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Nicole Terece Dalton
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Nicole Dalton’s Answers

36 total

  • What can be done to prove my significant other is wrongly accused?

    My boyfriend and I got into a verbal argument that resulted in the police being called to our apartment. During the argument, I had placed my hands behind my neck and pulled my arms down (self-taught stress reliever). This left harsh marks on my n...

    Nicole’s Answer

    As you can see, the prosecution has the power to pursue charges even when you don't agree. An aggressive and sophisticated defense attorney will look for all possible holes in the state's case, including closely evaluating whether the state has admissible evidence aside from your expected testimony. The prosecution may think their evidence is sufficient but strong defense attorneys often find problems with the state's proposed evidence. Of course, it would be better for you both if the case could get dismissed early on. Unfortunately, that doesn't happen very often. The no contact order in Clark County is unlikely to be removed until the case has come to a final resolution. If the prosecution won't dismiss the charge or offer a plea bargain he can't refuse, then it's very important to have a highly skilled trial lawyer ready to convince a jury of the truth. Your boyfriend's best chance is having a top lawyer who will conduct a thorough investigation, choose appropriate experts, file strong and appropriate pre-trial motions and have top trial skills. It may be very productive for you to hire your own lawyer to explain your rights and obligations, to help you navigate the system, to help you figure out how you can best get the truth out to help him, and potentially to help you interact with the prosecutor's office. Your lawyer should have a strong ability to work with the prosecutor's office and a strong knowledge of the law but may not need to have the strong trial skills needed to potentially defend your boyfriend against this extremely serious charge.

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  • Is it worth pointing out fictional police reports on d.u.i. cases or is this the norm

    I have heard that this happens often i am facing such a problem that really disheartens me a p.o. that has fictionalized the entire report he is good at it if this practice is tolerated by the powers that be i would like a heads up

    Nicole’s Answer

    Police officers are regular human beings, although they are trained in report writing and they are supposed to tell the truth. Sometimes they exaggerate and spin details. In my experience, occasionally, they simply don't tell the truth about everything. An experienced and aggressive DUI defender in Washington will interview the officer in your case and work hard to substantiate any discrepancies between the reality and the officer's version of events. Sometimes officers contradict themselves and sometimes there is evidence to contradict what they say. Unfortunately, it can be an uphill battle and pitting your word against the officer's word is always difficult. Your great DUI defender will look for details and any potential legal issues or technical issues with the stop, the field sobriety tests, the processing, and the breath or blood tests. Good results can often be obtained based on more technical issues in cases where trying to argue with the officer's version of events proves difficult.

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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

    MY ex was mad I cheated on her, started drinking and called the police and said I hit her.I plead guilty because Ive never went that long without seeing my daughter since she was born but now she feels bad and wants to tell the truth so my questio...

    Nicole’s Answer

    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 police. It would be a good idea for her to consult with a local attorney to get the answer. Unfortunately, your attorney really can't ethically give advice to both you and your ex.

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

    can the prosecutor offer a co defendant a deal to drop charges then the co defendant decided not to take because the prosecutor wanted him to lie and say we were on the property and we weren't, so he did not take deal CAN THE THE PROSECUTOR USE...

    Nicole’s Answer

    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.

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  • Conditiion not allowed back in own house

    I had a agruement with with 16 old daughter ,, she wished i was dead and said a few other things like move out of house ,,get out house of my house i pay for ,, ,,, i got a hockey handed to her to hit me ,, she phoned police ,, i utter threat if t...

    Nicole’s Answer

    In Clark County, unfortunately, judges almost always impose a no contact order against the accused and are very reluctant to drop it while the charges are pending. That does mean you would need a place to stay. A good lawyer will immediately work on getting interviews with your wife and daughter to figure out how strong the prosecution's case really is. Sometimes, with non-felony charges, the prosecution will agree to resolve with diversion and that could be the quickest way to resolve the living at home issue. It's also often a good idea to get involved in treatment as soon as possible because if the case can be proven and if you enter a plea or diversion, the judge usually wants to see some progress in treatment before allowing the defendant to return home. A strong defense attorney will help you get all the ducks in a row and closely examine your case to see if you have any defenses. Even when you own the house, community property laws in Washington typically give the spouse an interest in the property too, so you probably can't do much to defeat the no contact order until the case gets resolved.

