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Jeffrey W Holmes
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Jeffrey Holmes’s Answers

191 total


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

    My husband just recently got arrested for for DV. He was drunk one of the weekends and got mad because TV wasn't working for him. So he threw the remote at me, and held my arm so he can get remote of my hands i got up and slapped him on the face ...

    Jeffrey’s Answer

    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 enter a 2 year no contact order at the time of sentencing. The Court will, however, often times review the No Contact Order prior to the end date if the defendant has been engaged in treatment, and the protected party would like the no contact order lifted. There are a number of variables based on the specifics of the case, but that is a general outline of the process on a standard DV case here in Clark County. Please feel free to get in touch with my office if you have additional questions.

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  • I am 23 years old man Got in trouble first time for residential burglary@thieve 3 What sentence can I get for it?

    I am with my friends got in someones appartment. We took a small safe.We didnt open it.Safe was return back

    Jeffrey’s Answer

    My colleague lays out the general penalty provisions quite well. The prosecution will likely make you an offer of settlement prior to trial which will give you a better idea of what sort of penalties you will be facing should you plead guilty. A skilled defense attorney may be able to spot potential weaknesses in your case, and may be able to either negotiate a better resolution to the case or successfully present a defense at trial. I would strongly recommend talking at length with your public defender about the specifics of your case, or contact a local defense attorney to discuss your case in more detail.

    I would also advise you not discuss the facts of the underlying crime on a public forum such as AVVO, or with anyone else who may potentially be called as a witness. The specific details of your case (entering into an apartment and taking a small safe) are unique enough that a posting such as this could be discovered and potentially be harmful to you down the road, so keep the allegations/facts to yourself and your attorney moving forward. If you are interested in discussing the case further, feel free to contact my office at your convenience to set up a free consultation.

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  • Minimum time for rape 3 and rape 2 of a child.

    He has no other offenses involving sexual assult. H has one point against him. His attorney thinks he can get the rape 2 of a child dropped. How much time is he looking at if found guilty?

    Jeffrey’s Answer

    As my colleagues note, it is extremely difficult to provide a specific answer without knowing the specific facts of this case. The State will generally make some form of pre-trial offer, which would indicate what the State would be recommending should the defendant plead guilty. As mentioned, however, the Judge does not have to follow anyone's recommendation. It is worth noting that if the rape of the child charge is dropped, that would likely reduce the potential for prison time significantly. The best answer to this question will only be found by sitting down with an experienced criminal defense attorney to discuss the specifics of the case and criminal history. If you would like to chat about this question further, please do not hesitate to get in touch with my office.

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  • My fiance was attempting to elude the police and already has 6 points on him.. how much time is he looking at..

    its in clark county washington

    Jeffrey’s Answer

    As stated previously, the standard sentencing range for a Felony Elude with an offender score of 6 would be 12+ months (a year and a day) to 14 months in prison. Without knowing the specific facts and circumstances of the case, and particulars of the charging document and criminal history, it would be very difficult to say with any certainty what your fiance will be facing. His best bet would be to talk with his attorney about the specific of his case to get a better idea of what he is facing, and what his options are. Feel free to contact my office here in downtown Vancouver if you have additional questions or concerns.

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  • Ex is accused of dv and they keep postponing the case because he signed to waive his right to a speedy trial. How can I fight it

    I don't want to deal with this any longer. Although I will testify no matter how long this takes. Because he should pay for what he did to me. Is there a way to speed this up when his lawyer keeps postponing?

    Jeffrey’s Answer

    My recommendation would be to contact the prosecutor's office and try to set up a meeting with the assigned prosecuting attorney to share your concerns. The domestic violence prosecution center in Vancouver has a number of assigned victim advocates who should be able to set up an interview with the assigned prosecutor for you to discuss your desire to expedite the case if at all possible. The Prosecutor will hopefully take note of this and do their best to make sure the case is ready for trial the next time a Readiness hearing comes up.

