Is it extortion? or illegal?: My friend was assaulted and had his jaw broken, they eventually found the kind and he turned himself in because he knew he had a warrant for his arrest. My friends medical bills are 60k+ and he wants those paid for by the assaulter. However he is thinking he would ask for more money on top of the medical bells to cushion his pockets in return for not pressing charges. Is asking for more money illegal?
Kris's answer: Extortion is illegal, see: RCW 9A.56.110, Extortion — Definition. "Extortion" means knowingly to obtain or attempt to obtain by threat property or services of the owner, and specifically includes sexual favors. This law is rarely enforced. And, the main question (defense to the crime of extortion) is whether "asking" for more money on top of the medical bills in exchange for not pressing charges is a "threat" under this law. However, because it's illegal to do so, any agreement you enter into is not enforceable. Rarely does an assaulter actually pay high costs in advance of prosecution anyway, so your friend may be wasting their time. JensenLegal.com (206) 617-9173
Do I need to restore my right to posses a firearm after vacating my felony record?: I am in the process of vacating my felony record in the state of Washington. I was convicted of Mal misch 2 as a Class C felony. I was wondering if I needed to have my right to own a firearm restored after vacating my record and also if I could be eligible for a concealed carry permit after the vacation of my record is complete.
Kris's answer: Yes you do. When I vacate a record for a client I also petition to restore firearm rights. This will clear the way to getting a CPL. It's just a couple more forms included with the vacate paperwork. JensenLegal.com (206) 617-9173
How Much Of Someone's Past Can Be Admitted?: If someone goes on trial for simple assault and disorderly conduct, how much of their past is relevant and be admitted into the case? Does there have to be prior arrests, or is just having a few neighbors lets say, testify to the past and perhaps unprovable behavior is enough to prove a pattern?
Kris's answer: In order for (your) prior behavior to be admissible, the allegations must prove a pattern of conduct which is now present in your case. That's generally the standard as I understand your question. It is not likely that prosecutors will be able to prove such a pattern with lay witnesses such as neighbors, but it is possible. A lawyer skilled in courtroom practices and with knowledge of the Rules of Evidence should handle this question, there are not enough facts presented here to give solid advice. JensenLegal.com (206) 617-9173