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Jeff Staples

Jeff Staples’s Answers

13 total


  • After the police respond to a misdemeanor , how long do the have to arrest you ?

    police responded to my residence for firing a firearm within the city limits . i was not arrested or charged , just talked to . they even stated that i wasn't being arrested . how long do they have to come and arrest me for that original offen...

    Jeff’s Answer

    I agree with Scott and Vitaliy's answers. It is possible you could receive a summons to appear in court if the officer referred the case to the local prosecuting authority and they elect to charge you. If you are charged, I would strongly advise you to hire an experienced criminal defense attorney.

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  • Can i record conversations in WA if there is an ongoing harassment / bullying situation , extortion or a crime of assault

    i have a situation in which my wife keeps threatening me with jail if i don't do exactly was she says when she says it. this is distressing because i have a dv charge pending. the p.a. has agreed to drop the charge to disorderly, but i didn't do a...

    Jeff’s Answer

    Washington law prohibits recording an individual without his or her permission. I would recommend hiring a defense attorney. Your attorney can explain your wife's actions to the prosecutor and potentially get you a better offer. Your attorney would also be able to advise you about what your chances of success at trial are and help you make an informed decision as to whether you want to pursue that option.

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  • What is the probable time for burg 2 in washington state if the person has prior felonys but has been in good standing 7 yrs

    they were not caught in the act, had no stolen material or tools to break in and were not at the alleged scene of the crime they were pulled over and told they were in the wrong place at the wrong time, the parking lot that was being used for turn...

    Jeff’s Answer

    You need more information to answer this question accurately. The sentencing reform act determines a person's sentencing range based on the crime charged and his or her prior and other current charges. Certain crimes will "wash" (won't be scored) if the person has spent five years in the community without any other crimes, while other offenses (such as prior burglaries) will count twice as much as other crimes. It sounds like this person may have questions about scoring and defenses to the crime in general and I would strongly recommend he or she retain a criminal attorney.

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  • Will a Wreckless driving charge show on my record, if I had a sucessful derferrement.

    Was (WRONGLY) charged with wreckless driving, by several hot headed under cover "COWBOY" wanna be, idiots. Never even had a speeding ticket, at age 41, and no criminal record no nothing. Had the 911 tapes, a gun was brandished at me and I had fled...

    Jeff’s Answer

    It depends on what you mean by "deferment." The law allows for deferred sentences which are where you plead guilty and then have a chance to withdraw your guilty plea and have the case dismissed after the deferred period if you complete certain conditions. Some jurisdictions also have diversion programs, where the case is dismissed and then you have to complete the terms of an agreement with the prosecutor, otherwise the case will be refiled and you've often then waived a jury trial. The bottom line is you can go into a department of licensing office and ask for a copy of your driving record. If you think it reflects your case inaccurately, I would recommend you hire an attorney to review what happened in the case and potentially cite it on in front of the judge who handled the case for review.

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  • I was recently charged with a DWLS 3rd degree and pleaded guilty, its my 1st offence, will there be a suspension issued or no??

    I previosly had a suspension on my liscence for driving without insurance then got my dwls 3rd degree, i went to jail but was then bailed out 2 hours later, went to court and plead guilty and they charged me as time served and gave me a $300 fine....

    Jeff’s Answer

    A Driving while suspended 3rd degree conviction does not suspend your license. Washington state will consider your license suspended while any other state has your license there suspended. If the only thing suspending your license is a fine you have to pay in Oregon, then Washington should reinstate you once that is resolved. Let me know if you need more information.

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  • Can a 17 year old girl date a 20 year old male in the military? Both in the state of Washington.

    He is 20 and she is 17. There is no sexual contact in any way and aren't together yet. Just looking for what is legal and what is not. He is in the army. Would he face any charges if he dates her???

    Jeff’s Answer

    I'm won't give any specific advice about what is or isn't legal without forming an attorney-client relationship because I would need more facts and then to specifically research the question as it related to those facts. But for general information purposes regarding Washington law: the age of consent in Washington is 16 and communication with a minor for immoral purposes shouldn't make illegal communication about sexual acts that would be legal if performed (State v. Luther (1992) 65 Wash.App. 424, 830 P.2d 674).

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  • I plea guilty to assault 4 non DV and malicious mischief 3 DV, does that effect lautenberg?

    In the plead agreement I was told from my attorney to when told in my own words why does it make me guilty of the crime... I was told to write that I push my wife and I knew it was DV. I only pushed her on self defense because she was attacking me...

    Jeff’s Answer

    Heather's right and her answer is great. If you were wondering whether you can withdraw the guilty plea, you could consider a motion under CrRLJ 7.7, but it probably doesn't have a great chance of success--especially since more than a year has passed. You should also consult RCW 9.96.060 to determine whether you are eligible to vacate the conviction, although from what you've said it seems that not enough time has passed. Also, even if you successfully vacate your conviction, I don't know if that would prevent the military from discharging you. I do recommend you consult a criminal lawyer in your area. Good luck.

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  • Wrong judgement on record how do I get it removed

    1989 was given a felony charge, but it was reduced to a class 3 gross demeaner. It is on record as a felony. How do I get it vacaded off my records. Have gotten lawyer for this and he said prossicuting attorney will not sign off. Whats wrong with...

    Jeff’s Answer

    A record vacation may be an option for you if you've completed the terms of your sentence and enough time has passed since your last charge. How much time depends on exactly what charge you were convicted of. If you think the record isn't accurate, you can go down to the county clerk's office and ask for a copy of the judgment and sentence. This will show you exactly what the conviction is for. If it is different than what the State Patrol is distributing though a records request, then you should contact them about correcting the information. This can be a complicated process and I would advise you to contact a criminal attorney in your area.

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  • Suspended liscense?

    so my dad accidently mailed me the wrong tabs for my car and i got pulled over and told them it was an honest mistake and he let me go.. after i left the scene and was not cited for anything i got a dwls 3rd degree in the mail and the officer said...

    Jeff’s Answer

    I agree with the other commenters: this is something you need to take care of and ignoring it will make things much worse. You may be able to get this amended to an infraction, which would be hugely beneficial. Although driving while suspended 3 is about the least serious criminal charge a person can face, it's still a crime and needs to be taken seriously.

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