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Kailey Moran

Kailey Moran’s Answers

5 total

  • My 20 yr old is charged with burglary and theft by deception. he has a juvenille record nothing major. what should he do?

    He was asked by his girlfriend's brother to pawn some items for him because he could pawn them do to his age. He pawned the items and a yr or so later he was pulled over on a traffic stop in florida and he was told that he had a warrant in the st...

    Kailey’s Answer

    Your son should either hire an attorney or apply for a public defender in Georgia. He should strongly consider having counsel present if he chooses to talk to the police about his involvement because anything he says can be used against him later. If he has been charged, he has the right to counsel, and if he cannot afford counsel, an attorney must be provided for him. He has the right to have that attorney present at any questioning by the police. In most states, a person must know that items are stolen in order to have criminal liability. A warrant can have many negative effects so he should definitely work on getting this matter resolved.

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  • Got a criminal trespassing, 2nd degree,pleaded guilty thinking I was only pleading guilty to a ticket,now in violation of probat

    Ion for deferred prosecution. There was also a liquor in park which was dismised. I thought I was just getting a ticket, like a speeding ticket and have been paying the fine. No breathalizer done. No warning given to leave park or I d be in troub...

    Kailey’s Answer

    You should contact the attorney who represented you on the deferred prosecution to see if he or she can assist you on the probation violation. It may be possible to reopen the criminal trespassing case depending on how long ago it occurred. If you pled guilty to the criminal trespassing, you may be in violation of the deferred prosecution agreement so it is very important that you seek an attorney's advice.

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  • How long would me boyfriend get for trafficking stolen property

    my boyfriend got pulled over. he had 4 warrants. 7 counts trafficking stolen property, 2 Thefts in the Third Degree, and Malicious Mischief in the third degree. how much time would he get if he was convicted of all of them ?

    Kailey’s Answer

    Sentencing in Washington State is determined by a Sentencing Guideline Manual for all felonies. The type of crime charged and prior offenses are the factors that lead to a sentencing "range" in the Guideline Manual. Third Degree Theft and Malicious Mischief Third Degree are misdemeanors. They do not have a sentencing grid and the maximum sentence is 1 year imprisonment as they are "gross misdemeanors". You don't mention in your email whether the trafficking in stolen property is in the first or second degree. If he has no prior felonies, he may be eligible for a first offender option or some other disposition. He will need to either apply for a public defender or hire counsel to assist him.

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  • This question is about being charged with attempted robbery in WA state.

    Hanks and Roberts come up with a plan for early retirement. They plan to rob an armoured car and live in Bermuda on the proceeds of the robbery. They buy guns and masks adn they plan the robbery down to the last detail. They follow the armoured c...

    Kailey’s Answer

    It is nearly impossible to ever predict what a jury would do. In terms of accomplice liability, here is the Revised Code of Washington citation 9A.08.020 in pertinent part: (3) A person is an accomplice of another person in the commission of a crime if:
    (a) With knowledge that it will promote or facilitate the commission of the crime, he or she:
    (i) Solicits, commands, encourages, or requests such other person to commit it; or
    (ii) Aids or agrees to aid such other person in planning or committing it; or
    (b) His or her conduct is expressly declared by law to establish his or her complicity.
    However, your question also implicates this section: (5) Unless otherwise provided by this title or by the law defining the crime, a person is not an accomplice in a crime committed by another person if:
    (b) He or she terminates his or her complicity prior to the commission of the crime, and either gives timely warning to the law enforcement authorities or otherwise makes a good faith effort to prevent the commission of the crime.
    The attempt statute in Washington, RCW 9A.28.020 states: (1) A person is guilty of an attempt to commit a crime if, with intent to commit a specific crime, he or she does any act which is a substantial step toward the commission of that crime. Arguably, the planning could be a substantial step. On the other hand, the crime was clearly abandoned by both parties according to your fact pattern "at the last minute change their minds". They purchased the goods to commit the crime, but there was no substantial step I would argue if I were representing Roberts. Both parties withdrew from the conspiracy to commit the robbery and there was no attempt as there was no substantial step. It is a pretty close call though.

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  • Court clerk made a mistake on dropping fellony to mistameanor and dident do it wehat can i do

    in 03 i got a cvase that was dropoed from a fellony to a misameanor which would make it so i have no fellonies i rtecewntly applyed for a job and was told i was a felon i called the court and one personb was able to see the mistake and transfered ...

    Kailey’s Answer

    If you were represented by an attorney in 2003, a good place to start would be contacting that attorney. Whether you were represented by a public defender or a private attorney, most attorneys keep client records for several years and may be able to quickly provide you the paperwork and guidance that you need to resolve this problem. If you were not represented or do not recall who your lawyer was, you can get copies of the paperwork that the Clerk's office has which would show who represented you and would show what the official record of conviction states. If the official record is showing as a felony, you will likely either have to contact the lawyer who represented you at the time to determine why the record reflects a felony, or hire a new attorney to look into the situation.

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