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Jeffrey Patrick MacNichols

Jeffrey MacNichols’s Answers

13 total


  • Why do I get banned from one store and then the whole shopping center is that and what do I do can I still go there?

    Jeffrey’s Answer

    Because Walmart and the mall are private property, a person can be banned or trespassed from those premises if the owner of the property so desires. Typically, the ban is not forever--usually a year.

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  • Can I leave Washington state while on unsupervised probation for a misdemeanor?

    Jeffrey’s Answer

    If your probation is "unsupervised," there is no restriction on your travel.

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  • If I have a warrant out of Pierce County Drug Court is it possible to run it into King County Drug Court?

    Jeffrey’s Answer

    It is possible but extremely difficult. In order to do this, you would need to get the prosecutors offices from both counties to agree to do this. I have done it for a client in the past because the client resided in King County (and wanted the case transferred there).

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  • Can I go into DA’s office on my own and sign off on a plea agreement without my lawyer?

    Jeffrey’s Answer

    A person accussed of a crime should never interact with the prosecutor without their attorney present. Moreover, ethics rules prevent the prosecutor from interacting with a represented person if their lawyer is not present. If you lawyer is not responsive to you, it is better to address this issue with the lawyer or with the judge in open court.

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  • In the police station do they have cameras typically to challenge an observation period?

    Jeffrey’s Answer

    Every police station has a different policy regarding cameras. Some have cameras for observation only, and do not record. Others have cameras that record, and some have no cameras at all. In order to be sure, I would recommend that you file a public disclosure request for any audio/video evidence pertaining to your case from the police department where your breath test was taken. Every police department has a public disclosure request process (usually a form on their website) and they must respond.

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  • If I have already been charged with a DWLS is there anyway to get the tickets reduced?

    Jeffrey’s Answer

    Many courts offer a way to reduce your tickets via community service or work crew. That being said, several courts simply want their money. I would recommend that you call the courts to inquire as to their policy.

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  • On unsupervised probation for 6 months, but got a speeding ticket. Is this a violation to my probation?

    Jeffrey’s Answer

    No, as long as it's only a speeding ticket and not any type of criminal charge such as DWLS

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  • Will old negligent driving plea prevent a continuance of dismissal for a public urination charge?

    Jeffrey’s Answer

    Your prior Neg 1 will not automatically prevent you from any disposition. However, the prosecutor may not want to offer you such a deal because of your prior. Moreover, a "continuance of dismissal" is not a known disposition under Washington Court Rules. Rather, an "SOC" may be what you are looking for.

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  • How strict is prosecution on offering a plea deal on 2nd DUI?

    Jeffrey’s Answer

    Typically, a prosecutor will be unwilling to offer a plea deal to a lower charge on a second DUI unless there are clear issues with the breath test or other significant evidence in the case.

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  • Can I record a private conversation and post it on YouTube without a chance of being convicted of defamation?

    Jeffrey’s Answer

    You have two issues here. First, under Washington law, you cannot record a private conversations without the consent of the other person. Second, defamation means that you publish information about another person that is materially false and damaging.

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