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Sharon Elizabeth Chirichillo
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Sharon Chirichillo’s Answers

261 total


  • Dui pretrial probation says dont drink and i have a 'dirty' u. a. for alcohol. whats my probable sentance

    kittitas county, wa

    Sharon’s Answer

    The government will present a one-sided opinion and without a counter-argument it will be a touch hurdle to overcome without assistance of legal counsel.

    In September 2006, The U.S. Dept. of Health & Human Services issued an advisory in warning that (Ethyl Glucuronide) EtG tests should NOT be used as the sole criteria
    for taking action in a criminal justice context. The advisory warns that legal or disciplinary action based solely on these tests is scientifically unsupportable at this time. The EtG test, which has recently come into popular use by many laboratories, is too sensitive to distinguish between actual alcohol consumption and exposure to small amounts of alcohol found in many household and personal hygiene products.

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  • Can you appeal a DUI if you feel you were not represented by the best of your attorney's abilty and can prove injustice?

    If your attorney plead "No Contest" for you and did not represent you to the fulliest of his ability and you have proof that the DUI was a result of involuntary intoxication, can you appeal and have a trail?

    Sharon’s Answer

    I certainly concur with Patrick Mahaney's excellent response.

    Time truly is imperative to file an appeal. One way to get that information is to go to the court clerk and ask what their process is as well as if you are within the correct timeline. Your signature is from East Sparta- Below is East Sparta's Court link.

    On another note in your statement you write "you have proof that the DUI was a result of involuntary intoxication..." and you need to weigh the source of that "proof." Good luck.

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  • Should i try to fight a diluted specimen/ positive alcohol u.a. results, a probation violation.

    dirty ua for alcohol, pretrial release conditions. did not drink

    Sharon’s Answer

    The government will present a one-sided opinion and without a counter-argument it will be a touch hurdle to overcome without assistance of legal counsel.

    In September 2006, The U.S. Dept. of Health & Human Services issued an advisory in warning that (Ethyl Glucuronide) EtG tests should NOT be used as the sole criteria
    for taking action in a criminal justice context. The advisory warns that legal or disciplinary action based solely on these tests is scientifically unsupportable at this time. The EtG test, which has recently come into popular use by many laboratories, is too sensitive to distinguish between actual alcohol consumption and exposure to small amounts of alcohol found in many household and personal hygiene products.

    Good luck. Sharon

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  • I got a dui and blew a .16

    I had 3 priors but the last one was over 17 years ago, am I looking at jail time?

    Sharon’s Answer

    Depends if the other 3 were out of state and you had a deferred prosecution (DP) in this state. If you never had a DP then that may be something to consider. An attorney can argue Even if you had a DP in another state, if it does not meet WA State requirements for DP then you may still be eligible for one.

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  • Can i get my firearm rights back

    i was convicted of assault on a police officer abou 6-7 years ago in washington state. I had no problems with the law before or after this. can I get my right to bear arms back?

    Sharon’s Answer

    One of the requirements is that the criminal conviction does not meet "violent offense" under the RCWA 9.94A.030 statute. I have included the statute regarding restoring firearm rights. It is a process. A very specific process. You will need to make sure you have completed all conditions. Best of luck.

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  • Can i get my firearm rights back

    i was convicted of assault on a police officer abou 6-7 years ago in washington state. I had no problems with the law before or after this. can I get my right to bear arms back?

    Sharon’s Answer

    One of the requirements is that the criminal conviction does not meet "violent offense" under the RCWA 9.94A.030 statute. I have included the statute regarding restoring firearm rights. It is a process. A very specific process. You will need to make sure you have completed all conditions. Best of luck.

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  • Looking at my 4th DUI charge - but I wasn't driving, can they charge me with DUI?

    I was not driving and the vehicle was parked when the police "pulled" us over. I tried to explain to the officer that the other guy in the car was driving. They didn't question him or anything, that person had someone come pick him up right away. ...

    Sharon’s Answer

    What was the reason the officer gave to "pull" you over? Depending on where you were "parked"- If you were parked safely off the roadway, that can be a valid legal defense.

    There had to be an articulable reason for the officer to "stop" you. One charge that people can be accused is Physical Control, similar to DUI without the driving component.

    Another factor is what is the timeline of the 4th DUI? Is it within a seven year period or outside? Serious concern is that the officer did not question "the other guy." You will need to get his contact information in helping you with defending your case.

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  • Can a lawyer from one state represent someone in a case in another state?

    My mom had a court hearing today in the state of OH, she has no job or monthly income and was appointed a court appointed attorney. Long story short I dont feel she was represented well today. I was wondering if I could get an attorney from where ...

    Sharon’s Answer

    It is commendable wanting to help your Mom. In a criminal court matter your Mom would need an attorney that is licensed to practice law in the state she is accused of a crime. You write it is in OH, I have added link to OH State Bar Association with the phone numbers for Lawyer referral services listed per county. Ohio Legal Services is another site you can use as a resource to get information to help your Mom. My best to you. Sharon

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  • I have a friend that just got his 4th dui, she also has pending assault chargs what can she expect?

    She received her last dui in 2001 and just got another, she also has 2 counts of assault pending, what can she expect to happen?

    Sharon’s Answer

    With the use of both his and her pronouns of two different crimes, I am assuming you are referring to one person in your question? Depends on how the other three dui cases had been resolved and the time period the other dui charges took hold. In the question it states that the last dui took place in 2001, which is outside the seven year period and still upon a conviction a Judge can still use their judicial discretion in sentencing. Other considerations is if there ever was a deferred prosecution? How was it handled? Was it completed? Is he/she qualify interested in a dui court if it is even available? To give a comprehensive answer as I would like, I really need more information. He/She needs to proceed carefully as you know in making best decision for their overall future. Best, Sharon

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  • Will my pending assault charge affect my 4th DUI I was just charged with?

    Will my pending assault charge affect my 4th DUI I was just charged with? I have an assault charge pending trial (pled not guilty) and my last DUI was over 5 years ago.

    Sharon’s Answer

    The 4th DUI certainly will affect sentencing only upon a conviction. You state that one other dui is five years old that certainly will count. Even if the remaining dui's were outside the seven year period it is up to the Judge's discretion to consider past history at sentencing. Questions come to mind of whether the other three dui's were all in WA state and disposition of each. Was there a deferred prosecution completed? Are you currently in a county that offers a "DUI Court" and if so what are the conditions? Make very careful decisions regarding your current matter. Take care.

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