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Nicole Hankins

Nicole Hankins’s Answers

16 total


  • Can I get my property back if my case was exhanerated till further investigation

    So hypothetically if I was charged with a crime but it was exhanerated but they still have my property can I demand it back due I'm innocent until proven guilty? Or can I request a speedy trial so they do not have much time to build a case if they...

    Nicole’s Answer

    It certainly depends on more factors than you have listed here. But here are some initial thoughts:

    Your case may be in a status called "No Charges Filed - Pending." Most prosecutors refer to it as NCFP'd. This means that your case has temporarily being held by the prosecutor so they continue investigating because they need more information. This usually means that your case has not been formally charged. That being said, if the property they are holding is considered part of the "potential evidence" they can hold it until your case is "resolved" after formal prosecution or until the prosecutor decides whether or not to pursue your case. I have seen DUI cases where the prosecutor has held onto legally owned firearms that were found in the defendant's vehicle for years as a part of resolution of the case. Depending on the kind of case they are investigating (misdemeanor vs. felony) will determine the relevance the property has to the case, how long they have to file charges on your case, and how long they can hold your property.

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  • What can be done because his panel attorney isn't putting forth a good afford to gain his release?

    My boyfriend is on trial for first degree murder and he is paralyzed from the chest down. He was shot 27 times the day after a young man was murdered and now is on trial for that murder. While in jail he has been to the hospital multiple times and...

    Nicole’s Answer

    He has a constitutional right to an attorney and one of his choosing provided he can afford to hire one. I would consult other attorneys in your area to see if new representation is the best option.

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  • Time served plea

    Good morning I'm needing to know why and when a district attorney offers a time served plea?

    Nicole’s Answer

    The answer above is absolutely correct and eloquently stated. Generally, how ever much time the person has already spent in custody will be considered "time served." Many people who are being held in custody are eager to get out and if the prosecutor basically agrees to let them out as long as they plead to the offense, most people are willing to do that to get out. I would not advise this route in all cases being that a conviction can have lasting effects on employment, housing, etc. I would consult an attorney in your area to discuss the strengths and weaknesses of the case as well as future consequences of a guilty plea.

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  • Out of state DWI. What gets reported to my home state? What are the effects on my CDL?

    I live in Maryland half the year and Washington state the other half where I keep my CDL. I got a DWI in maryland earlier this summer in my personal vehicle. At court I was given Probabtion Before Judgement for DWI (driving while impaired, bac .0...

    Nicole’s Answer

    It would certainly depend on how your case actually resolved in Maryland and also whether or not Maryland shares DOL reciprocity with WA. There are many states that do not mutually share DOL information with each other and if that's the case, you might be ok. If they do have reciprocity and WA elects to suspend your CDL, you would be suspended for 1 year that can be reinstated after that year is over but you will likely need to be retested before they will reinstate.

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  • Why is a "physical control" showing up on a background report when a deferred prosecution was granted?

    My daughter took the option of a deferred prosecution for a "physical control" offense. Her main reason was the understanding that it would then be off the record. (She had a DUI event on 12/15/2009, conviction later in 2010.) Much to my su...

    Nicole’s Answer

    Generally, the legislature created the Deferred Prosection (DP) route to allow people to seek treatment as opposed to going to jail, provided that they complete the program. After the 5 years are over, the agreement is that the second DUI charge gets "dismissed." It does not immediately go off your record and generally does not. Depending on how thorough the background check is they may be able to see not only her record for convictions but her arrest records as well. DUI's are one of very few exceptions to the vacate/expunge records specifically because they want to keep track of this kind of history and cannot be erased.

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  • How to get a speeding ticket discharged/differed? As to not go on record.

    My 17 YO son was sited by the Washington State Patrol for code 46.61.400 "Speeding to fast for conditions" after he was involved in a rear end accident. Traffic on a state Hwy came to a sudden stop for construction and he didn't stop in time and r...

