Stephen Thomas Graham's Answers

Stephen Thomas Graham
Spokane Criminal Defense Attorney.
Contributor Level 8

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Attorney answers:

  1. Stephen Thomas Graham
  2. Stasy D Click

How do i file a restraining order in WA state, what are the procedures and requirements to get a restraining order

Asked by a user in Arlington, WA - almost 4 years ago.

Go to the Room C-125 of the Snohomish County Courthouse, and they can help you there. They will help you on how to properly complete the forms there. The type of order that you should request is an "Anti-Harrassment Order". The courthouse is 3000 Rockefeller Ave, Everett.

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Attorney answers:

  1. Stephen Thomas Graham

Is there anyway to annul 2nd deg burg or to get a smaller sentence, or reduce to trespassing? Never had any legal issue before.

Asked by a user in Vancouver, WA - about 3 years ago.

Under Washington's burglary statute, the prosecutor does not have to prove that you forced your way in or that you bypassed a locked door etc. Just that you went in there without permission of the owner. There is no automatic way to get a charge reduced. You lawyer will have to look at the reports, and see if the prosecutor is willing to consider a reduction. Often times they are not receptive to reducing the charges, and you may need to go to trial if that is your wish. Under Washington...

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Attorney answers:

  1. Stephen Thomas Graham
  2. Nicholas William Juhl

What is the penalty for a second offense for 3rd degree theft in washington state? The first onehappened 5 years ago.

Asked by a user in Olympia, WA - over 3 years ago.

Theft Third Degree is a gross misdemeanor and is punishable by 0-365 days in jail and up to a 5,000 dollar fine. First time offenders often simply receive probation; some second-time offenders receive probation, but a judge may look to a stiffer sentence, depending on the circumstances.

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  1. Stephen Thomas Graham

My boyfriend and his sister got into a heated argument and he was taken to jail. Do I wait for a phone call? Do I go down there?

Asked by a user in Kennewick, WA - over 2 years ago.

It sounds like he was arrested for breaking the sunglasses, which would be Malicious Mischief. Because the two were related, it may be charged as a domestic violence incident even though no assault occurred. I would recommend calling the jail to see when visitation hours would be. I would not discuss the case with him while he is in custody. You mentioned that the victim was not pressing charges. In Washington, the prosecutor and police can go forward with a prosecutor even if the victim...

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Attorney answers:

  1. Stephen Thomas Graham

What does my juevile son need to do to get a second degree theft charge lowered?

Asked by a user in Goldendale, WA - over 2 years ago.

The best advice would be for your son to listen closely to any attorney who is currently on the case because they know the file the best. As you know the difference between felony Theft 2nd Degree and the lower level is the fair market value of the item in question. Usually when a juvenile is convicted he will be ordered as part of probation to have a curfew and do community service hours. The court does not typically order the probationer not to have contact with other students unrelated to...

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Attorney answers:

  1. Stephen Thomas Graham

Is my ticket worth contesting?

Asked by a user in Goldendale, WA - over 2 years ago.

You can contest the ticket, although this is a challenge to do without an attorney. Not signing the ticket would not be a defense. You may decide to "defer" the ticket. A deferral is when the ticket is continued for one year, and if you don't get any more tickets it will be dismissed. It cost around $150. It doesn't look like Klickitat County has info on this on their website, so you should probably call them. For more info on the deferral process check out the below site for an example...

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Attorney answers:

  1. Stephen Thomas Graham

Is it a felony to record a therapist without them knowing?

Asked by a user in Spokane, WA - about 3 years ago.

If a patient records a therapy session without the therapists knowledge or agreement in the State of Washington, that could be charged as a felony under RCW 9.73.030. See http://apps.leg.wa.gov/RCW/default.aspx?cite=9.73.030.

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Attorney answers:

  1. Stephen Thomas Graham

Theft 3rd degree, failed to comply with the comprimise givin

Asked by a user in Lakewood, WA - over 3 years ago.

If you do not pay the financial settlement, it appears that you are really at the mercy of the judge. When you have financial obligations to a court and are unable to pay the full amount, it is always a good idea to pay at least something rather than nothing at all. Having made a few payments for $5 is way better than $0. Although you may view the suspended driving charges as having been resolved in your favor, such charges could still convince the judge and prosecutor that you do not...

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Attorney answers:

  1. Stephen Thomas Graham

How much time is my BF looking at for theft of a motor vehicle in vancouver washington while on misdemeanor probation in oregon?

Asked by a user in Vancouver, WA - over 3 years ago.

If he is convicted of Taking Motor Vehicle 1st Degree under RCW 9A.56.070, he would face a standard range of 6 to 12 months. But if he is convicted of only Taking Motor Vehicle 2nd Degree, he would face a standard range of 0-2 months. Prior misdemeanor convictions do not increase the standard range, only felonies. A judge may look at the prior misdemeanors in deciding whether to sentence the defendant to the top of the range or the bottom. In addition to any sentence in Washington, he could...

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Attorney answers:

  1. Stephen Thomas Graham

I killed someone

Asked by a user in Chicago, IL - over 2 years ago.

Call a local attorney. Exercise your right to remain silent. Since it is the weekend, look through the yellow pages and some attorneys have numbers for after hours.