My only evidence is one eye witness account of one incident on the temporary order. I'm nervous about this, and really need the protection order to stick. How could a lawyer make a big difference in a hearing like this? I don't want to get myself ...
If there is a criminal charge pending against the individual then a prosecuting attorney will be asking the court to enforce the Court Order. If you are seeking a Temporary Order of Protection on your own in a civil case then an attorney is helpful to make sure you are complying with the requirements of the statute. There are times when an individual who should get a protective order does not get one because they failed to state or word the documents correctly. Most Courts would like to help the person seeking the protective order but they can only do so much before they are becoming an advocate rather than an independent judge. Some courts have victim advocates who can answer some questions but they are not permitted to give legal advice. If money were no object you would hire an attorney and that is the best thing to do. If you do not want to commit to the expense then you run the risk of failing to comply with the requirements to get the protective order.See question
the prosecutor agreed to reduce the charges to misdemeanor. Is that any way I can ask the prosecutor to dismiss the case. what happened if my husband accepted the deal of the prosecutor.
If your husband is charged with Assault 2nd degree and the prosecutor is willing to reduce it from a felony to a misdemeanor this is usually a good thing. One should avoid a conviction for a felony. An important question is why is the prosecutor willing to do this? Does this mean there case is not strong? A prosecutor is under certain duties under the law regarding domestic violence cases and reductions are usually because of proof problems. The prosecutor will not just dismiss the case. If the prosecutor does not believe they can prove the charge beyond a reasonable doubt their duty is to reduce to a charge they think they can prove or to dismiss the case. Unfortunately, there are some prosecutors who leverage the fear and uncertainty of defendants into pleas of guilty. The alleged victims are witnesses and are not able to get the prosecutor to dismiss. Make sure he has an experienced trial attorney to maximize the opportunities for a good result. If your husband takes the deal he will be required to obtain a DV "batterers" evaluation, an alcohol/drug evaluation and likely a mental health evaluation. The treatment required will vary but it will include a one year DV program, fines, costs and probation for two years.See question
Is it possible to vacate and expunge an infraction after entering a finding of committed and paying the fine?
No. The word expungement is used for criminal matters and trafic infractions are civil. One would have to bring a motion to set aside the finding of "committed" and it will be up to the court to decide. Most courts will not be willing to set their decisions aside without a good reason. The longer one waits to bring the motion will also affect the court's decison. The Department of Licensing also has their own rules about whethe they will remove it from your driving record even if the court grants your motion.See question
The affidavit was for evidence of the crime of posession with intent to deliver meth.
It depends. You would think that the answer would be the same in every court in every city, county and state. The truth is it depends upon the judge in each court. Your rights to be free from search and seizure are just about gone. The courts have expanded the limiting term "unreasonable" as in "unreasonable search and seizure" and have given great deference to law enforcement claims that it is reasonable for them to suspect criminal activity. An attorney will focus on information that is missing, such as odor or marijuana? Crystal substances? and the like. Get an attorney who can express toyou the nuance of search and seizure law and who is willing to fight.See question
I was charged of theft in the third degree and I wrote a statement confessing to the crime but also stating that I was willing to pay them back in full
Zero. Now that this has been said please understand my answer. We are in the internet age when everything is recorded electronically and stored. Once shared it stays shared and there is no eraser to take it off of a piece of paper. A shredder cannot destroy it. I suggest the real question is who will have access to the records and for what purpose? The record of your arrest may already be in the records of a company who proivdes back ground checks. They are not required to remove this information from their database, even if you are acquitted. Prospective employers may purchase this information. This means you need to know whether the business is looking for honesty in answers or conviction data. Pepole have lost their jobs because they failed to disclose back ground information that would not have prevented them from getting the job. Each situation is different so no clear answer can be given to you. If you avoid a conviction then "non-conviction data" can be removed from Washington State Patrol data that is available to the public. The method of preventing a conviction will lead to a record of the process. In Washington even a conviction can be expunged after any period of probation is satisfied and the person remains crime free for certain periods of time which varies depending upon conditions and crime. There is a process called a Compromise of Misdemeanor that may result in dismissal of the charge. Whther this is possible is best left to an attorney to negotiate and complete. Obviously, an attorney is the safest way to minimize the records that may be available in the future. Hope this is helpful.See question
A temporary restraining order was put on me due to a letter I had sent to my ex asking for my firearm back, the letter only stated that i would have the police involved if she had not returned the firearm, and now I can not possess a firearm for a...