    Nicole’s Answer

    Speeding too fast for conditions can be a tricky infraction to fight on your own and will likely require an experienced traffic attorney to get dismissed outright. However, a person does have the option of seeking one deferral on both a non-moving and moving infraction once every 7 years. An attorney can see if either of those are an option for you and whether or not your son has a good case based on what the police affidavit says and any deficiencies that might be in the report. Many attorneys offer free consultations.

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  • What does WAR: PHYSICAL WARRANT RETURNED mean?

    I left the state while being on probation because i became homeless so i left to live with family. After talking it over the phone with my probation officer he said if I sent the money in full to pay off the warrant I had for not reporting and to ...

    Nicole’s Answer

    If the warrant means that it was returned it can mean a couple of things, either that the warrant was returned undeliverable because you no longer live at the address it was sent or that the warrant was returned because it was cancelled. It's hard to tell based on the information provided. If the court's information states that the warrant was quashed then there should not be any additional problem with the warrant, but I would make sure that the court has a good address for you in the mean time.

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  • If my friend was sentenced to 10days in Spokane county jail, for a misdemeanor, will he do the full 10days, or 1/3 of it?

    He was sentenced to 10 days in the Spokane county jail, for possession of burglary tools ( jigglers), and then didn't show for his turn in date. Yesterday he was picked up on a Spokane county district court bench warrant because of it. Will he do ...

    Nicole’s Answer

    Judges tend not to be pleased when people do not report for their jail dates. Primarily because they have been given an opportunity to get their affairs in order once previously on their promise that they would show up. Sometimes if a person has a genuinely good reason for failing to report the judge may show leniency; however, if there is not and it has been a substantial amount of time that the warrant has been outstanding the judge may impose additional sanction, meaning more jail time. No matter how much time is imposed, most jurisdictions will allow good time to be served to where they will only do 1/3 of the amount of time that is imposed.

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  • Should you always call the police after a car accident?

    I was hit in a parking lot by someone backing out of their parking spot. We exchanged insurance information, but it's been a month now and they aren't admitting the accident even happened, so their insurance isn't paying for my claim. Should I hav...

    Nicole’s Answer

    Often times in these types of scenarios if your insurance company elects to pay for your damages then your insurance company will do the majority of the leg work to collect from the at-fault person's insurance company. Sometimes the insurance company will even submit information to the Department of Licensing indicating that they have a claim against a particular individual that may result in a suspension of their driving privilege especially since they handed over their insurance information. That usually gives them some incentive to cooperate and fork over their part but it does take some time. This doesn't happen in every scenario but I would definitely call the police next time just so you have an uninterested third party to corroborate your side and document everything. Taking pictures of not only the damage but the DRIVER of the vehicle can sometimes be incredibly helpful with people who have "selective memory" of these kind of events.

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  • Can you fight a warrant to draw blood after your refusals? Is it okay for an officer to delay your medial attention for warrant

    When pulled over complained of chest pains officer arrested me for DUI and took me to police station first still refused test. he obtained a warrant to draw my blood again I stated I refused. Is okay for an officer to delay my medical attention to...

    Nicole’s Answer

    A lot of what you are concerned about maybe an issue for both a criminal attorney as well as a civil attorney. On the criminal side of the DUI, depending on the specific facts involved in your case (for example: if you admitted to drinking or consuming prescription or non-prescriptions drugs, if you displayed any indicators of consumption, etc.) these may have an effect on whether or not the officer had a legal basis to draw your blood which can be litigated through an experienced criminal attorney. There can be major administrative actions taken against your drivers license for a refusal that will need to be addressed as soon as possible. Whether or not you have a civil complaint against the law enforcement entity for denying you medical treatment is another question that will involve serious litigation and also partly hinge on whether you suffered any damage as a result of being denied medical attention. You should consult an attorney to discuss your options. Many offer free consultations.

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