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Michael E Harbeson

Michael Harbeson’s Answers

49 total

  • How to find out when prosecutor got evidence

    My ex submitted evidence of her committing dv on me and think the prosecutor acted crookedly and held it back. So he could bring charges. My public defender said he found it very disturbing and it was evidence that she was not afraid of me. She e...

    Michael’s Answer

    I would contact your attorney and force your attorney to demand that evidence from the prosecutor. It could have a significant impact on your case. If you were convicted of anything as a result of this incident, it could also provide what is called "Collateral Attack" on the conviction, allowing you to possibly overturn the conviction. The prosecutor has a legal obligation to provide all relevant discovery about your case to your attorney. Make sure your attorney forces the prosecutor to provide that evidence or at least have the Judge order the prosecutor to produce the evidence.

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  • I pleaded guilty to my first duI two months ago and have not gotten a letter from the DOL is my license still valid?

    Part of my probation requires I get an ignition interlock device but there was no time frame stated and the DOL website says my license is still valid.

    Michael’s Answer

    If you pled guilty to a DUI then your license should be suspended by now. It usually takes the Department of Licensing 45 days to mail you notice of the license suspension. Department of Licensing is only required to mail notice to your last know address, so if you have not updated your address with them then you may have missed the notice of suspension. I would check on your license status with the Department of Licensing's website or contact your local Department of Motor Vehicles for your status.

    If you are caught on a suspended license then you are in a lot of trouble with the court. The court by law has to impose 30 days of confinement and add another 30 day license suspension. In addition you will be dealing with a separate criminal charge for Driving While License Suspended. I would find out your status now and not hope that you fell through the cracks. If you are suspended then you can apply for a Restricted License that will legally allow you to drive during the suspension period.

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  • Possible violation anti-harassment order.

    I had an anti harassment order issued (civil) against me. I heard through the grape vine that the party's who were granted the order may go back to court for a possible violation that happened 4 months ago. Have they waived there to anything by ...

    Michael’s Answer

    • Selected as best answer

    Typically, if there is a violation of a protection order, the police would be involved and the party should have contacted the police 4 months ago when the violation occurred. If the party goes directly to court, the court may ignore the claim and tell the party to make a report with the police. Its up to law enforcement and possibly the prosecuting attorney to decide if criminal charges should be filed with the court. Given the time frame that you mentioned, I believe its not likely that the police would follow through with criminal charges. I would hire an attorney to represent you in court if that party has noted a court hearing for the violation and would definitely obtain an attorney if you receive notice of any criminal charges in the mail.

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  • I received a speeding ticket in california. I live in Washington state. Will this ticket effect my washington driving record?

    The ticket came with instructions that I could take a defensive driving course to remove the ticket from my driving record. I would of course still have to pay the fine in addition to the driving course fee. Do I need to take the class? Or should ...

    Michael’s Answer

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    Typically, out of state infractions will not be reported to the State of Washington. Your Department of Licensing record with Washington State should not have a record of an out of state infraction unless that State reports it to the State of Washington. However, your insurance company may still check out of state records for tickets but most insurance companies that I know only check their database and the State that you reside in. To be safe, I would do an on-line driving course and pay the fine. The on-line driving course is not very expensive.

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  • How do I get bail money back when I was released on my own recognizance?

    I was in jail and a friend of mine tried posting bail for me but for some reason it did NOT apply to me and waited over night for court the next day, and got released on my own recognizance and now having trouble getting that bail money back

    Michael’s Answer

    Typically it takes the court 2-3 weeks to mail a check to the last known address of the person who posted the bail. If the bail is still not returned by then, I would contact the clerk of the court or wait until your next court date to address the issue with the Judge.

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  • What is the process of the interstate compact parole transfer?

    My husband was charged and sentenced with a marijuana delivery charge out of state but is a michigan resident. He is now serving his time in county out of state and is gaining good time. The county jail told us he is qualified for the interstate p...

    Michael’s Answer

    I would contact his probation officer or the Department of Corrections regarding this process. It may vary from each jurisdiction. My experience with the interstate compact act is that you must gain permission from probation and the court to transfer out of state and also have the county where he is moving to accept him on probation there. It can be a little complicated but his probation officer should now the process. If not then he may have to hire a local attorney.

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  • Can I be pulled over if the registered owner of the car has never had a drivers license in Washington state?

    I was wondering if I am driving my girlfriends car that is registered in her name but she has no drivers license, it's not suspended, she just hasn't gotten it yet. Will a cop pull me over if they run my plates?

    Michael’s Answer

    • Selected as best answer

    If you are driving the vehicle and are licensed to drive then you should not be stopped because of your girlfriend's license suspension. However, officers do run the license plates for the registered owner's license status and may check to see if your girlfriend is driving the vehicle. Officers are not supposed to stop the vehicle for this purpose when it is apparent that the driver doesn't match the physical description of the registered owner.

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  • DWi- Job Offer

    I was recently offered a job. There was no background check performed as of yet. I thought the process was they don't offer you a job until a background check is performed? I'm asking because I recently got charged with a DWi in Ontario County. I ...

    Michael’s Answer

    Honesty is the best policy when dealing with future and current employers.

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  • I recently got arrested for a DUI. I am going to trial for this and I blew 0.00. I was taken to the hospital for blood nothing

    I was appointed a probation officer during my arraignment. I have been back to court 4 times,go back Dec 4th. During my last court date I was told by the officer that checks you in that I was suppose to see my probation officer. I was in her offi...

    Michael’s Answer

    This sounds like a Puyallup Municipal Court DUI. Unfortunately, the Puyallup Police have been doing this a lot lately, they have been booking people into jail while requesting a warrant from the Judge to obtain a blood draw and then transporting people to the hospital for the blood draw. I have had several clients arraigned on a DUI charge with no alcohol involved and no blood draw results at that time. Typically, the blood draw results won't be available for at least one month from the arraignment date.

    I would definitely hire an attorney. The prosecutor should dismiss your charge if there is no alcohol and/or no drugs from the blood draw results. However, if there are any indication of drugs prescribed or non-prescribed, the prosecutor and the Judge are not experts and will not be able to interpret whether you are under the influence. Probation can be removed as soon as your case is dismissed but given your history if you even plea to a lesser charge then you will be locked into a treatment program and probation. You need to get an experience DUI attorney with that court.

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  • My wife got a traffic ticket for not right turning into the closest lane to her.

    The reason she didn't was because the one closest right lane had a big sign that reads right turn only. The officer said she should have turned right onto that lane then change lane afterwards. You can see how this can be very confusing and I ha...

    Michael’s Answer

    I would go ahead and mail in the ticket requesting a contested hearing. The court may still schedule a contested hearing. The worst than will happen is that the court will find the infraction committed and impose the penalty. At that point, you can hire an attorney who can file a motion for good cause to reverse the finding of committed or you can pay the penalty.

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