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  • Vehicle Assault with Class B Felony

    My boyfriend is seeking a review/appeal on his charge with Vehicle Assault with a class B felony and a $5,800.00 in fine. We were involved in an automobile accident. My BF was the driver. He had alcohol in his system. We were both rush to the ho...

    Nicole’s Answer

    As Mr. Kraft mentioned, if a conviction has already been entered, your BF may or may not be able to appeal the conviction. Vehicular assault is commonly charged when there are serious injuries to a passenger and alcohol involved. If the case is still pending, there are potential technical issues that a skilled attorney can look at with the hopes of finding something helpful. For example, the blood alcohol level used by the prosecution could possibly be subject to challenge. Often times, in a vehicular assault case, the defenses may be fairly limited. However, looking closely at the validity of the blood alcohol measurement and other technical facets of the investigation are typically things that an aggressive attorney will do. If your BF plead guilty, there may be very little that can be done at this point. If the case is still pending, it may be a good idea to consult an attorney with experience defending DUI and vehicular assault cases.

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  • How can i get a lawyer to help me that isn't a public defender.

    I have never been in trouble before,and they are tring to charge me for face wash guns and poss/ the public defender wants me to plead to the gun charge and they will drop the rest, im not a restricted person, they found face shrub and a empty bag...

    Nicole’s Answer

    Many private attorneys offer short initial consultations without charge. If you are frustrated with your public defender, you may or may not be able to successfully get the court to give you a different appointed attorney. Judges do not automatically allow defendants to do that. You can certainly consult with a private attorney at any time and if you can make arrangements to hire one, doing a substitution of attorney is a pretty easy process and the court rarely refuses to allow a person to replace their appointed attorney with a retained one. It sounds like maybe your attorney needs to give you a good explanation for why she or he thinks you should plead guilty. If there is no good explanation, then your appointed attorney should be willing to fight for you. If not, you should be able to get another attorney - one way or another.

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

    We live in Oregon. Three months ago my 15 year old daughter was a passenger in an auto accident in Washington. She went to the ER. They found 0.04% alcohol in her blood. The police checked her purse and found an estimated 2-4 grams of marijuana (s...

    Nicole’s Answer

    • Selected as best answer

    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 if there is a warrant. If a warrant has issued, it would be advisable to contact an attorney and to have your daughter refrain from making any statements about the incident. Possession of a small amount of marijuana in washington is a misdemeanor and the maximum penalties are 90 days jail and a fine. The collateral consequences of a drug conviction, however, can include affecting financial aid eligibility, employment, and housing. A good lawyer can sometimes obtain an alternate resolution that does not involve a drug conviction.

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  • How do you get a conviction vacated when you live out of state?

    My son lives on the east coast and a conviction from 1991 has prevented him from getting a job

    Nicole’s Answer

    It would be a good idea to consult with an attorney or do a little additional research to determine whether the conviction is one that is eligible to be vacated and sealed. Washington state publishes guidelines through the state court website that may help you determine whether the conviction is eligible. To be eligible, all conditions of sentence must also have been completely fulfilled, including paying all fines and restitution.

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  • Possession of heroin and paraphernalia

    My daughter was charged with Possession of heroin and paraphernalia on friday and has a pre trial on the 20th of this month. At this point she has a court appointed attorney, and he told her to plead not guilty. Her in mates are telling her that s...

    Nicole’s Answer

    Pleading guilty without the advice of an attorney is rarely advisable, as Mr. Green mentioned. Although her friends may be OK with only doing twenty days in jail and having a felony on their record, that may not be the best option for your daughter. Accepting a felony conviction is not a decision to take lightly because of the potential and likely impact on future employment, housing, and other aspects of a person's life. A public defender could at least review the police reports and determine whether there are any obvious violations of her rights that might be used to her advantage. Depending on the circumstances, a skilled attorney may or may not be able to obtain a better offer for a plea bargain. However, she might want to give herself the advantage of at least knowing what her options are.

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