If the only fact is a letter requesting the return of a firearm and indicating the police would be contacted if the property is not returned then a Court should not have issued a TRO. If there were other allegations, whether true or not, a Court may issue a protective order. You have a right to a hearing to present opposing evidence. If the protective order is entered already then a motion to reconsider or to rescind the order is the proper method. Since it sounds like your matter is more complicated than just a letter the safest thing is to do the hard thing and pay for a lawyer. Be sure to tell the attorney specifically what you want hiim/her to do. Think of what information you can give the Court that will calm its fears (which is why the protective order was entered).See question
I pled guilty to 2nd DUI. I also pled guilty (due to guilty plea of dui) to a probation violation on 1st dui. I missed a probation meeting. I was sentenced to mandatory jail time and home detention for DUI. Judge allowed me to do the probation...
To go in front of the same judge, go to the court clerk's office and ask them their procedure to get it on the calendar: follow their instrutions. If you had an attorney and he/she is still the attorney of record the court clerk may indicate that your attorney must do it. Be nice, but that is not true. You have a right to represent yourself. It is best to have an attorney look into the actual facts of the case. There have been times when someone did not understand the mandatory minimums and asked the court for a review and it got worse. You want to know for sure the answer to the question before you ask it. I can not tell from your information how the 120 days comes about but 30 days for the probation violation added to 90 days of EHM time for a 2nd offense within 7 years with breath test greater than .015 or a refusal equals the 120. This means you sould have had 45 days in custody time. Again, you should have the answer to the question before you ask the Court. Good luck!!See question
I received a citation issued by the Federal Protective Services. I am a federal employee and was cited while driving a government vehicle around the federal building I work. I was pulled over for reportedly rolling past a stop sign located just ou...
As stated above, handling a citation in Federal court is a very different scenario than state court. First, an attorney must be approved to practice in Federal court as opposed to State court. Second, the procedures are more stringent than state court and the rules of evidence are applied in a different manner. Being that you are a federal employee and this was issued on federal land, I'd recommend hiring an attorney familiar with handling these cases in Federal Court to fight for you.See question
I have a review hearing today at 1:30pm. Two years ago I was put on a deferred sentence for a DUI. Since then I have been attending alcohol treatment for the past two years, gone to my aa meetings, and haven't failed any drug tests.. My la...
The first thing I need is some clarification. Was your DUI for alcohol or for drugs? If this review hearing is for an alleged violation, did they find ETOH (alcohol) or did they find drugs? If alcohol, then hand sanitizer could provide a false reading. My research indicates that it would likely need to be a large amount and not a swipe of it on your hands. Did they get a level of alcohol or just evidence of its presence? Did they run a confirming test? Did they draw blood to verify and to quantify the claimed alcohol? Did you go get your own test done to disprove the allegation? Additionally, if you were in treatment for two years why haven't you comleted it? They are two years in duration at most. If this is a Deferred Prosecution rather than a Deferred sentence then no alcohol is permitted. A competent attorney can handle this. Hire one.See question
My now EX boy friend whom I DID live with was recently caught stealing Hydrocodone at the pharmacy I work at. He had worked for a seperate company who shared the same store front with the pharmacy. Although not allowed in offices he still managed ...
Do not wait until you are charged to protect yourself. Hire an attorney now to do the investigation into your situation. The attorney is a barrier to the government obtaining evidence that can be used against you. Also, if you are working in a pharmacy I suspect you have some level of license to do so. I am currently defending an action to revoke the license of someone who is alleged to have been involved in theft of drugs. The investigation can lead to unexpected consequences in other areas.See question