Denise W Derricott's Answers

Denise W Derricott
Juvenile Law Attorney.
Contributor Level 7

1

Attorney answers:

  1. Denise W Derricott

Possible consequences for minor in possession charge received in state of Washington

Asked by a user in Montesano, WA - almost 3 years ago.

The possible consequences depend on how old you are. If you are convicted and are under 18, you will have to deal with a license suspension. If you are over 18, there is no license suspension. If you are under 18, the length of the suspension depends on how old you are and whether or not you have previously been convicted of an MIP. If you have no criminal history, though it is possible for you to get up to 365 days in jail if over 18 and 30 days in jail if under 18, it is very unlikely...

2 people marked this answer as helpful

4

Attorney answers:

  1. Josephine C Townsend
  2. Jeffrey Patrick Bassett
  3. Nicholas William Juhl
  4. Denise W Derricott

How does deferred prosecution work for DUI charge

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

I agree with both Ms. Townsend and Mr. Bassett's responses. I would just also like to note that as Mr. Bassett said, it is typically not wise to enter a deferred prosecution on a first DUI. One reason for this is that if you get convicted of a second DUI, a prior deferred prosecution COUNTS AS A PRIOR, even if successfully completed (which means that 5 years after you enter the deferred prosecution the charge will have been dismissed). Thus, if someone enters a deferred prosecution,...

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1

Attorney answers:

  1. Denise W Derricott

Will i get a driving on a suspend in the second or 3rd degree?

Asked by a user in Kenmore, WA - almost 3 years ago.

The degree of a DWLS suspension is not determined by the number of priors you have, it is determined by the reason for your suspension. If you were originally charged with a DWLS 3, it is likely that your suspension is for unpaid tickets, unpaid child support, or unpaid restitution for an accident. Your prior DWLS 3rd charge will not impact the degree of your new DWLS charge- thus, if you were suspended in the third degree before, unless the department of licensing has suspended you in the...

1 lawyer agreed with this answer

1

Attorney answers:

  1. Denise W Derricott

Criminal history on job applications?

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

There is a difference between a diversion in juvenile court and a deferral. You should check with your local juvenile court to make sure you did a diversion, not a deferral. They will also be able to tell you if you have a criminal history and/or criminal record (they are basically the same thing). If you did a diversion through a youth diversion program and have no other criminal violations, you likely do not a have criminal history.

1 person marked this answer as helpful

1

Attorney answers:

  1. Denise W Derricott

I had a plea deal to a DV 7 yrs ago in Spokane County and want to get it removed from my record. What do I need to do?

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

I have attached some helpful forms below that will give you a good starting point. Whether or not you can get your charge vacated depends upon what type of DV charge to which you pleaded guilty. For all purposes, including responding to questions on employment or housing applications, a person whose conviction has been vacated may state that he or she has never been convicted of that crime. Vacation of a conviction, however, does not affect or prevent use of the conviction in a later criminal...

2

Attorney answers:

  1. Carl A Munson JR
  2. Denise W Derricott

How do I seal a criminal record

Asked by a user in Moses Lake, WA - almost 3 years ago.

I agree with the previous answer but also wanted to include a weblink that will help you with some of the specific requirements. Click on the link below and look at the included documents that reference juvenile convictions. They will help give you a better starting point.

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Attorney answers:

  1. Denise W Derricott

WA State Thurston County Drug Court Non Complience...Help!!!!

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

If you haven't attended court, you will have a warrant out for your arrest. The only way to move past having the warrant is to be picked up or turn yourself in. When and if that happens, the Judge will likely revoke your drug court contract for non-compliance, read the police report and making a finding of guilt on that report, then sentence you on the charge. There is a chance that you could re-start drug court, but after being in non-compliance for 11 years, absent a showing of completion...

2

Attorney answers:

  1. Denise W Derricott
  2. Laura A Fine

3rd degree theft no prior criminal history

Asked by a user in Kennewick, WA - almost 3 years ago.

I agree with Ms. Fine- each court is different. I will also say that you should get the class scheduled prior to attending court and be able to tell him or her when and where you are taking the class. That way you can show the judge that you are taking steps towards complying.

2

Attorney answers:

  1. Denise W Derricott
  2. Angela Horwath

Minor Posession/consumption Criminal Trespassing in 2nd degree 17 Year old WA state

Asked by a user in Puyallup, WA - almost 3 years ago.

The best advice is to talk to a lawyer who can review the facts of your child's case. With regards to whether or not they can prosecute, the statute of limitations for a gross misdemeanor is 2 years. The statute of limitations for a misdemeanor is 1 year. Criminal Trespass 2nd is a simple misdemeanor and MIP is a gross misdemeanor. Thus, the DPA is within the time limit to file both charges. The police report that was created on the date of the incident will include the date that law...

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Attorney answers:

  1. Denise W Derricott

I was arrested for driving with my license suspended 2nd degree for the second time. what will happen to me?

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

DWLS 2nd is a gross misdemeanor that carries a maximum punishment of up to 365 days in jail and a $5,000 fine. If you don't have your license at the time of sentencing, DWLS 2nd convictions also re-suspend your license for an additional year. Depending upon your criminal history, a conviction of DWLS 2nd might make you a habitual traffic offender, which would suspend your license for 7 years, though you would be eligible for early reinstatement after 5 years if you meet certain conditions....