Delaware has Class E Felony:
11 §4202(b), 21 §§4177(d) & 4177B(e)(2)
1st and 2nd offenses are unclassified misdemeanors, 3rd is a class G felony, 4th or subsequent is a class E felony. Sentence range 2-5 years & must serve 6 months incarcerated. Fines $2,000.00- $6,000.00.
New York has Class E Felony:
V&T Law §§1192 & 1193(1)(c)
impaired offenses: 1st offense is a traffic infraction, 2nd and subsequent offenses are misdemeanors.
per se offenses: 1st offense is a misdemeanor, 2nd...
The nolo contendere is the "no contest" plea. In WA State, an Alford plea is when the accused (defendant) does not admit that they committed the crime and maintains innocence, but admits that sufficient evidence exists with which the prosecution could likely convince a judge or jury to find the defendant guilty.
The judge must see there is some factual basis for the plea. Upon receiving an Alford plea from a defendant, the court may immediately find the accused guilty and impose sentence as...
To prevail on a motion to dismiss under Knapstad, the accused must establish that no material facts are in dispute and the undisputed facts are insufficient as a matter of law to establish a prima facie case of guilt. If allegations of material fact are denied or disputed by the State, the trial court must deny the motion. State v. Knapstad, 107 Wn.2d 345, at 356 (1986).
However, when an accused person moves to dismiss for insufficient evidence at the close of the prosecutor's case, and...
Public Defender's represent people accused of a crime. Most courts instill a policy regarding income level criteria to determine whether a person is eligible for a Public Defender. In the event the criminal charge results in a guilty plea or a conviction, upon sentencing most counties in WA State access fees ranging from under a hundred dollars towards around several hundred dollars. Most counties allow fines and fees to be paid in monthly amounts.
The person who will be most affected is you. If you go to court and your attorney does not know about it, what can happen is if the prosecutor brings the new charge to the courts attention the court will consider if this violates the conditions of release that were set by the court and the Judge could revoke your bail if one was set and take you into custody or if you had not posted bail then the court has the option to take you into custody and setting a bail amount. Also if the court had...
WA State a theft crime is categorized either as felony or misdemeanor. It depends on the amount.
Theft in the second degree – Other than firearm or motor vehicle.
(1) A person is guilty of theft in the second degree if he or she commits theft of:
(a) Property or services which exceed(s) two hundred fifty dollars in value but does not exceed one thousand five hundred dollars in value, other than a firearm as defined in RCW 9.41.010 or a motor vehicle; or
I also wonder if there was any Juvenile criminal history that was a felony? It would be a good idea to talk with a criminal defense attorney in your area so you can see what is actually consists of your criminal history.
Under Washington Law an individual cannot have a DUI Conviction removed from their record. The vacation statute specifically excludes removing DUI from somone's record. Vacation is the process that lets a person previously convicted of a crime to being removed from their criminal history.
The law does not require you to answer potentially incriminating questions. A polite "I would like to speak with a lawyer before I answer questions" is a good reply. Be polite and Never lie to law enforcement, as it will lessen your credibilty in court.
The law does not require that you submit to any field sobriety tests.
Field sobriety tests are not mandatory and there is no legal obligation to submit to the tests, which includes the hand held portable breath tests used in the field....