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Kent W Underwood

Kent Underwood’s Answers

108 total


  • How much time can someone get for arson. He has 4 felony points. He has undiagnosed paranoid schizophrenia.

    My boyfriend has paranoid schizophrenia, he has not been diagnosed or gotten help. He is being charged with arson this happened while having a episode. If the court sees that he was mentally unstable when this happened what will they do regarding ...

    Kent’s Answer

    There are too many variables to give much of an answer. It is possible to pursue a mental health defense such as diminished capacity, where an accused in unable to form the necessary intent to commit a particular crime. or an accused's mental health condition may be relevant to request a more lenient sentence. The amount of time an accused is facing depends on many things, the priors are just one aspect. It is also important to know what degree of arson he is charged with. You should consult with an attorney. Good luck.

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  • In Washington when calculating offender score, would these wash out?

    5 class c felonies from Oregon in 2004. he went to prison and while there they called him back to charge him with two class A's in 2005. He was released in early 2006 and got in no trouble till 2010 when he got a dv4. he is now facing a class A fe...

    Kent’s Answer

    A person must have 5 crime free years in the community and prior Class C felonies wash. It appears that there is no crime-free 5-year period. It appears he was released in early 2006 and then a "DV4" (assault 4 DV, I assume) in 2010, approximately 4 years from his release in 2006. Good luck

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  • Drug court

    drug court since February did treatment 30 days sanctioned constantly 52 days in jail I need help finding the proper attorney

    Kent’s Answer

    What are you trying to accomplish? It appears that you were removed from drug court? Are you trying to appeal? reinstate drug court? But regardless, AVVO has many excellent attorneys that you might consult with.

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  • Pro-Se: Jaycee Fuller, What are my rights in Pierce County, Wa. St. where do I find this information?

    I have been granted Pro-Se. I have been charged with Murder. I(My Attorney) won my 1st. AppeaI. I need to find out what I am allowed to have as far as help with my case. Where do I find the help needed? What supplies am I issued or allowed. Wh...

    Kent’s Answer

    If you need to ask these types of questions, perhaps you should rethink your decision to represent your self. You are likely going to need to do a lot of legal research, at least I would if I were representing myself in a murder trial. (And I would not represent myself in a murder trial.) You should research this issue. There is not enough space here to parse out all of the responsibilities of stand-by counsel. The followin is the general rule, but not an exhaustive statement of stand-by counsel's responsibilities. "state constitution affords a pretrial detainee who has exercised his constitutional right to represent himself a right of reasonable access to state-provided resources that will enable him to prepare a meaningful pro se defense; (2) defendant was given reasonable access to adequate resources to enable him to prepare meaningful defense; (3) defendant's waivers of his statutory speedy trial rights were valid; (4) defendant's awkward access to witnesses and limited resources to prepare defense did not entitle him to dismissal in furtherance of justice; and (5) unless otherwise ordered by a trial court, standby counsel is not required to actually perform research and errands on behalf of pro se defendants." Silva, 107 Wn.App 605. I would read the case cited and then Shepardize that case for other cases to further explain stand-by counsel's responsibilities. If you do not know how to do that, you should reconsider representing your self.

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  • My brother is being charged with manslaughter he has a public defender . Where can i find a good pro bono lawyer.

    One of his friends were shot at his house and there charging him and someone else .(with the same crime ???)The public defender who is representing him is a nice guy but works for the people charging my brother isnt that a conflict of interest? I ...

    Kent’s Answer

    The public defender agency is your "pro bono" lawyer. There are many very good public defenders. I would listen to what they have to say. Perhaps the defender assigned to your brother is not doing a good job, but there is nothing in your post to suggest that. If you prefer to retain a private lawyer, it will likely cost you something. Regarding the conflict of interest, it sounds like a conflict if the same agency is representing co-defendants. In that case, it is typical that the public defender agency would represent one of the co-defendants and the other co-defendant would be assigned to a private attorney who accepts public defense cases. Keep in mind that those cases are typically assigned. Typically a defendant in that situation does not get to pick the attorney who is assigned to him. The best way to get a lawyer of your choosing is to privately retain that lawyer. Good luck.

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  • I have a possession and sale of controlled substances on my record how can I get this off or changed??

    30 years ago my EX husband was selling drugs I was with him so I got arrested and charged also I had to do a finger print background check and this came up if I can't fix this I'm going to loose my job I have been a caregiver for 16 years??

    Kent’s Answer

    You can vacate the conviction if you have completed all the terms of your sentence and have been crime-free for 10 years from the time you were released from custody. Once the conviction is vacated you can answer that you have never been covicted of a crime, including for employment purposes. Good luck.

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  • As a passenger in a vehicle can I be questioned or searched?

    I had a person drive me to see my boyfriend in the hospital, when we left we pulled in to the convenient store and walked in, at that moment the police came into the store and arrested the driver, and he was placed in the patrol car, do they have ...

    Kent’s Answer

    The police may make a "social contact" at any time. The contacted person may walk away. In order to actually detain and question a passenger, law enforcement must have an independent basis to question a passenger. The passenger may still refuse to answer and may walk away. Law enforcement must have a reasonable suspicion that the passenger is engaged in unlawful activity to detain, run warrant check and/or question. If law enforcement is investigating and contacting a passenger as a "witness," the "witness" passenger may refuse to answer, but may not give false or incorrect information. The specific facts are important. You should contact a lawyer to discuss your specific facts. Good luck.

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  • Please tell me what warrant's waste?

    there is a life estate, now her renter is doing damage to property ,junk every where cutting down trees,you name it it's being done.please tell me what warrant's waste.

    Kent’s Answer

    It doesn't sound like a cirminal question. You may want to consult with an attorney experienced in property issues. From a common sense perspective, any diminution in value that is caused by the tenant sounds like waste. I would check the lease/rental agreement. If there is no agreement, then it is likely a month to month rental. If that is the case, landlord can give 20 days notice to move. No reason need be given.

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  • How would I go about getting a dv expunged off my record in the swtate of WA it's a misdemeanor charge from over tens years ???

    This charge is over ten years old and it is preventing me from working with youth in the state of WA

    Kent’s Answer

    Expungement is removing non-conviction data. It sounds like you were actually convicted of a DV related charge, maybe assault 4? In that case, you need to vacate the conviction. DV charges may be vacated if you meet certain criteria. You need to have completed all the terms of your sentence, 5 years has passed since you completed the terms of your sentence, you have no other vacates, you give notice to the victim, no other DV related offenses, get your criminal history from Washington State Patrol. Keep in mind vacates are discretionary. You may want to include some good things that you have done and/or show how you are doing well now and the record of conviction is causing unfair problems. Good luck.

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  • How do I convince a jury of my innocense if the alleged victim is lying

    I am a happily married man. Went to a friends home to retrieve my vehicle that she had been borrowing. The alleged victim was drunk.I had my car keys in one hand-cell phone in another. When I went to leave she ran past me and blocked the door whil...

    Kent’s Answer

    Tough situation! But this is where do do need an experienced lawyer familiar with pretrial interviews and cross examination, and good, creative thinking. There are several ways to cast doubt on a lying witness' credibility. Ask the two people about the incident separately. Frequently when two people concoct a story they get the basic story correct but are inconsistent about the details. And the techniques for ferreting out lying witnesses go on and on--too many to sum up here. Even though it may seem daunting, an experienced lawyer is very helpful! Good luck and don't give up!

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