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Anna K. Woods
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Anna Woods’s Answers

119 total


  • Questions about expungments and caserevisits.

    Is it possible to revisit a case that a person has plead guilty too? I plead guilty to 2 dvs woth assualts and the evidence supported my case, however, i made a mistake and violated the nco which is why I plead. Would the violations still be a fac...

    Anna’s Answer

    My colleagues have approached your question from two different perspectives and I am not sure you realize that there are actually two questions or options that your situation presents. The first would be to vacate your plea. As my colleague has indicated this is a difficult procedure and motions to vacate are rarely granted. I have prevailed on motions to vacate if my client was provided incorrect information about the sentence requirements or serious collateral consequences and also in a situation where there was a language issue and no interpreter. Unless there is a serious problem with the plea, it is very difficult to vacate a plea of guilty. The second would be to vacate the plea and ask the court to dismiss the charge which could result in getting rid of the conviction. This would not be based upon the original facts but the length of time that has passed, whether or not you have complied with all requirements of the sentence and have had no new criminal law violations. My suggestion is that you hire an attorney familiar with both of the procedures to see if either option is available to you. Good luck.

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  • I violated a no contact order and have to meet with a probation officer. Can I lie to him about it to not incriminate myself?

    there are no further details to add at this point

    Anna’s Answer

    Being dishonest with a probation officer is never a good idea. It is a much better idea to contact your attorney, or a public defender if you do not have an attorney and seek advice on your specific situation before meeting with your probation officer. It is also a good idea to stop publishing questions about being dishonest and questions about lying on a social media website, they are after all, public.

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  • Do I have to show up to court for motion to remove no contact order?

    I have received a motion docket and court date in the mail to have a no contact order removed between myself and my boyfriend. I work full time and my job is not flexible and will not allow me the time off to go to court. I want the no contact ord...

    Anna’s Answer

    Many courts do require both the restrained and the protected person to appear in person. The reasons for this vary and include allowing the judge to make inquiries of the parties and to make sure that there are safety plans in effect. Additionally, I suspect that the courts usually want to confirm that the protected person really does want the order removed and feels safe. This being said, your post does not clarify if you are the protected or restrained person. If you are a defendant and the order arises out of a criminal matter, you should contact your attorney immediately and discuss the matter with your attorney who may be familiar with the court's expectations. Additionally, I always caution my clients, who are defendants, to stay off of social media regarding their case entirely. If you cannot afford an attorney and are a defendant, you should ask the court to appoint a public defender to help you as soon as you can. Good luck.

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  • How to get help for my mentally ill brother?

    My brother has gotten in so much trouble with the law in the last year. He had behavioral problems as a kid and was kicked out of multiple schools for fights. He's now 22. He has ADHD and has not been on medication for years and has never had coun...

    Anna’s Answer

    Sadly, there is little help for people with mental health issues these days. While there are a few resources such as mental health court and western state associated with the criminal court system, these are few and other resources are even more scarce. In my practice, I have encountered quite a number of people that end up in the criminal system because they have mental health problems and find it hard to function within the rules of society. I sometimes refer people to Catholic Community Services where there is some reduced fee help. From the sounds of the situation, it seems unlikely that insanity or competency were issues connected to the criminal charges or your brother's attorney would have raised the issues. This does not mean that he does not have serious mental health issues. His issues simply may not constitute a legal defense. Do not give up on your brother, try calling Catholic Community Services and ask for a referral if they are unable to help. Good luck and your brother is lucky to have such a caring sibling.

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  • See details below

    If a person violates a no contact order and they go to probation, how do they respond to the officer if asked if their has been compliance?

    Anna’s Answer

    While honesty is probably a good idea, I also agree that you should contact and hire a criminal defense lawyer as soon as possible, preferably before your probation appointment. The sooner you hire an attorney, the more help you are going to be able to get with this question as well as others that will likely pop up.

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  • Can police take a DNA sample from a 17-year-old without parental consent or a court order of some kind?

    They did this while he was in custody overnight for an FTA because he missed his court date.

    Anna’s Answer

    I agree with my colleague that it is difficult to give you a specific answer without additional information. For example if your son had already been convicted of a crime requiring DNA sampling, then it might y have been ok. Because you indicate that your son failed to appear for court, an attorney is already involved in the matter and you should contact him or her to discuss your concerns. Good luck

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  • I bailed someone out the person I bailed out never filled out the papers, or signed anything. Is the contract binding?

    I bailed a friend out of jail using a bail bonds co. The lady from the bail bonds met me at the jail. I filled out my share of the paper work, and left. The person I bailed out never filled out their share of the paper work, never even signed anyt...

    Anna’s Answer

    You need to read the paperwork that you signed to make sure you understand what you signed. As most attorneys advise, always, always,
    read paperwork before signing. Also you may wish to call the bond company regardless of what the paperwork says and see if they will refund and release any property you put up as collateral. Good luck

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