Cynthia Ann Macklin's Answers

WA criminal code, class c felony for 2nd degree theft

You should not give up all your constitutional rights and just go in and plead guilty without first having the benefit of an attorney's advice. Yes public defenders are busy and yes in a perfect world you would hire an attorney to assure that none of your rights are violated, but this is not a perfect world, so if you cannot afford an attorney, I highly encourage you to obtain a public defender so that he/she can look at the entire case, evaluate all the state’s evidence then give you...

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

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...

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Does a citizen have the right to expect an investigation when accused of a crime?

The answer to your question is YES. Of course we citizens .have a right to expect an investigation. The fact is that we, the public, employ the police — they work for us and their job is to work to assure public safety. However, we do not have a fundamental right to have them do a complete “investigation.” A lot of damage can be done when the only evidence against someone is allegations made by one individual. Often the only safety net is when an independent investigation (someone hires...

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Can my lawyer request the proscutor to reduce my theft charges to something which dos not come under the cimt

I am not sure what you mean when you say "CIMT" Having said that, it is your lawyer's job to do what is in your best interest. Part of that, in a criminal case, likely will involve negotiations. Negotiations involve your attorney talking to the prosecutor in your case in an attempt to get the prosecutor to agree to giving you the best possible deal. Best wishes...

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

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....

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

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.

False Accusations on Assault to 2nd and 4th degree

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...

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

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...

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

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...

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

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.