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Cynthia Ann Macklin

Cynthia Macklin’s Answers

20 total


  • What is the sentence in WA state for shoplifting $6.56 and have priors from another state over 5 years ago?

    What is the sentence in WA state for shoplifting $6.56 and have priors from another state over 5 years ago? I was an employee at a retail store always paid for everything! Seen lots of people get their beverage and drink it first before paying but...

    Cynthia’s Answer

    The most by law is 365 days in custody and there is no minimum (therefore as little as no time in custody). Prior convictions will not enhance the penalties, but at sentencing a Judge will certainly take into consideration what ones prior criminal history is when she/he sentences you to somewhere between 0 days to 365 days. Keep in mind, however, that these kinds of cases can often be resolved short of going to trial and with a proper experienced attorney can often be reduced or dismissed. There are also other options available where if the victim agrees, and if the defendant pays back the money taken, the charges can be dismissed upon filing proper documents and appearing in front of the court.

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  • I want to do a background search on the person i got arrested for assalting

    i was sucker punched but i was the one arrested. if the person has a background of assalts it would help my case

    Cynthia’s Answer

    Huh, why were you arrested? They should have arrested the person who "sucker punched you!" If you were charged criminally, you have every right to the alleged victim's criminal history. Your attorney can and should obtain it from the prosecuting attorney. If this so-called victim does in fact have a history of assaults, depending on the facts of the case, it may be used in your defense.

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  • False Accusations on Assault to 2nd and 4th degree

    Can I press charges against group who jumped me? I was leaving with my kidsfrom an event and we asked way so that I can pull out of driveway but people drinking were resistant. My husband tried to get him to move but the guy started to fight. 3 gu...

    Cynthia’s Answer

    You asked if you can press charges against this group; the answer is that you yourself cannot press criminal charges, only the State can. You may have a civil suit against them however. More importantly at this point is to aggressively defend against these false allegations. You have every right in the State of Washington to defend the life of your children. Often in these situations, the police arrest first then ask questions later. You must get an experienced aggressive criminal defense attorney on your side to defend you. These are very serious charges; yet clearly there is evidence that can be helpful to your case, including but not limited to the bloggers admissions of what really happened. Once you prevail in defending the criminal charges, you should by all means sue the pants off these jerks for assaulting you and your family.

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  • Can a lawyer represent me if i have a warrant and live in another state

    well i missed a court date in ca that i wasnt even aware of

    Cynthia’s Answer

    Maybe...If the lawyer is licensed to practice in a state different than the state the warrant is in and you are asking if that lawyer can represent you on the outstanding warrant, then the answer is no! Where a lawyers client lives is not the issue, it is where the case arises out of. A lawyer can only practice law in states he or she is licensed in.

    The above answer is offered for informational purposes only and should not be construed as legal advice and/or forming an attorney-client relationship.

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  • Can the 3 strikes law appy if two of the offenses occured in TX and the third in WA?

    The first offense occured in 1986 for Aggravated Robbery with Assault in TX. The second offense occured in 1989 for Aggravated robbery with a deadly weapon in TX. The third occured in 2009 Assault 2 with a deadly weapon WA.

    Cynthia’s Answer

    Depends on the crimes. Washington does not have a charge of "Aggravated Robbery” However, it does have, for example, Robbery in the First Degree with deadly weapon enhancement. The elements of the crime you were convicted of in TX will be compared to elements of the similar crime here in Washington. If the elements match a crime in Washington that is ranked as a "Strike" crime, the prior out of state crime will be counted as a prior strike.

    The above answer is offered for informational purposes only and should not be construed as legal advice and/or forming an attorney-client relationship.

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  • I got caught stealing and i want to know wat can happen

    it was at a kmart and i was caught stealing a $3 bike tube. that was in november of 2008. i was 17 at the time.they sent me a letter and have called me many times. i hav never talked to them about anything. also when me and my freinds got caught ...

    Cynthia’s Answer

    The State only has 24 months to file criminal charges on a theft 3 degree. However, the fact that you have not yet been charged is good news and probably means you will not be criminally charged.

    The above answer is offered for informational purposes only and should not be construed as legal advice and/or forming an attorney-client relationship.

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  • What happens if I do nothing with my photo speeding ticket?

    I recieved a speeding ticket in the mail from a photo radar camera. Several people have suggested that I do nothing with reference that I wasn't cited by an officer and the burden of proof is on the City not me; not to mention the fact that I was...

    Cynthia’s Answer

    I
    think you are right - on in your fear that this could "snowball." You have a few different options; you could pay the ticket or request a hearing to contest or mitigate the ticket, or, if you were not in fact driving, you could sign an affidavit swearing that you were not the driver. Do not be fooled by the question on the back of the ticket asking you to reveal who the driver was; you are not legally required to answer that. Read the ticket in its entirety and pay close attention to the deadlines. Finally, keep in mind that in Washington, a red-light photo ticket is not a moving violation and therefore should not affect your insurance rates.

    The above answer is offered for informational purposes only and should not be construed as legal advice and/or forming an attorney-client relationship.

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  • My designtd driver is driving, we get run off the road. DD is sober, leaves to find a phone, I get arrested and expctng charges.

    My DD is driving my car, we're going home, I'm drunk; taking an ext ramp at 30 mph and run off the road at bottom of the ramp by a fast moving truck from behind.The ramp is a single lane roadway w/concrete j barriers left & right.The bottom of the...

    Cynthia’s Answer

    Wow, you need to get an attorney on board asap! there may very well be several issues that can help you in defending this case!

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  • Does a person with a charge of failure to protect qualify for vacation of felony in washington state

    failure to protect..felony

    Cynthia’s Answer

    Failure to Protect? I have never heard of that charge before. However, it depends on several factors. If this was a Federal charge then the answer is "no" but if it was a state imposed felony, it depends on what class it was, when it was, whether you completed the conditions of the sentence and whether you have had any new criminal violations since completion of the sentence. Usually, depending on the answered to the questions i have posed, with a class C you have to wait at least 5 years from the date of completion of the sentence, class B would be 10 years and many class A's cannot be expunged.

    The above answer is offered for informational purposes only and should not be construed as legal advice and/or forming an attorney-client relationship.

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  • I got caught shoplifting worth 122.00 dollars and i am on probation for a 3rd DUI for 5 yrs and have a riot charge back in 2003.

    Am i looking at jail time? This is my 1st offence since 2007...

    Cynthia’s Answer

    Without more information it is difficult to answer this questions. However, when one is on probation for a DUI and they violate the terms of that probation, i. e., have a Law Abiding Behavior Violation (example would be shoplifting), they may be subjected to some of the suspended sentence from the DUi being imposed, but not always. There is a lot of argument, in my opinion, as to why a Judge should not impose jail on the violation, including, but not limited to, the fact that a theft charge is not an alcohol related charge. With regard to jail time if you are convicted on the shoplift; you potentially face a maximum of 365 days in jail. Having said that, you could also be sentenced to zero jail. There are also other alternatives to convictions on misdemeanor thefts, such as a compromise of misdemeanor - ask you attorney to discuss all your options with you.

    The above answer is offered for informational purposes only and should not be construed as legal advice and/or forming an attorney-client relationship.

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