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David Hammerstad

David Hammerstad’s Answers

7 total

  • I rec'd some benign info about my daughters and have a no contact order with them and ex wife. Is this a violation?

    In a phone conversation my sister-in-law was told some information by my ex-wife and by my kids that she then happened to passed on to me. (They no longer have a dog, my daughter likes English at school. My ex's mother finally passed away etc....

    David’s Answer

    Doubtful. If she were relaying messages from you to your ex-wife that would likely be a different story, but you receiving information regarding your ex-wife from a third party would not violate any no-contact order I have seen. That said, the specific language of the no-contact order is what counts.

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  • Expungement of Indecent exposure charge and conviction, Seattle Washington.

    Almost ten years ago I was arrested and convicted of indecent exposure. I am trying to get my record expunged or at the very least sealed. I cannot find any information on whether my charge falls inside their exemptions of 9.68 RCW. I am ...

    David’s Answer

    RCW 9.96.060 is the statute that covers vacating misdemeanor convictions. Assuming this was a misdemeanor (indecent exposure is only a felony if you've been convicted of it before) you should be able to get it vacated as long as it's been three years or more since you completed all terms of your sentence (including probation and any fines or court fees). The indecent exposure statute, 9A.88, is not one of the exceptions that would keep you from getting your conviction vacated. If you get the conviction vacated you can truthfully answer on any job application that you haven't been convicted of a crime. However, it is not a guarantee the information will be scrubbed from any databases that have previously held such information. Consult with an attorney to explore your options.

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  • Rescinding a no contact order.

    Police got everything wrong. Wife is pregnant. Wife takes anti-psychotics. Stopped taking meds because it might hurt baby. Wife has psychotic episode. I call police for my protection. But wife gets bloody noses when her blood pressure goes up. I g...

    David’s Answer

    I would retain counsel as soon as possible or contact your public defender to get a hearing scheduled to modify the no-contact order. Although you may not contact your wife while the no-contact order is in place, your attorney can contact her, verify the information you have given is correct, and direct your wife to the victim advocate in the prosecutor's office to help speed along the scheduling of the hearing and advocate for the removal of the protection order. Documentation will be important to persuading a court to rescind the no contact order.

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  • I was recently arrested with drug charges. Possession of oxycodone, and vicodin, what are my chances/what should i do from here

    previous dui conviction, but no other criminal history.

    David’s Answer

    It will depend on variables you will have to discuss further with an attorney. Often these types of cases are filed in the district court "expedited" calendar, in which the prosecution will offer a disposition to a misdemeanor or threaten felony prosecution. Other times it can be filed directly into Superior Court as a felony. An attorney can help develop your personal story and put the best possible spin on your situation in order to get the best result, in addition to identifying any possible motions you might have to suppress evidence. Plead not guilty at arraignment and retain counsel or ask to be screened for appointed counsel.

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  • Did a new law past in seattle first to call? On a domestic case.

    There was incident where i called the police and reported my girlfriend hit me and child. I called the police first but she reported and stated i hit her also i was the one who went to jail. So Is it true about the 1st to call ? And if so how co...

    David’s Answer

    There is no hard-and-fast rule that the first to call the police will be considered the victim in a domestic violence situation. There are "mandatory arrest" policies that dictate that the police arrest someone on the spot if they have "probable cause" to arrest. In practice this means that the police will often arrest based on the account of the first person they interview at the scene, or, if there are two parties at the scene accusing each other, the one the police deem to be more credible. In practice, the police will often arrest the male party in this scenario as it is the common presumption in law enforcement that females are more often victims of domestic violence.
    The police will often jump to erroneous conclusions before they have all the relevant information and arrest the wrong party. I recommend you get an attorney as soon as practicable to help you sort this out.

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  • I need to file for a new court appointed attorney, my attorney is no way prepared

    my attorney is not prepared , we were in court and she was getting badgered by the prosecutor , and she started to cry in court , he threaten her with the bar . she hasn't file motions in a timely matter , kept me up to date or answered calls...

    David’s Answer

    The first step whenever you have a conflict with your attorney is to be assertive about your needs and expectations and communicate with your attorney about your unhappiness. It may be that your lawyer has not been as attentive as you wish because of other demands on his or her time which have been taking his or her attention from your case. The squeaky wheel gets the grease, so make sure your lawyer knows that you need more attention. If you don't feel the situation can be resolved by communication the next step is to ask your lawyer to arrange a hearing for you to request new counsel. Most judges are hesitant to appoint new counsel without a particularly compelling reason, but if you feel strongly that this is your only option many judges can be persuaded, particularly if your attorney agrees that you have reached an impasse in your relationship. Bear in mind that appointing new counsel will inevitably result in a delay in your case, and your new attorney may have the same caseload demands as your previous attorney, so it is a decision which should be carefully weighed. If you have the funds to retain an attorney, you may do so at any time, though if your case is already set for trial a judge will likely expect a newly retained attorney to get up to speed quickly.

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  • In the state of Washington, can you accept a plea bargain and plead no contest aka Alfred plea on a Felony Harassment DV case ?

    I have a friend who has been in jail now 35 days, being accused with a felony telephone harassment DV charge (threats to kill). He also has two prior DV cases with the same person. He has an ombinous hearing this week. He already plead not guilty ...

    David’s Answer

    I can't answer whether it is a good idea to take the plea without knowning a lot more information about the case. Specifically re: the idea of an Alford plea--Alford pleas are increasingly rare in King County Superior Court (if that's where your friend is) and are especially rare in DV cases as the prosecutor is keen for the defendant to accept responsibility and admit the crime. If your friend did not commit the crime and just wants to plead Alford to get his case resolved, he may be setting himself up for problems with the DV treatment that is likely to be imposed, i.e. he is unlikely to successfully complete treatment if he continues to deny guilt.

    One more thing to keep in mind about an Alford plea--to take it your friend will have to agree that, for the purposes of the plea, the statement of facts in the Certification for Determination of Probable Cause are the true facts of the case. This document is nearly always slanted to make things look as bad as possible and will likely contain facts that are worse than what really happened.

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