Michael Maltby's Answers

Deadly force self defense question

It is a defense to a charge of [murder] [manslaughter] that the homicide was justifiable as defined in this instruction. Homicide is justifiable when committed in the lawful defense of [the slayer] [the slayer's [husband] [wife] [registered domestic partner] [parent] [child] [brother] [sister]] [any person in the slayer's presence or company] when: 1) the slayer reasonably believed that the person slain [or others whom the defendant reasonably believed were acting in concert with the person...

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Minor vs Minor, Fourth degree assault?

You can apply for a public defender. Don't try to do this on your own. At this point you are only charged. I would have to know a lot more before I could comment on the merits of the case. Good luck. Sent via BlackBerry from T-Mobile

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The FBI investigated and someone was charged in US District Court in Seattle

Submit a freedom of information act request to the FBI or go to the US District court clerk and they will advise you. Most court docs are open to the public. You may not be given all that you seek. Some information is protected by various statutory provisions.

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Caught shoplifting, no police report, very cooperative, paid fine early in full, should I stop worrying?

They could still refer the case to the local prosecutor. But I would suggest not worrying anyway, because there is nothing you can do and worrying will get you no where. I know that is easier said then done, but if you practice that approach it may become second nature. Good luck. Sent via BlackBerry from T-Mobile

I was caught shoplifting, how should I proceed?

Walmart may still proceed against you by reporting you to the police after you have paid them money. They may not however. It very well may depend on their store policy. I would suggest getting an attorney to delve into this for you so you can make a decision with all the facts. Or just wait and see if you are charged with theft. If you are charged I doubt if this offense will go on your record and believe you will only have to pay a fine. As a former prosecutor I have seen many cases...

Does an LP officer have to report a shoplifter by law? And if not, can they change their mind on a whim?

The law doesn't require that they report you and yes they can change their mind on a whim. Sent via BlackBerry from T-Mobile

What should I do if I've cashed stolen checks for someone else?

I would say keep doing what you are doing, that is, proceeding as an innocent person would in order to make things right. I would however make contact with an attorney first because I am sure there are more facts that would need to be reviewed. An attorney could then further narrow down exactly how you should proceed.

In wa state, what are the possible penalties for selling 4 tablets of a CII substance when you are set up in a controlled buy?

Any case rises and falls on the facts and how well an attorney can use those facts to mitigate the situation his/her client is in. In this case I would be hopeful that something short of a prison time may be worked out. If your mother has no previous criminal history and the issues you described, I would hope for a greatly reduced charge and/or hopefully something that would not be a permanent scar on her record.

My friend has a fta and a contempt of court charge

Bail is set based on a person's likelyhood to show up for court and whether he is prone to commit a serious offense. So without knowing more it is hard to predict whether your friend's bail would be reduced. he is best served by having an experienced attorney on board who is apprised of the facts and knows how to argue for his client. If you are not a lawyer you would typically not be able to argue on behalf of your friend. I would also have to have more facts before speculating as to what...

I was questioned in a second degree theft and never arrested. i was told by the police that if i heard nothing back in 3 weeks

It means that the case sat a prosecutor's desk until he/she decided to file the case. The information you got from the police officer was wrong. In fact the prosecutor had three years from this alleged violatuion to file the charge. At this juncture, you must appear in court per the date/time on the summons. I would advise showing up with an attorney if you can.