Shane M Silverthorn’s Answers

Shane M Silverthorn

Selah Criminal Defense Attorney.

Contributor Level 9
  1. DUI in Pierce County - is Deferred Prosecution available for a first time DUI? The BAC was .02

    Answered over 2 years ago.

    1. Shane M Silverthorn
    2. Vitaliy Kertchen
    3. Andrew C Huff
    4. Patrick Owen Earl
    5. James Edmund Oliver JR
    6. ···
    6 lawyer answers

    You do have the option of entering a deferred prosecution if you have an alcohol problem and believe that your alcohol problem contributed to your DUI charge. Also, you must believe that without treatment you will likely commit another DUI or other crime because of your alcohol dependency. However, you only get 1 deferred prosecution in your lifetime. So its usually not a very good idea to use it on a first time DUI. You should consult an attorney before you consider doing a deferred....

    14 lawyers agreed with this answer

  2. Boyfriend charged w assult 2 w a inhancment how much time is he lookin at?

    Answered over 3 years ago.

    1. Shane M Silverthorn
    2. Jennifer Vickers Freeman
    2 lawyer answers

    If the harassment was a threat to kill, then it is a felony and changes his standard sentencing range. If so, his range is 6-12 months plus a 36 month fire arm sentencing enhancement. There is no good time on the enhancement, but he will usually get a third off of the standard sentence. If the harassment was the Gross Misdemeanor variety then the standard range on Assault 2 is 3-9 months; and 0-364 days for the Harassment. The chance of judge not imposing a no contact order is very slim....

    5 lawyers agreed with this answer

  3. Have a warrant from 7 years ago in kittitas county for dwls 3rd and obstructing a police officer, will i go to jail?

    Answered 12 months ago.

    1. Valerie Semmes Bouffiou
    2. Shane M Silverthorn
    3. Matthew Robert White
    4. Alexander Floyd Ransom
    4 lawyer answers

    You can hire an attorney to see if he or she can work out a resolution of your case before the 20th. Or you can try to do it yourself by calling the Kittitas County Prosecutor's office. Ask which prosecutor is assigned to your case and then ask to speak with him or her. Ordinarily there isn't much or any jail time in a resolution for DWLS 3. But that judge does put people with warrants in jail - even on simple cases. Shane Silverthorn

    4 lawyers agreed with this answer

  4. What Do You Call The Criminal Option??

    Answered about 3 years ago.

    1. Shane M Silverthorn
    2. Ryan C Witt
    3. Derek Michael Smith
    4. Jennifer Vickers Freeman
    5. Mark Anthony Chmelewski
    5 lawyer answers

    There are many such options. It really depends on if the charge is a property crime, DUI, or drug crime. Misdemeanor Options: Compromise of a Misdemeanor - turns a crime into a civil contract for payment of damages and dismisses the criminal case. Pre-trial Diversion Agreement - also called a Stipulated Order of Continuance, Stay of Proceedings, Continuance without a Finding. All are really the same. Defendant waives right to trial, speedy trial, and other rights, stipulates to the...

    4 lawyers agreed with this answer

  5. Do i need a criminal lawyer being charged with a theft felony

    Answered about 2 months ago.

    1. Carl A Munson JR
    2. Jacqueline Porter
    3. Susan Frances Fremit
    4. Jakob Daniel McGhie
    5. Shane M Silverthorn
    6. ···
    11 lawyer answers

    As my colleagues have mentioned, it is a good idea to hire experienced defense counsel. A signed confession is always a difficult issue to deal with. However, since you have no criminal history there are still ways to work out a resolution to keep you from getting a felony conviction. If you have the ability to pay restitution there is a felony diversion program in Yakima County that may work for you. The unofficial cap is $5,000, but if you can pay it down below that figure you can still...

    3 lawyers agreed with this answer

  6. Vacating a misdemeanor in WA.

    Answered over 4 years ago.

    1. Shane M Silverthorn
    2. Thuong-Tri Nguyen
    2 lawyer answers

    To vacate your charge you have to file a motion in the Court in which you were convicted. So you will need to know your cause number from that case. If the Court destroyed your file it can be a bit complicated. However if you obtain your defendant case history it will show the court the information they need. You can obatain an information sheet and the proper forms on the Washington Courts website. http://www.courts.wa.gov/forms. If you would rather hire a lawyer to do this for you you...

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  7. Search warrant was granted to arrest me for failure to pay L.FO. The LFO criminal offense is wrong.can i get it thrown out?

    Answered about 1 month ago.

    1. Patrick Owen Earl
    2. Joseph Anthony Breidenbach
    3. Lucas Daniel McWethy
    4. Shane M Silverthorn
    4 lawyer answers

    Kittitas County and other Counties do issue warrants for failure to pay legal financial obligations. But it sounds like they made a serious mistake and if you were booked into jail on that mistake it could be false imprisonment. You didn't meantion that the police found evidence of a crime, but as others have said, if so you definitely should have an attorney because arrest warrants have much less scope for searching a residence than a search warrant. And the probable cause for a search...

    2 lawyers agreed with this answer

  8. My fiance got arrested on 1-22-15 it's said he is being charge for other agency hold. What does that mean and will he be out?

    Answered 3 months ago.

    1. Shane M Silverthorn
    2. Joseph Anthony Breidenbach
    3. Vitaliy Kertchen
    3 lawyer answers

    You should call the Yakima County Jail and ask what agency has a warrant for his arrest. You can also Google "washington courts" and select name search to see what cases he has. You could also hire an attorney to look into the matter. It may be an old case which he missed a hearing, or it could be a new charge. If he calls you should tell him not to talk to police and demand an attorney. Feel free to call if you have more questions.

    2 lawyers agreed with this answer

  9. How to get a formal "Order of Dismissal" document at district court in Washington?

    Answered 3 months ago.

    1. Jacqueline Porter
    2. Vitaliy Kertchen
    3. Shane M Silverthorn
    4. Joseph Anthony Breidenbach
    5. John M. Kaman
    5 lawyer answers

    The answers already given should work for you, asking the clerk, getting the docket and the like. If you find the immigration court requires an order, you can note a motion for an order of dismissal and present one - back dated to the date of the dismissal as indicated on the docket. It is common in Yakima District Court that an order of dismissal is entered - but it may depend on how long ago your case ended.

    2 lawyers agreed with this answer

  10. Can I still get charged with a DUI if the court lost my breath analysis?

    Answered over 1 year ago.

    1. Lennard Anthony Nahajski
    2. Sean D Mckee
    3. Michael P Brodsky
    4. Scott Weymouth Lawrence
    5. Patrick Owen Earl
    6. ···
    8 lawyer answers

    You can still be charged with a DUI without the breath ticket, but it greatly improves your chances for a good outcome on your case. Without a breath ticket the State has to prove that you drove a motor vehicle after consuming alcohol or other intoxicants, and your driving was affected to an appreciable degree. The officer can testify as to the voluntary field sobriety tests, your driving, and other observations that he made.

    2 lawyers agreed with this answer

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