Jeremy D Benson's Answers

DUI in Seattle, deference or trial?

First of all, you brother really needs to speak to a DUI lawyer about his case. DUI cases are complex and only a dedicated DUI lawyer has the experience and knowledge to successfully defend the case. Without knowing more about your brother's case, it is impossible to say how he should resolve his case. If he has successfully supressed the BAC results then the State is left without a vital piece of evidence. He is in a much better position now to negotiate. Success at trial depends on the...

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What is the punishment for 6 class b felonies of identity theft and forgery. with one drug possession felony on record.

Mr. Rasmussen's analysis is accurate. However, there is a factor that may reduce your standard range sentence. If the separate counts in your case involve the same course of criminal conduct, the counts may not count against one another for your offender score. Counts that are part of the same course of criminal conduct must involve the same transaction, same victim, same harm and same criminal intent. It is very important that you contact an attorney to discuss your case.

Inattentive driving and insurance

Unfortunately, you are not going to be able provide your insurance company with proof that the moving violation was reduced without notifying them of the inattentive driving infraction. The court signed an order reducting the moving violation to the inattentive driving infraction. You will need to obtain a copy of that order from the court to provide to your insurance company. The order will show the inattentive driving infraction. You may want to contact a local attorney and see if the...

Car theft/ civil case? Ive been trying to locate a lawyer but dont know where to start?

If you haven't had any success with the police, you may want to consider talking to an attorney about your case.

I didn't know I had a stolen camera until I tried to sell it

First, chances are you won't get your money back. Second, it doesn't sound like you will be charged with Trafficking in Stolen Property because you didn't know nor should you have know that the camera was stolen property. The charge of Trafficking in Stolen Property requires that you knew or should have know the property was stolen. Since you bought it on craigslist and didn't know anything about the seller or the camera, you are probably safe.

Probation violation

If you tested positive for alcohol, your treatment provider is obligated to send notification of the test result to the court. As to when the court will contact you, that is anyone's guess. Your treatment provider will not know and will not tell you. The court will send a probation violation letter to your address advising you of the alleged violation and ordering you to appear in court for a probation violation hearing. If this is your first probation violation and you have minimal criminal...

I was called by someone today saying they are with DEA and they have intercepted a package of prescription pills

You made the right decision in not talking to the DEA agent about the case. Make sure that you don't have any further contact with the agent before you speak to your attorney. Many DEA agents use their cell phone numbers to contact suspects and when you called him back it was probably on his cell phone. If you want to follow up on finding out about the court date, you can contact the United States District Court Clerk's Office to see if you have an upcoming court date.

Do we need to hire an attorney or use the Public Defender

As a matter of course, I always suggest that you at least consult with a private attorney. Most private attorneys offer free initial consultations. However, you could use a public defender and see if the lawyer can negotiate a better deal then a 24-mos Diversion. It is usually sound practice to not accept the prosecutor's first offer. In my jurisdiction, I would anticipate resolving a case like your son's with a 12-month Diversion program. It depends on whether your son has any prior criminal...

How can we fight a wrongful conviction on a 3 strikes case

There are two options: direct appeal and post-conviction relief. A defendant has a right to appeal a conviction but must file the appeal the conviction within 30 days of sentence. Failure to file the appeal within 30 days of sentence waives the right to appeal in most cases. If your friend failed to file a timely appeal his only option is to seek post-conviction relief. A petition for post-conviction relief is very difficult to win. There must be a strong demonstration that there is newly...

I am being accused of malicious mischief 3

Plead not guilty. If you do not have the money to hire an attorney then apply for a public defender. The public defender will represent you and will be able to fight your case. Malicious Mischief in the Third Degree is a gross misdemeanor and carries a maximum sentence of 365 days in jail and a $5,000 fine. However, if you have no criminal history, you should be able to resolve the case with a negotiated settlement whereby you would not have to do any jail time. In many property crime cases,...