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Jeffrey W Holmes
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Jeffrey Holmes’s Answers

191 total


  • My guardian ad litem threw me under the bus, and I somehow tested positive for a drug I don't do.

    I'm not sure if you've all seen my other posts, but my daughter's father passed away, leaving me sole custodian of her, and his parents are fighting me for custody. We decided on a guardian ad litem. She gave me hope...until our court date...where...

    Jeffrey’s Answer

    I agree with my colleagues that the best way forward is to consider getting a re-test using either your nails or a hair follicle. Both of those tests go back a few months for the presence of drugs, and could assist in combating any false positive result you may have received. Getting a copy of your most recent test results and discussing them with your physician would also be a good approach as your doctor should be able to address whether the positive result could be attributed to some other substance you have been taking legally. Good luck to you going forward, and please feel free to contact my office here in downtown Vancouver if you would like to discuss your case in further detail during a free consultation.

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  • What will my husband be looking at? and can i get him a lawyer with VERY low cost? in Vancouver Washington Clark County.

    My husband got a possession of stolen vehicle when we split up, he is in custody for it now, this is his 2nd one on his record and has a long list on his record, he has 8 stricks but he should on have 6 cause 2 of them he did not plea too. But I j...

    Jeffrey’s Answer

    Additional facts and circumstances are needed to provide an accurate answer to your question. How long he is looking at depends on his offender primarily, so an attorney would generally run his criminal history prior to assessing how much time he is looking at. I would be happy to talk with you more about the specifics of the case, and can talk with you about potential pricing for criminal representation here in Clark County. Please feel free to contact me if you would be interested in chatting more.

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  • I was accused of two counts of third degree theft. The amount is $120 stolen. What can I expect in court pleading guilty?

    I am 19.The money was stolen while i was at work. I was found on video taking the money. I will plea guilty because i have done it. The money was taken from two different people in a home. amounting in 120$ I dont have a criminal background im com...

    Jeffrey’s Answer

    First of all, you should plead not guilty at your arraignment. If this is your first offense, there is the possibility of getting this matter dismissed one way or another, or at a minimum, getting the charge reduced. Having a theft on your record can follow you around for a long time, and could potentially cause issues with seeking employment in the future as a crime of dishonesty. I would highly recommend asking to screen for a court appointed attorney, or retaining an attorney on your own. There is no sense pleading guilty before the prosecutor has even made an offer to you, or before an attorney has had an opportunity to review the facts of your case. Please feel free to contact my office if you have additional questions or concerns.

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  • If original plan to pick up child on xmas eve was 2, and the otherwise absent parents changes it last min, can i still come at 2

    Ex-husband has been in-out of our daughters lives about 8 years. He'll visit them then say he'll start seeing them every other weekend(per parenting plan), then it's maybe a year before we hear from him again. Now he's engaged and is taking his (...

    Jeffrey’s Answer

    The parenting plan will generally control if there are disagreements. It sounds as though you made an informal agreement to allow him to have visitation even though you are scheduled to have Christmas and Christmas eve with the children this year, and that he is now trying to take advantage of that. Unfortunately, at this late hour a court will likely not intervene, and law enforcement likely would not get involved either. You could request the order be followed and the children be returned, but if you were to ask for contempt at a later point in time, he may be able to rely on your informal agreement to avoid any penalties. Your best bet may just be to attempt to work things out now, and stick to the parenting plan in the future given how he acts when you allow him some leeway.

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  • What's the difference between diversion and deferred prosecution

    If u have a 10 year old felony are you eligible for either?

    Jeffrey’s Answer

    There are too many variables needed to properly answer this question. It depends on the specific facts of your case, as well as the discretion of the Court and the Prosecution. Talk with your attorney about the specifics of your case to get a better idea of what the best solution is moving forward.

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  • When should I involve a lawyer for a juvenile sex crime case?

