Jeffrey W Holmes’s Answers

Jeffrey W Holmes

Vancouver Child Custody Lawyer.

Contributor Level 12
  1. Is pleading to assault 4 non DV and maliacous mischief 3rd degree DV effect me from baring arms.(lautenberg )?

    Answered over 1 year ago.

    1. Vitaliy Kertchen
    2. Jeffrey W Holmes
    3. Daniel Joseph Gerl
    4. Patrick Owen Earl
    4 lawyer answers

    I believe this is a duplicate question that I have already answered, but given you cite the Lautenberg Amendment here it makes it a bit more clear you are specifically seeking information regarding federal prohibitions (which I did touch on briefly in my other answer). As mentioned previously, if you are subject to a DV No Contact Order, you could be prohibited from possessing or owning a firearm pursuant to 18 USC 922. The actual conviction for Malicious Mischief 3 DV, however, should...

    4 lawyers agreed with this answer

  2. What is the sentence my friend is getting for attempt to elude,driving while suspended, DUI

    Answered over 1 year ago.

    1. Jessica Lorene Campbell
    2. Jeffrey W Holmes
    3. Jasen Bodie Nielsen
    3 lawyer answers

    As my colleagues note, your friend's attorney would be in the best position to indicate what he is looking at. The Attempt to Elude is a Class C Felony offense pursuant to RCW 46.61.024. Assuming your friend has four prior felony offenses that do not "wash out" along with two prior DUIs that count for scoring purposes, he'd probably be looking at 366 days to 14 months in prison. The current DUI could count as a current offense as well, which would add a few additional months to the range....

    4 lawyers agreed with this answer

  3. I applied fot the DV lottery this November. Would this represent a problem if I apply for a J-1 trainee visa now?

    Answered over 1 year ago.

    1. Giacomo Jacques Behar
    2. Irene Vaisman
    3. Jeffrey W Holmes
    4. F. J. Capriotti III
    4 lawyer answers

    You shouldn't have any problems due to the prior application in the DV lottery. Best of luck to you in the Visa application process!

    4 lawyers agreed with this answer

  4. If someone arrested for domestic abuse claims self defense will their partner get in trouble?

    Answered over 1 year ago.

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

    If there is compelling evidence to prove a claim of self defense and show that you were actually the aggressor, then it is possible the Prosecution could consider charging you with a crime. That being said, the chances of that happening after a full investigation found your partner to be the one arrested and charged with a crime, it is doubtful any new evidence provided by your partner will change that. It is very rare that the Prosecution turns the tables and charges a "victim" with a crime...

    4 lawyers agreed with this answer

  5. What would the typical sentence be for a 2nd degree assault/strangulation DV with a previous expunged possession charge?

    Answered over 1 year ago.

    1. Adam Joseph Yanasak
    2. Jeffrey W Holmes
    3. Dennis James Dressler
    4. Aaron Lukoff
    4 lawyer answers

    Generally speaking, with an offender score of zero, your husband would be looking at a standard range sentence of 3 months to 9 months in full or partial custody. Additional conditions such as supervision/probation, Domestic Violence Treatment and/or Anger Management treatment, Fines, etc. are generally also included after confinement. As the previous attorneys have mentioned, there are a number of factors that could alter the potential sentence your husband could be facing. If he ends...

    4 lawyers agreed with this answer

  6. Criminal Case: Intimidation, Harassment? Pointing a finger. No not that one, the other one.

    Answered over 1 year ago.

    1. Scott John Terry
    2. James J White
    3. Jeffrey W Holmes
    4. Kris R. Jensen
    4 lawyer answers

    Without more facts surrounding this incident, it is a difficult to say for sure. It would be important to know what led up to this incident, including any statements that were made by the parties involved during and prior to the incident, and potentially additional background between the parties. Context is very important in Harassment cases, as well as intimidating a witness cases. If this is an actual incident, rather than a hypothetical, I would recommend contacting an attorney to discuss...

    4 lawyers agreed with this answer

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

    Answered 7 months ago.

    1. Jeffrey W Holmes
    2. Erin Bradley McAleer
    3. Kenan Lee Isitt
    4. Matthew R Hoff
    4 lawyer answers

    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....

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Arrested and charged with domestic violence. I asked my lawyer to show me the police evidence.

    Answered over 1 year ago.

    1. Patrick Owen Earl
    2. Jeffrey W Holmes
    3. Thuong-Tri Nguyen
    4. Joseph Daniel Raskin
    4 lawyer answers

    As you currently have an attorney, you should consult with him on these issues and how to best address your case. Different attorneys have different approaches on how best to prepare for a case, and it sounds as though your attorney has decided that sharing certain pieces of evidence will negatively effect you going forward. Without knowing your case, I can't comment on that any further. Generally speaking, you do have a right to review the evidence against you. If you do not agree with the...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Please can you tell me how much evidence is needed for rape conviction.

    Answered over 1 year ago.

    1. Jeffrey W Holmes
    2. James J White
    3. Gray Richard Proctor
    3 lawyer answers

    I'm so sorry to hear that you are having to go through this ordeal. Your question is an extremely difficult one to answer, even if your provided all of the specifics of this particular case (which I am by no means advocating you do on this site). There are no guarantees of conviction or acquittal in any criminal case, regardless of how much "good" or "bad" the evidence may be. The nuances and specifics of every case are so different, it is all but impossible to predict an outcome should a...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. If I want to report a rape that happened in kindergarten do my parents need to be there?

    Answered over 1 year ago.

    1. Dave Hawkins
    2. Kenan Lee Isitt
    3. Jeffrey W Holmes
    3 lawyer answers

    My colleagues have provided great advice on how to proceed forward. I would only add a few additional resources which can be accessed through the links below. The Sexual Violence Law Center provides a variety of services for survivors of sexual assault that can assist in providing advocacy through the process, and the other link provides a general list of services for victims of sexual assault and/or domestic violence.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

360-975-9288