Sharon Elizabeth Chirichillo's Answers

Class E felony

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...

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Plea agreement

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...

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What is

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...

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Text recording

I concur- in addition you should also be aware that Effective January 1, 2008, A new section is added to chapter 46.61 RCW to read as follows: (1) Except as provided in subsection (2) of this section, a person operating a moving motor vehicle who, by means of an electronic wireless communications device, other than a voice-activated global positioning or navigation system that is permanently affixed to the vehicle, sends, reads, or writes a text message, is guilty of a traffic infraction. A...

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Can a cop make you sign anything during a DUI arrest?

There are three documents where there are four places for the accused's signature. How the documents were presented, when your rights were read, the specifics on how the "processing" of your arrest is critical in determining the validity of those documents. Did you get to speak with an Attorney? Were you given the documents to read, do you wear eyeglasses and if so were they with you, were you handcuffed, if so, then how were you able to read the documents, were the documents read to you?...

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Assault charges and curiosity

My hope for you is that you will retain a criminal defense attorney Soon. From your question it appears that you were not represented by a retained attorney. If that is the case, at that stage of criminal proceeding the judge only needs to be presented enough evidence to reach probable cause determination to consider the charges against the accused. If there is no opposing counsel presenting your side (criminal defense attorney) to rebutt that probable cause statement- then the state's evidence...

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Under legal limit .075 what can i be charged with?

On administrative end- Breath test reading listed will not bring about a nightmare of dealing with DOL suspension. However on the criminal side of a DUI the prosecuting attorney even with a .075 reading can STILL proceed to prosecute you, accuse you of a DUI if in the Officer's opinion the Officer believed that you were still impaired. Depends in how the Officer writes down in the police report about the driving pattern. Other accusations that could be charged is a Reckless Driving, a...

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I need advice concerning landlord tenant rights.

What will govern is Chapter 59.18 RCW Residential landlord-tenant act- In particular RCW 59.18.070 Landlord – Failure to perform duties – Notice from tenant – Contents – Time limits for landlord's remedial action. If at any time during the tenancy the landlord fails to carry out the duties required by RCW 59.18.060 or by the rental agreement, the tenant may, in addition to pursuit of remedies otherwise provided him by law, deliver written notice to the person designated in *RCW 59.18.060(...

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Is DUI conviction a felony or misdemeanor

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.

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Answering an officer

Actually, Washington law enforcement don't want you to know about the mistakes made during a DUI stop. Here are some examples: Stopping a vehicle without an articulable suspicion. An officer can not stop a person just because they think an individual is suspicious. Another one is an officer basing an arrest on the statements of the driver alone. The officer must have independent evidence to corroborate these statements. Another one is keeping a driver longer than is reasonable to investigate....

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