Jeffrey W Holmes’s Answers

Jeffrey W Holmes

Vancouver Child Custody Lawyer.

Contributor Level 12
  1. Criminal Case; Probation. I Plead to a disorderly conduct and used Alford plea. I know what that is and the legal implications.

    Answered almost 2 years ago.

    1. Jeffrey W Holmes
    2. James J White
    3. Samantha J Leage
    3 lawyer answers

    If you haven't violated the terms of your probation, there shouldn't be any reason to impose any sort of sanction upon you. Generally speaking, life will be easier for you during your probation period if you have a good relationship with your PO, but she shouldn't be able to get you before court for sanctions if you are abiding by all the terms of your probation. If you do get to a point where you are facing a hearing for a potential probation violation, you should contact an attorney, or...

    5 lawyers agreed with this answer

  2. Probation vilolations..

    Answered almost 2 years ago.

    1. Jeffrey W Holmes
    2. Aaron Lukoff
    3. Jim Mitchell Medley
    3 lawyer answers

    It will likely depend on the probation officer and the specific terms of his probation. If part of his probation includes a ban against possession and use of "controlled substances" he could potentially still face a probation violation. Recreational use is not yet legal on the State level (as you note) and it is still considered a controlled substance under federal law, so either way it is a potential law violation. Ultimately, it will likely be a discretionary decision with the State/...

    5 lawyers agreed with this answer

  3. Unlawful possession of firearms 5 counts all at the same time do you only get the point and a half felony points

    Answered almost 2 years ago.

    1. Jeffrey W Holmes
    2. Tracy Scott Collins
    3. James Edmund Oliver JR
    3 lawyer answers

    If you are charged with a any amount of counts of unlawful possession of a firearm, you should definitely be consulting an attorney. Firearm offenses are some of the most serious offenses you can be charged with here in Washington State, and statutorily "Each firearm unlawfully possessed...shall be a separate offense" so the penalties can add up very quickly. My best advice would be to contact a local attorney to discuss the specific facts of your case as well as your criminal history to...

    5 lawyers agreed with this answer

  4. My wife received a negligent driving charge first degree in Washinton. The officer told her that he was doing her a favor and co

    Answered almost 2 years ago.

    1. Jeffrey W Holmes
    2. Patrick Owen Earl
    3. Adam Joseph Yanasak
    3 lawyer answers

    I'm not sure what you are specifically asking here, but Negligent Driving in the First Degree is a similar charge to DUI, and oftentimes in close DUI cases is the charge many defendants ultimately plead guilty to (DUI is a Gross Misdemeanor whereas Neg 1 is a Simple Misdemeanor. DUI also includes mandatory minimums and a number of collateral consequences that don't come with Neg 1). The statute for Neg 1 can be found at RCW 46.61.5249. It is hard to say whether the officer actually was...

    5 lawyers agreed with this answer

  5. Public defender says they can not file a motion to dismiss, what does that mean?

    Answered 9 months ago.

    1. Jon Thomas Scott
    2. Jeffrey W Holmes
    3. Carl A Munson JR
    3 lawyer answers

    I agree with my colleagues that it appears your defense attorney does not believe a factual basis exists for pursuing a motion to dismiss prior to trial. As mentioned, without knowing the specific facts of your case, it is difficult to provide an opinion on this. Generally speaking, however, a pretrial motion to dismiss is likely to fail if there is arguably any evidence whatsoever that tends to prove your guilt. Your public defender is probably on point with their assessment of the case,...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Will i get jail time when they revoke my diversion?

    Answered 10 months ago.

    1. Jeffrey W Holmes
    2. Matthew R Hoff
    3. James D. Laukkonen
    3 lawyer answers

    You should speak with your assigned attorney about the specifics of your case. If you don't have one, it would be worth screening for a court appointed attorney or meeting for a consultation with a private attorney. That being said, it is unclear whether you are on a deferred sentence or diversion, and whether that has actually been revoked at this point. If not, it sounds as though you may possibly be able to argue you haven't violated the terms if you aren't found guilty on the new crime...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Question regarding no contact order

    Answered over 1 year ago.

    1. Jeffrey W Holmes
    2. Bruce Clement
    3. Thuong-Tri Nguyen
    4. Matthew Thomas Majeski
    4 lawyer answers

    It would likely depend on the specific language of your particular order and the factual background of the case. I would suggest contacting a local family law attorney for a brief consultation to examine the court order/PP currently in place and discuss the specific facts in more detail. There are obvious concerns with the child's mother having a relationship with a sex offender, and it is certainly something worth looking into further.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. I am charged with residential burglary and would like to know what my chances are at trial?

    Answered almost 2 years ago.

    1. Jeffrey W Holmes
    2. Richard Francis James Lee
    3. Andrew C Huff
    3 lawyer answers

    It is doubtful you will find an attorney to provide a specific answer on what your chances are at trial. Jury trials are inherently unpredictable, and having 12 members of the community deciding your fate always carries some degree of risk. That being said, it does appear you have a relatively strong case given the apparent lack of intent required for Residential Burglary. You should discuss this with your court appointed attorney, if you have one, or retain an attorney if not as a...

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  9. No contact order. how long does it usually last?

    Answered 6 months ago.

    1. Jeffrey W Holmes
    2. Susanne Ruiz Rodriguez
    3. Patrick Owen Earl
    3 lawyer answers

    The length of the DV protection order will depend on what, if anything, your husband eventually is found guilty of. The pre-trial DV No Contact Order will generally be for five years, but once the case resolves it will either go away altogether (with a dismissal/acquittal or possibly with a resolution to a non-DV offense) or be replaced by a new No Contact Order. If your husband is convicted of Assault IV DV, the charge which it sounds like he would be facing, it is likely the Court would...

    4 lawyers agreed with this answer

  10. Regaining firearms after domestic violence

    Answered over 1 year ago.

    1. Lennard Anthony Nahajski
    2. James J White
    3. Jeffrey W Holmes
    4. Sean Anthony Brady
    4 lawyer answers

    As mentioned by my colleagues, your husband will likely have to wait a rather significant period of time to attempt to get his firearm rights restored. That being said, you may be able to contact the prosecutor who handled the case to discuss whether you can get the firearms released to a third party other than your husband. It may be worthwhile to chat with an attorney to look into this further, and potentially act as an intermediary as well.

    4 lawyers agreed with this answer

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