go to the clerk's office either to file a motion to quash the warrant or a request for a hearing. If this is a misdemeanor, your options will be determined by the amount of the warrant. If this is a felony, you can a court date to address the warrant.

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  • Should charges for MIP/MIC (RCW 66.44.270 (2)(b)) be in juvenile court or district court? Will court appointed atty suffice?

    I was called in early December of 2011 by the police to pick up my child from a private parking lot (not public street) because she appeared to be intoxicated. My child was 17 years old at the time. Eight months later (August 2012) we received a...

    Jennifer’s Answer

    I agree with the other attorneys' answers. Whether the charge is filed in juvenile or district court depends on the person's age at the time the charges are filed, not the age when committed. However, if the prosecutor waited until the person turned 18 to file the charges as an adult, the delay could be challenged, as the consequences are much more signficant when charged as an adult than as a juvenile.

    Whether to use a public defender (if she qualifies) or hire an attorney a decision you/she will have to make. It certainly is worth meeting with some attorneys before you make that decision, especially if there could be an issue with delay in filing charges.

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  • Can a phone conversation between a jail inmate and his wife be admitted as evidence against the inmate in a court of law?

    the jail phone listed a written notice and provided an audio notice stating to both the inmate and the wife that their conversation would be recorded and could be used against defendant at trial

    Jennifer’s Answer

    Yes. If it is a domestic violence case, there is no marital prviliege. If it regarding a different type of case, you likely waived any privilege by having a conversation with notice that it was being recorded and was not a private conversation.

    Whenever someone is charged with a crime, they need an experienced criminal defense attorney. That attorney can look at the particular facts of the case and give more detailed inforamtion about the impact of the phone call.

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  • How to get off probation early?

    I was convicted of DUI on February 2009, I recently went and apply for US citizenship. After looking through my court document I have notice that it said "under court supervision until Feb 2014". I was asking around and they told me that it will b...

    Jennifer’s Answer

    You will need to set a hearing in front of the Judge that sentenced you and ask to terminate your probation early. If you have complied with every other condition of your probation, the Judge may terminate your probation early, or they could decline to do so. While you can set the hearing and make the request yourself, it is always a good idea to consult with an attorney who can assist you and present the information to the court in the most persuasive way possible.

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  • Family member held on 3 felony charges w/ past felonys in different state

    My family member is being held on theft in the 2nd identity theft in the 2nd and assault in the 2nd in the state of washington.. she does have past felonys from Alaska .. one of which is a felony violent crime.. what sort of time is she looking at...

    Jennifer’s Answer

    It is impossible to answer your question without knowing the person's exact criminal history, whether they are "comparable" to Washington felonies, if there are any enhancements on the the pending charges, etc. If they have an attorney, they should be discussing this with their attorney. If they don't have an attorney, they need to get one as soon as possible.

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  • How can I get my record expunged in another state without having to appear?

    I have charges for an assault in Washington State (Island County). I checked and I can get it expunged. How can I do this without making an appearance? How do I serve the prosecutor? would certified mail be ok?

    Jennifer’s Answer

    You should consider retaining in attorney in the area where your charge was to assist you.

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  • How long will someone stay in jail for burglary in the second?

    I know someone who is 18 with no criminal background with just the charge of burglary 2. No weapons or anything were used, so how long do you estimate his jail sentence to be?

    Jennifer’s Answer

    The standard range on a Burg 2 with no priors is 1-3 months (althernatives are an option). And a person with no criminal history would qualify for a first-time offender waiver, where the court could sentence you to 0-90 days and up to 24 months community custody (probation).

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