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Jeffrey W Holmes

Jeffrey Holmes’s Answers

191 total

  • Husband a banded me I do not have a job, and do not want a divorce, does he have to pay alimony , married for 18 years

    Married for 18 years husband just left, said he doesn't love me anymore wants divorce

    Jeffrey’s Answer

    I'm sorry to hear about your current situation. Whether or not spousal maintenance (alimony) is ordered in a case depends on the specific facts of that particular relationship. The primary thing the Court will likely look at is the length of the marriage, the earning capacity of both parties, and the wages both parties were earning during the life of the marriage. Given the length of your marriage, you certainly may be able to receive spousal maintenance if the other facts present in your case support it. If there are children under the age of 18 involved, the court will also address setting up a residential schedule for the children, and potentially the issue of child support.

    If you don't have the finances to retain an attorney, you may want to contact the Volunteer Lawyer's Program here in Clark County, or the YWCA, for some brief free legal assistance through the process. Some local family law attorneys also may offer "unbundled" legal services to assist you with preparation of paperwork and explaining the process on an hourly basis, which can sometimes be a more affordable approach.

    Feel free to get in touch with my office via email or phone if you would like to discuss your case further during free consultation. Best of luck to you going forward.

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  • In Washington when calculating offender score, would these wash out?

    5 class c felonies from Oregon in 2004. he went to prison and while there they called him back to charge him with two class A's in 2005. He was released in early 2006 and got in no trouble till 2010 when he got a dv4. he is now facing a class A fe...

    Jeffrey’s Answer

    As my colleague notes, it does not sound as though he went a sufficient period of time "in the community" to result in wash-out of the prior offenses. Without actually taking a look at his criminal history, and when/why he was in custody over the past ten years, however, it is difficult to be sure.

    If the priors don't wash out, you friend may want to explore other avenues with his attorney. With regard to scoring, if your friend has felony convictions from 2004 that were in Oregon, the State would have to prove they are "comparable" to Washington offenses if they wanted to count them in his offender score. Sometimes that is easy for the State, sometimes it can be difficult. If the prior felony offenses in Oregon in 2004 all occurred at the same time, there could be an additional argument that the offenses encompassed "same criminal conduct," which could also potentially reduce your friend's score.

    If your friend has been charged with a Class A felony, I imagine he has an attorney assisting him through this process. These are all issues his attorney should be able to discuss with him in further detail.

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  • What is the minimum evidence the prosecution would need to convict on a firearm theft?

    An older juvenile was charged with residential burglary and 2 counts of firearm theft, 2 counts of possession of stolen property. A search warrant found some miscellaneous stolen property in his residence related to the burglary but he denies any...

    Jeffrey’s Answer

    This is a very subjective question. Ultimately, the minimum evidence required for a conviction is whatever the assigned judge at trial (assuming this is in juvenile court) subjectively believes is needed to convince him/her beyond a reasonable doubt that the juvenile committed the crime.

    In the instant case, it sounds as though the juvenile may have some good arguments to present in pretrial negotiations and at trial. If the firearms were never recovered, that could potentially create additional issues for the prosecution. If the judge finds the accomplice credible at trial, and believes the the juvenile did in fact take the firearms during the burglary, there would still need to be evidence that the guns taken do in fact qualify as "firearms" as statutorily defined (typically proven by having law enforcement test fire the weapon, but the State could potentially prove this in another manner depending on the specific facts present in your case).

    There will always be risk involved in going to trial, and it sounds as though this trial may turn in large part on credibility issues. These are serious charges, so the juvenile should make sure he has an experienced defense attorney to assist him through the process.

    If you have any additional questions, please free to get in touch with my law office via email or phone.

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  • What should I do?!

    I was texting a guy that went to my school but he moved. I said something that sounded raunchy but I totally didn't mean in that way. He twisted it around and said he had taken pictures of my profile picture, what I had said, and my name and if I ...

    Jeffrey’s Answer

    I'm sorry to hear you are having to deal with this situation. This should probably be moved to practice area "criminal law" given the nature of the inquiry.

    As previously mentioned by my colleagues, you should definitely not give in to his threats. He has already shown a willingness to post your txt message online, so he likely will not hesitate to post your nude photos if you provide them, or continue threatening you with even bolder requests.

    I also agree with my colleagues that you should report this to law enforcement, and try to keep as much evidence as you can (e.g. txt messages or emails with the threats he is making). As mentioned, his conduct could potentially amount to Extortion, and could amount to an attempt to commit a more serious crime if you are in fact a minor under the age of 18.

    This sort of behavior has unfortunately become too prevalent in our current society, so hopefully law enforcement will take it seriously and do a proper investigation to stop the threatening behavior from continuing. If you have any additional questions, feel free to get in touch with my law office via email or phone.

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  • Can they arrest a 14yr old on allegations only

    My 14yr old grandson is being accused of allowing a 5yr old girl to touch his penis....he was in his bedroom masturbating when the 5yr old walked in on him. He covered himself and said to go away but she kept asking him what that was he finally sa...

    Jeffrey’s Answer

    My colleagues provided relevant and on point answers to this question, but I just wanted to reiterate how important it is for your grandson to speak with an experienced defense attorney prior to making ANY statements to law enforcement. He is being accused of a very serious crime, and any statements he makes can potentially be used against him. I anticipate an experienced defense attorney would advise your grandson to not discuss the facts of this incident with anyone else, and especially not law enforcement.

