This is my GENERAL answer to your question. There are always exceptions. It sounds like you were given an SOC (Stipulated Order of Continuance) or a CFD (Continuance for Dismissal). Generally, if you abide by the terms of the agreement (you do an evaluation, treatment, stay out of trouble, etc.), at the end of the time period your case will be dismissed. Until then, at least in Spokane, your charge appears as "pending". This means it is not resolved and there has been no disposition...
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In order to answer your question I would need additional information. Specifically, what is the crime that you were charged with in 2003? Washington statute does allow for restoration of gun rights, but certain criteria must be met. The conviction of certain crimes like murder, robbery, kidnapping, assault, some drug related crimes will prevent you from petitioning the court for your gun rights back. If you have been convicted of a crime which does allow you to petition the court,...
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Once an incident has been reported, and a charge filed, there is little a "victim" can do. This can be very frustrating for a victim like you who does not feel threatened, and who may have been a mutual aggressor. Unfortunately, it is out of your hands. It is up to the prosecutor whether or not they will continue forward. There are a few different things that can happen. 1- the charge will be prosecuted anyway. A lot of times, prosecutors will view uncooperative victims as being...
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It is very difficult to know the complexity of a case without more information. It would be best for you to contact a defense attorney who is licensed to practice in the United States Western District Court of Washington directly. This allows an attorney to ask and get answers to certain questions, while having the protection of confidentiality. It is important you be confortable with your attorney and short of sitting down with them, a phone conversation is the next best thing.
Chuck, If I understand, you have been charged with 4th Degree assault, domestic violence and there has been a no contact order issued between you and your partner. You would like the no contact order recalled and want to know if there is something you can do to make this happen. As a defendant, you have the ability to motion the court for a reconsideration of the no contact order. During that time, the court will look at several factors. The court will consider any criminal history you...
There are a lot of factors a Court will consider when making the decision to remove a no contact order. What is the history of the defendant? What was the alleged conduct? What are the wishes of the victim? You seem to have a few things going for you. First, you have taken action. You can show the court that you have taken steps towards preventing this from happening again. Second, you have no previous criminal history from what you said. Third, there has been a "cooling off"...
Once an incident has been reported, and a charge filed, there is little a "victim" can do. It is out of your hands. It is up to the prosecutor whether or not they will contiue forward with an unwilling victim. There are a few different things that can happen. 1- the charge will be prosecuted anyway. A lot of times, prosecutors will view uncooperative victims as being afraid due to repeated abuse, and prosecute the charge anyway. 2- the matter will be set for trial and depending...
In order to answer your question, I would need more information from you. There are many variables that determine if you are elligible. Generally, in order to vacate a conviction and exponge the criminal charge off of your record, you need to meet certain requirements set by statute. Some domestic violence convictions are not elligible for expungement. The ones that are, the required wait time before you can motion the court varies. Additionally, you need to have a "clean" record...