    My son and daughter had sex (three times). There are text messages about this. I self reported to the police. CPS is not currently opening a case (they know about it and due to our fast response, they are not pursuing the issue.) My son (who is be...

    Jeffrey’s Answer

    You should absolutely retain an attorney prior to your son speaking with law enforcement. The consequences of a sex offense conviction for your son at this stage could have lifelong repercussions, and he should definitely sit down and talk with an attorney prior to any contact with law enforcement to assure his rights are protected.

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  • Can I get my property back if my case was exhanerated till further investigation

    So hypothetically if I was charged with a crime but it was exhanerated but they still have my property can I demand it back due I'm innocent until proven guilty? Or can I request a speedy trial so they do not have much time to build a case if they...

    Jeffrey’s Answer

    It sounds as though you were charged with a crime, made an initial appearance, and the Prosecutor chose to exonerate your charges pending further investigation. Under those circumstances, the investigation is likely ongoing, and your property will likely be held until the investigation is concluded. If you are in dire need of your property for whatever reason, you can file a request for release with the law enforcement agency that is holding the property. They may then discuss the request with the Prosecutor to make a determination about whether it should be released or not depending on what state the investigation is at, and whether or not the State is strongly considering pursuing charges.

    With regard to speedy trial, that generally only applies if your are charged with a crime. If the State has all the evidence necessary to make a charging decision and delays doing so for an extended period of time, you may have a constitutional speedy trial argument, but otherwise, the State generally has 60 (in custody) / 90 (out of custody) days from your arraignment date to take you to trial, which it sounds like has not occurred yet.

    If there is an investigation still ongoing against you, it may be worthwhile to sit down with a local criminal defense attorney to discuss your case further so you can get a better idea of what to expect going forward. Feel free to get in touch with my law office if you would like to chat further.

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  • Can I write my spouse while in jail?

    My spouse is in jail for domestic violence against me with a no contact order in place. Can I write my spouse while in jail or would there be negative consequences toward her?

    Jeffrey’s Answer

    No Contact Orders issued in criminal cases generally only go one way. As such, if she is restrained from contacting you, that does not mean you are restrained from contacting her. As stated by my colleagues, however, your contact with her could lead to her contacting you in response. If she is caught violating the no contact order, her punishment could increase significantly. The penalties for DVNCO violations can be rather severe, and they could potentially act to aggravate her pending case if it is a particular DV felony offense. As such, it is probably not in her best interest for you to be contacting her at this point in time.

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  • I filed for divorce in July and my ex wont sigh the paperwork now what

    i was married in 09 and separated in 11 now its 2013 and i need to moved on

    Jeffrey’s Answer

    As stated by other attorneys, the specific facts of your case will determine what the next step is. If you filed for divorce in July of 2013, you likely also had the petition and summons personally served on your husband. If you two cannot agree on the final disposition of assets, liabilities, parenting plans, etc., then you have to go through the process of a contested divorce. This generally involves the discovery process, a settlement conference and, if settlement cannot be reached, a trial. The contested process can be long and drawn out, but you may be able to have a Judge or Commissioner grant temporary orders if you have not done so already, which can potentially provide you with some benefits while waiting on the dissolution to be finalized. The process can be complicated, and consulting with an experienced family law attorney could assist you greatly in choosing how to proceed forward.

    If you have any additional questions, or if you would like to set up a free consultation, please feel free to contact my law office in downtown Vancouver to follow-up.

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  • What's the sentence?

    I know someone who has 3 misdemeanor warrants because he has a no contact order and they saying he broke it cause she called and Asked in Vancouver, WA - 7 minutes Said he texted her and showed them the text but there is no proof he did for all ...

    Jeffrey’s Answer

    Maximum penalty for DV NCO violations (gross misdemeanors) is 364 days in jail and a $5000 fine. The actual sentence recommended depends on the offense itself and the prior history. If you would like to chat more, feel free to contact my office for a free consultation.

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