    Ultimately, however, the defendant does have a right to prepare for trial, and the Judge will generally allow a reasonable amount of time to do so if the defendant continues to waive his speedy trial rights. If there are any delays in getting evidence or interviews set up, this could again provide a basis for a continuance. Best of luck to you moving forward.

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  • My work hrs and my ex's have changed; we both now agree to joint custody. Will a judge approve a parenting plan modification?

    I am currently designated as the custodial parent. Our daughter is 4 yrs old. We have joint decision making already. We both agree to a new 50/50 residential schedule. I have gone from working part-time to full-time; my ex has switched from ni...

    Jeffrey’s Answer

    One basis for modification is if the parties are agreed. As long as the agreement takes into account the best interests of the child, you should be able to proceed forward with a modification based on that agreement. Feel free to get in touch if you would like a free consultation to discuss your case in more detail.

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  • Washington State DUI Charge for a 20 y/o , .135 BAC What did i get myself into?

    I have no traffic tickets/accidents and no criminal record. I don't party and I don't drink often. I did get pretty drunk off some wine, and got myself a fat dui. It was a very icy night and I hit some ice, bounced off a curb and screwed up my tir...

    Jeffrey’s Answer

    As mentioned, stop talking about the facts of your case and stop making admissions as to your conduct. A skilled attorney will be able to review the reports written by law enforcement and give you a better idea of your options. You should definitely consult with an attorney and either hire a private attorney or screen for a public defender and plead not guilty at your arraignment. After that point, discuss your case in private with your attorney.

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  • What is trial? What is it like? For modifying parenting time?

    Nervous !!

    Jeffrey’s Answer

    Trial in family court consists of presenting your facts and argument to a judge, not a jury. If you are going to be in trial relating to a request for modification of a former final parenting plan, the evidence presented will likely revolve primarily around the underlying alleged basis for modification. The ins and outs of trial cannot thoroughly be explained in this forum, and it would likely be advantageous for you to meet with a family law attorney even briefly for a consultation to discuss the process in more detail along with the specifics of your case.

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  • Does she need a lawyer? Plead guilty or not guilty?

    My friend was charged with a 3rd degree theft. ($60) She admitted to the evidence and scheduled to appear at court for hearing. Is it better for her to plead guilty or not guilty? What would the outcome be? This is her first offend and didn't ha...

    Jeffrey’s Answer

    Your friend should absolutely speak with a lawyer prior to doing anything on her case, and should plead not guilty at her first court appearance. A theft is a 'crime of dishonesty' and can carry with it long term consequences. An attorney can review the case to examine possible defenses and can also negotiate with the prosecutor to attempt to get a reduced charge or a favorable resolution. An attorney could also explore resolution outside of court such as a civil compromise. Your friend should either consult with a private attorney prior to court or screen for a court appointed attorney at her first court appearance.

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  • Wondering the differences between the charges burglary , breaking and entering and trespass

    pertaining to being on someones property

    Jeffrey’s Answer

    There is no crime of "breaking and entering" in Washington State. With regard to Burglary, you can be charged with First Degree Burglary (enter or remain unlawfully in a building with the intent to commit a crime against persons or property therein and during the course of that crime or your flight therefrom you (a) are armed with a deadly weapon or (b) assault anyone." You can be charged with Residential Burglary by entering or remaining in a residence with the intent to commit a crime against persons or property therein. You can be charged with Burglary in the Second Degree by entering or remaining in a building with the intent to commit a crime against persons or property therein. Burglary in the First Degree is a Class A felony and a strike offense. Residential Burglary and Second Degree Burglary are Class B felony offenses.

    Criminal Trespass I is a gross misdemeanor and involves trespassing in a building and Criminal Trespass II is a simple misdemeanor and involves trespassing on someone's "premises" or property.

    If you want to discuss the particulars of a specific case, please feel free to contact my office to follow up.

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