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Denise Derricott’s Answers

9 total

  • Criminal history on job applications?

    Denise’s Answer

    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.

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  • 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?

    Denise’s Answer

    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 prosecution. Vacation of a conviction does not automatically restore your right to possess a firearm.

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  • How do I seal a criminal record

    Denise’s Answer

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

    Denise’s Answer

    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 of similar treatment programs and no new criminal history it is highly unlikely you would be permitted to stay in the program. You have the right to have an attorney represent you in drug court, and can ask for one when and if you turn yourself in or get picked up.

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  • 3rd degree theft no prior criminal history

    Denise’s Answer

    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.

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

    Denise’s Answer

    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 that you will actually get jail time if you haven't been in trouble before. You should talk to a local criminal defense attorney who can explain the particulars in your case and whether or not you have an defenses. You should also be careful in the future about "sleeping it off" in your car, as you can be charged with physical control in WA state, which is basically like DUI but for people who are "in control" of the car rather than driving it.

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

    Denise’s Answer

    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 enforcement is alleging this occurred. A simple misdemeanor is punishable by up to a 90 days in custody and $1,000. A gross misdemeanor is punishable by up to 365 and $5,000.

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  • How does deferred prosecution work for DUI charge

    Denise’s Answer

    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, successfully completes it and after 5 years it is dismissed, and then that person gets a new DUI within 7 years, he or she is still looking at mandatory minimum for a second DUI, which are 30 days in jail followed by 60 days of electric home monitoring or 45 days in jail followed by 90 days of electric home monitoring, depending upon the individual facts of a case. It is important to consult an attorney who can further advise you, as DUI and a deferred prosecution carry serious consequences and commitments.

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

    Denise’s Answer

    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 2nd degree, you should be charged with a new DWLS 3, not a DWLS 2nd. With regards to your old charge, each relicensing is different, so you should speak with a criminal defense attorney in your area. DWLS 3 is a simple misdemeanor and carries a maximum punishment of up to 90 days in jail and a $1,000 fine if convicted. You should contact a criminal defense attorney in your area.

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