Skip to main content
Erin Bradley McAleer
Avvo
Pro

Erin McAleer’s Answers

308 total


  • Theft settlement: accept, or decline?

    My 5 year old son's Kindle Fire hdx 7 was stolen and the person was seen. I filled a police report. (This kindel was a gift from someone no longer in our lives and thier interest in the theft went as far as reporting it to kindel so thier informat...

    Erin’s Answer

    It's your call, but I'd tell the lawyer what you want, or no dice. The theif with have to pay restitution if he doesn't strike a deal which will likely be at least the price of the smaller tablet anyway, so you really got nothing to lose. If the theif doesn't agree he'll end up with a conviction for theft most likely which will cost him a lot more than the difference in the price of the tablets. Hope that helps- good luck.

    See question 
  • Can I get charges dropped?

    Recently was caught stealing sleeping aid at a store. The total came to be $14. Police were called and I got cited and charged with a misdemeanor. I have a non-criminal misdemeanor on my record in another state from over 2 years ago. I still have ...

    Erin’s Answer

    You can likely avoid jail. There are a variety of options available including working out a civil compromise with the store, or potentially even entering deferred prosecution program if you have an issue that requires treatment. Criminal case consultations are usually free, so I'd suggest talking to an attorney as soon as possible to discuss your case.

    See question 
  • Do I have to show up to court for motion to remove no contact order?

    I have received a motion docket and court date in the mail to have a no contact order removed between myself and my boyfriend. I work full time and my job is not flexible and will not allow me the time off to go to court. I want the no contact ord...

    Erin’s Answer

    Showing up in person is best, but you can always file a written statement supporting the motion to terminate the no contact order. The court in Clark County won't likely entertain a phone appearance for this type of matter, but it never hurts to ask. Good luck!

    See question 
  • How many times will cowlitz co retry the same case where a hung jury is declared??

    I have been through a trial that ended in a hung jury. They then set me a court date to set new trial dates. How many times will this potentially happen?? Is there a limit?? Any laws that cover this??

    Erin’s Answer

    Until they get a conviction, or until you agree to plead guilty to something.

    See question 
  • Im 53yrs no tickets except driving without a license i was sued for 20yrs of my license @19. when i went to get it back dol

    DOL said "call Alliance One" Alliance One said" that will be 23,993.00 (7 tickets all for driving on suspended) my license has been held hostage by clark countys mafia creditors. i would like to prove in a court room that the courts which s...

    Erin’s Answer

    It's very possible to have the tickets yanked back from collections so you can pay the principal balance. The cost to have an attorney review your case and file the appropriate motion is well worth the money spent. its typically not that expensive. I would also review the tickets for a statute of limitations defense. An infraction and criminal fines and fees are considered civil judgments. Civil judgments are good for 10 years, but can be extended another 10 if the proper paperwork was filed. I recently had a client I was able to help escape more than 20,000 in fines and interest based on this same argument. If your question posed is accurate you may not have to pay anything. Call and schedule an appointment with a qualified criminal and/or infraction attorney and get your license back.

    See question 
  • After vacating your criminal record, how long before it stops showing up in the national databases?

    I had my record vacated last August and I thought that by March, when I decided to get a new job, that everything would be cleared and good to go. Turns out that even though my case was closed, my paperwork for vacation was never filed t...

    Erin’s Answer

    The court, the FBI and the Washington State Patrol don’t control private third-party databases which may maintain a record of your conviction. In fact, some third-party databases will continue to report the conviction even after its been vacated. I personally use a service with my clients that updates over 600 of the major third-party databases that employers and landlords commonly use; however, that doesn't mean it won't pop up somewhere in the future. If you find a third-party company providing incorrect or outdated information, generally those companies will allow you to dispute the information provided, which will prompt them to obtain the updated information from the source directly. I hope this helps answer your questions.

    See question 
  • Is us dating illegal?

    My question involves criminal law for the state of: Washington Hi my boyfriend and I have been dating for about 8mo now, when we first started dating he was my co worker but a few months ago he got promote and is now my manager. I confess that...

    Erin’s Answer

    The age of consent in Washington is 16.

    See question 
  • An officerover came to my door told me he only want to issue me a cicitation for pawing a stolen item. not arrest me but give tk

    Is that true or will I be arrested. A friend said I could pawn item then reported it stolen and showed them where it and I was. the officer said he just has to give it to me face to face or issue a wwarrant. Will I be arrested on site or get ticket

    Erin’s Answer

    Hire a criminal defense attorney and agree to meet the officer. Make no statements, if you're arrested you'll likely be out the next day anyway. As previously stated, the cop could be legit, or he may be luring you to a face-to-face meeting to arrest you and/or interrogate you to develop probable cause on more serious crimes.

    See question 
  • Will Las Vegas Nevada extradite someone for a misdemeanor warrant in Vancouver Washington?

    Theft 3 misdemeanor

    Erin’s Answer

    Not likely. Likely the warrant is good only in Washington. If the prosecutor really likes you it may be WA, OR, ID, UT. However, why go through life running from such a small problem. It's very possible this can be worked out fairly easily, possibly without even a personal appearance. I have a client currently in the same boat and he is appearing telephonically and is presenting the court a civil compromise asking for dismissal. Call a qualified criminal defense attorney and discuss your options. You'll be glad you did.

    See question 
  • How much does it cost to have your records cleared.

    I have a felony for theft over 10 years ago. All fines and sentences completed and I have had no other charges.

    Erin’s Answer

    The actual cost varies from firm to firm, and depending on the complexity of the case. You may be eligible to vacate your conviction depending on what your conviction was for, and you may be able to restore your right to bear firearms. Avvo searches this type of service under expungement.

    See question