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Lance M Hester's Answers
- 28 Legal Answers
- 2 Legal Guides
2
Attorney answers:
Can I sue the court appointed lawyer for not giving us correct information?
I guess in theory you can sue anybody. If its a baseless lawsuit be prepared to pay, however. The opposition will surely point that out if that ends up being the case. Alleging "bad" advice is much different than alleging "malpractice." The law certainly expects a certain level of accountability from attorneys practicing in any particular area. However, because a lot goes into the ultimate advice whether to enter a plea (which appears to be what you are talking about) in a juvenile...
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3
Attorney answers:
Charged with Dui. I never signed one piece of paper. Paste copies of reports and forms with "YES" written for signature.DDef
There are many excellent public defender trial attorneys. However, they do not handle the licensing proceedings. If there is any delay in filings, etc., you also need someone who doesn't mess around who is willing to seek whatever supplemental discovery materials might be out there, or at least to notify those agencies of their obligation to not destroy as much. Many cars videotape stops, and, as Mr. Oliver noted, same with BAC rooms in some station-houses. Leave the scrutiny of the Miranda...
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4
Attorney answers:
I was raped when i was 17 by 2 men. i am 21 now, i never reported it. is there anything i can do?
You should talk with an attorney about the breadth of what to expect if you now do something about it. Reporting it is probably important for justice purposes. But you also deserve an education of the potential demands it will mean for you. Additionally, you should have somebody analyze whether there is a responsible party for helping you out for your stress and emotional damages.
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3
Attorney answers:
Why does a background report show "Guilty disposition was vacated"?
It all depends on what question(s) the employer is asking. The sense you've given is that your situation won't be eligible for vacating your record for a couple years, at a minimum. Be sure to check your court paperwork to determine with certainty (1) if you really were convicted of anything, or, perhaps were subject to conditions while your case was continued, and (2) what specific crime was involved. You want to disclose only what you are legally obligated to disclose, but you also don't...
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1
Attorney answers:
What is considered quick and speedy trial in Pierce County Washington? Why are they allowed to keep on continuing everything?
Several years back the Supreme Court approved a court rule that allows cases to be continued past your expected 60 days (90 if out of custody). "good cause" is the finding the judge needs to make. Court rules and caselaw allow charges to be amended, regardless whether they are misdemeanor or felony, sometimes even during the course of a trial. It may very well be tactics, but its not illegal unless there is unfair prejudice or surprise or an inability to properly prepare for trial involved.
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2
Attorney answers:
Interlock usage, without driving, is a court monitoring violation?
If you have accurately reported your probation condition, and you did not drive, there shoudl be no problem. Of course, your p.o. may try to make you prove you didn't stop the car. I don't recall if the IID print-out will show this or not; it should. Typically your conditions would require you to get an alcohol eval and complete followup recommendations. Whatever the treatment provider recommends is important to the court as well. so the BAC over 0.00 may prove violation of the treatment...
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3
Attorney answers:
Eye witness statement vs. Officers statement: does witness statement have enough to beat officers statement?
Without seeing your references in the police report, all i can echo is at trial the jury will weigh the credibility issues among witnesses. If it is subject of a motion, then the judge will weigh them. Sometimes good witnesses to something a cop has lied about can affect the prosecutor's attitude about the case while it is pending and in negotiations. So, this is a long way of saying, "it depends."
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2
Attorney answers:
Does the ISRB law read within it that the offender will serve a maximum term or does it say they will serve a life sentence?
One should be told about this prior to entering a plea and being sentenced. If not, there may be grounds for withdrawing a plea. However, that would depend upon an analysis of several matters.
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2
Attorney answers:
I have expired tabs and I've got a ticket marked as a "trafic" I'm not sure if it will effect my insurance payment. Is it?
As the other contributor noted.... This is not a moving violation and should not affect your rates.
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3
Attorney answers:
WA State-New charges filed at pretrial conference. How much time can pass before defendant is re-arraigned on the new charges?
Excellent inquiry. The 72 hr. Issue pertains to holding one in custody without probable cause being determined. Otherwise, the only real issue is whether one was prejudiced by the delay.
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