    If you would be interested in discussing this matter in more detail, please feel free to get in touch with my law office via phone or email for a free consultation.

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  • I need good attorney for SW Washington. Accident was in Clark County. They were ticketed for following to close.

    Hit, spun around, bruised on face, lump in cheek, neck spasms, took 7 months for them to pay for car, attorney I had withdrew, is in hospital, Farmers offered 14,000 total.

    Jeffrey’s Answer

    I'm sorry to hear about your situation. There are a number of great Personal Injury attorneys in Vancouver. I'd be happy to personally meet with you for a free consultation to discuss your case, and will be in the office off and on over the holiday weekend. Feel free to call or email if you would like to discuss your case in further detail and set up an appointment.

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  • Probable sentence for 3rd Assault IV-DV

    My friend has 2 prior Assault-IV Domestic Violence convictions and is now facing trial in a third case, in WA state. The alleged victim made up this whole story because she knew they would take it seriously because he has 2 priors. He is expecting...

    Jeffrey’s Answer

    As stated previously, Assault IV DV carries a maximum possible penalty of up to 364 days in jail along with a $5000 fine, although it is rare the maximum will be imposed. If convicted it is likely he will have a no contact order imposed, be required to engage in DV treatment for a period of time (and potentially other treatment if alcohol or drugs were involved), pay standard fines and fees, and will likely be faced with some jail time, possibly mixed with some work crew, based on his prior criminal history. The pre-trial plea offer from the State would likely give some general idea of what the State/City would be asking for after trial.

    The facts of every case are different, and DV cases are extremely hard to predict. The fact that a victim is recanting in many cases actually may strengthen the case the State can present. If there are prior acts of domestic violence against the same victim, the State could potentially present such evidence to assist the jury in assessing the victim's credibility as a witness if she later recants an initial story of abuse (with State Courts specifically holding that "prior acts of domestic violence, involving the defendant and the crime victim, are admissible in order to assist the jury in judging the credibility of a recanting victim").

    The area of domestic violence is a very specialized area of criminal defense, and a working knowledge of the current state of the case law is extremely important both in negotiating a case pretrial, and in presenting a case in trial to assure only relevant evidence is allowed before the Court. It is important your friend have an attorney with a deep working knowledge DV criminal cases to assure he is properly advised going forward.

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  • Am i able to file for full custody without visitation?

    I am a single working mom and custodial parent of my 18 month old child. My child's father has visitation set for every other weekend but will cancel visits over a 2-3 month span. My child's father has been in and out of my child's life since he e...

    Jeffrey’s Answer

    I am sorry that you are having to deal with this issue. Your question is very fact specific, and more details on all the surrounding facts and circumstances of your case would better allow an attorney to provide an answer on this. Generally speaking, a Court will rarely terminate all visitation rights of the other parent without some glaring issue that presents a threat of harm to the child. It sounds as though you may be able to make the argument that visitation should be limited or restricted based on "A parent's neglect or substantial nonperformance of parenting functions" or "the absence or substantial impairment of emotional ties between the parent and the child" given the lack of consistent contact, but there are no guarantees the court will adopt such a finding, or restrict visitation completely even with such a finding.

    Sitting down for a consultation with a local family law attorney could possibly be helpful in providing more guidance on the best manner in which to move forward on your case. Feel free to contact my office if you would like to discuss this matter further.

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  • What is joint major desicion making on a parenting plan in Washington state?

    I am a non custodial parent in Washington state. We have a parent plan. My ex refuses to give me our child's medical information and does not contact me with any medical issues or Dr appts. Also my ex has changed our daughter's school reasoning be...

    Jeffrey’s Answer

    Check the "Major Decisions" section of your parenting plan (Generally 4.2) and the "Dispute Resolution" section (Generally section 5). If Education Decisions and Non-Emergency health care decisions are supposed to be made jointly, and she is precluding you from being involved, you may have a basis to get before a mediator or back into court (depending on your dispute resolution clauses). Your "rights" generally are going to be within the four corners of the parenting plan. If the other party is not complying with the parenting plan, you have the right to work towards enforcing it either by working with the other party, or by taking the action proscribed for Dispute Resolution.

    There are also many great family law attorneys in Vancouver that would be happy to assist you, and I would be happy to chat with you further about your issues in a free consultation.

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  • What age does a child have a voice in court? Pertaining to visitation/parenting plan (Vancouver, Washington, Clark County)

    I (the mother) have custody and the father has visitation. We have a parenting plan that hasnt been changed in 7 years. The kids are now 12 and 15 and are not wanting to spend as much time with the father in the summer. He currently has them for o...

    Jeffrey’s Answer

    As mentioned by my colleagues, children are typically given a voice through a Guardian Ad Litem in pending family law matters. As a matter of practice, a GAL is not appointed on every case, and there generally has to be some real concern regarding on or both parents requiring investigation before a GAL will be appointed. The fact that the kids simply don't want to be with dad anymore likely won't be enough to convince the Judge/Commissioner that a GAL is necessary. The current plan in place appears to be close to what the standard local rule plan would be. Dad may be getting a bit more time than usual in the summer, which is something that could potentially be addressed, but there are no guarantees a Judge would modify/adjust the parenting plan or even find adequate cause to consider doing so. If you are still interested in finding out more about the process, I would recommend getting in touch with a local family law attorney. I would be happy to chat with you further if you wanted to contact my office.

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