Nicole Terece Dalton's Answers

Oregon Minor With Marijuana in Washington. Should We Contact the DA?

I would not advise contacting the prosecutor. It's possible that the officer decided not to file any citation and to just let her go. Calling the prosecutor could prompt the prosecutor to inquire of the officer which may cause him to file charges. It is also possible that the officer realized he may have conducted an illegal search and decided not to file charges. If you are concerned that a warrant may have issued, you can contact the Clark County Sheriff's office periodically to find out...

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No Contact Order ?

You might want to ask your lawyer to argue to have the no contact order removed. If a no contact is not entered seperately, but just as a condition of sentence, it may be less likely that it would be enforced. However, the court could technically find that you violated your conditions of probation if you are with your boyfriend. It's hard to say whether police would have the order in their database, but if they did, any minor traffic infraction with both of you in the car could lead to your...

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Are there any defenses to failure to appear?

In Vancouver, Washington, if you never personally appeared and a summons was simply issued to appear, it may be difficult for the prosecution to prove that you knew - they would have to prove you knew to convict you. However, if you signed a paper agreeing to appear and forgot your court date, it is generally pretty difficult to beat a bail jumping charge because the defendant forgot. As a last resort, a technicality may fly at trial, but the chances of winning are generally slim if you just...

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How long does a arrest warrant last in in washington?

In most cases, if a warrant for arrest exists, it will sit there indefinitely. Whether and when law enforcement agencies may choose to stop actively listing the warrant, is difficult to predict. In Clark County, Washington, a misdemeanor warrant can often be quashed (or canceled) by arranging to come to court and appearing for legal proceedings in the case. An experienced attorney may be able to arrange for a client to appear in court on a warrant and be released on recognizance, without...

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How does my teen defend himself.

At his first appearance in court he will be asked if he wants a lawyer and given the opportunity to request a public defender. If he cannot afford a lawyer, it's a good idea to ask for a public defender. He should not talk about the incident to anyone but his lawyer, particularly when he is in court, as his words can be used against him. When he asks for a lawyer, he will be given financial paperwork to fill out and given contact information for a lawyer if he qualifies. A lawyer should be...

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Can you be convicted of dui in WA state after refusing blood test?

In Washington State, a refusal can still result in a DUI charge and conviction. You do have a right to speak with a lawyer however, and it sounds like your rights may have been violated by not allowing you to at least attempt to speak with a lawyer. Under certain circumstances, police can obtain the results of a blood sample without your consent, but it sounds like maybe that did not happen here. I'm afraid that a big concern for you at this point is the likelihood that you may face a DOL...

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Reentering the US with Wash St arrests warrant.

If you are a US citizen, immigration authorities do not have any reason to arrest you. Whether federal authorities at the border will have a record showing your warrant status, and arrest you under the warrant, is another question. As I am not a Florida attorney, I can't tell you what Florida's extradition policy is on a felony warrant for Washington State. Typically, the only way to quash (or remove) a warrant in the State of Washington is by going to court and appearing. Although an...

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Fighting a speeding ticket

Speeding tickets can be a bit of a technicalities game. Some attorneys have a very good rate of beating them - but that should never be a guarantee. Attorneys usally request materials relating to the ticket and then look for technical defects in the materials provided and materials on file at the courthouse. Sometimes there aren't any real helpful defects and attorneys issue a subpoena for the officer. In Clark County, the officer does not automatically appear for the hearing. If a...

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My ex lied&said I hit her I plead guilty but now she wants to tell the truth but she wants to know the consequences

Depending on how long ago you plead guilty, you might be able to get the conviction vacated. If you were able to do this successfully the case would again be pending. Depending on the state's other evidence, it may or may not be a strong case for you. You really would need to have an attorney look at all the facts and her retraction to give you an idea of what you would be looking at. Different counties have different policies about charging alleged victims like your ex for lying to the...

Can prosecutor use a statement in trial fr co defendant obtained under the impression of given a deal they decided not to take

It is possible that the prosecutor could use the statement. Depending on how incriminating the statement is, and whether prior such statements exist, your attorney could potentially use it as a reason to move to sever your case from your co-defendant's case if the statement is allowed. Talk with your attorney about your potential options.