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Howard Stanton Stein

Howard Stein’s Answers

31 total

  • Motions Hearing Pretrial, whats actually required.

    Setting up a motions hearing before my pretrial. Is there any requirements for it? I don't have paperwork- yet. working on completing my paperwork. I do intend to orally argue aswell and have it planned out. Is that really all that's needed fo...

    Howard’s Answer

    Every court has a different expectation of what the parties will do before and at the pretrial. Also there different types of pretrial hearings and conferences. Some are just to check on the case and see how it is going to proceed and others require pleadings to be filed. some pretrial hearings include testimony and evidence being taken as well.

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  • Can they come in if the door was opened prior to the arrival of law enforcement? Battleground wa.

    A search warrant was issued and served to my residence and the address was wrong multiple times throughout paperwork is it still a valid search?

    Howard’s Answer

    Because a search warrant must specify the place to be searched, an incorrect address may well be a fatal flaw in the search process. It is hard to address the issue of leaving a door open before the police arrive to search a property. There are circumstances that might allow the officers to enter and others that would not.
    Best of luck and
    Do get an attorney

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  • How much trouble will I get in? How do I go about an informal adjustment or any other way of this not going on my record?

    I'm 17 years old and was caught shoplifting alcholol from safeway. I'm a running start student (A student who goes to community college and earns both college and highschool credits.) I was caught shoplifting earlier this month with shoplifting bu...

    Howard’s Answer

    I think you have two potential charges. Theft and Minor in Possession of Alcohol. Each is a misdemeanor. Because you are 17 you are likely to be charged in Juvenile Court. If you are going to be 18 soon, the prosecutor could wait a couple of months and charge in adult court after your turn 18. If not, then you may have a number of options in Juvenile Court including Diversion, which is an opportunity these charges off your adult criminal history. I don't know what an "informal adjustment" is. Some jurisdictions have Student Court, but only for very minor offenses and infractions. On the theft charge you may be able to get that dismissed on a civil compromise. You do need an attorney, You are probably eligible for a public defender. Here in King county the Juvenile Court public defenders are pretty darn good. I don't know about where you are. Finally, my experience tells me that shoplifting is often a sign or a symptom of other issues. I really encourage you to seek out a counselor to talk about this behavior and help you improve your life. It sounds like you are smart and hard working. Sometimes stress or other issues cause us to act out in ways that are not good. Counseling is a great way to improve yourself and your life. It is also likely to help you when you have to deal with these charges.

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  • If I received a DUI in 2013 in CA but moved to NC and will be getting my license here, will they still require an interlock sys?

    I received a DUi in March 2013 in CA. I blew higher than a 1.5. The judge transferred my classes to NC when I moved and am completing them in order to get my license soon. I have not had a license since my court hearing July 2013. Will NC DMV s...

    Howard’s Answer

    With DUI criminal conviction there is an interstate compact that every state has enacted. It requires that your new home state recognize and enforce the conditions imposed by your former home state. If California is requiring you to obtain an ignition interlock to become licensed, then North Carolina will require you to abide by the California requirements before you can get a driver's license.

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  • If I go to treatment for a DUI and my levels of THC in my urine are going down, will the court count these tests as fails?

    I was given a level III (high risk) for my first DUI. I have to do 75 hours of treatment and 6 random drug tests. The judge said the treatment provider will give me the drug tests. I was smoking a lot of marijuana. If I went to treatment and came ...

    Howard’s Answer

    Drug tests for marijuana use often report the presence of THC Carboxy. This is called a metabolite of THC. In other words, it is what is left after the active THC has been processed by your body. While it would indicate that there has been THC use in the past, it is sometimes hard to know whether that use was recent or not. You need to consult with an attorney who understands the biochemistry of THC and drug testing.

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  • Can I appeal an ignition interlock violation in WA?

    I was driving on the freeway with my window down cause it was really hot inside my car and the noise on the freeway prevented me from hearing my cue to provide a sample on my ignition interlock device. When I realized this it was too late; the dev...

    Howard’s Answer

    • Selected as best answer

    There should be an internal process for review by the interlock provider. If they do not give you a review or they intend to report the violation to the DOL, court or probation, then you can seek a Temporary Restraining Order from the superior court to prevent them form reporting until a judge has heard the case.

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  • I was in a car accident where the other driver had no insurance. Can I sue for remaining hospital bills ?

    My hospital bills were more then the coverage I have in insurance.

    Howard’s Answer

    Do review your insurance coverage. You should have a declaration page that tells you whether you
    have uninsured motorist protection ("UM" or "UIM" are common abbreviations for this). If so, your insurer is obligated to pay your damages under that contract provision once you file a claim and give them proof of damages. Your insurance company then gets the exclusive right to go after the other driver for the money they have paid to you.

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  • I need to get a misdemeanor expungement in washington seattle how to do that.

    traffic violation

    Howard’s Answer

    The King County District Court has published an excellent guide to the vacation and removal of conviction and non-conviction criminal data. It applies throughout the State of Washington. Please be aware that it does not address federal records, nor will it address the reinstatement of the right to bear arms. An attorney who has experience with these issues will be very helpful Here is the url:
    http://www.courts.wa.gov/newsinfo/content/GuideToCrimHistoryRecords.pdf

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  • I blew a .085 on the field sobriety test and got taken into the police station but passed the breath test at the station

    they took 2 breath tests at the station and said that both had to be above .08 for me to get a DUI. Since one was below .08 they let me go. How do I deal with this? Do i need a lawyer even though my license isn't suspended and will it show on my r...

    Howard’s Answer

    Depending on what the officer says about your driving, your Physical
    Field Sobriety Tests and your appearance you may be charged with
    DUI or Negligent Driving in the First Degree. Negligent Driving in the
    In the First Degree is much less serious and does not have any manatory
    jail or loss of license.
    If you were not issued a citation at the time of your arrest make sure that the address on your driver's license is up to date. You are likely to recieve a Summons Or Notice to appear in the mail. An attorney may be able to contact the prosecutor and find out what is going on. The attorney may also be able to encourage the prosecutor to file the Negligent Driving charge or to not file any charge at all.

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  • My license was revoked for my 3rd dui for seven years am i eligable for the relicensing program?

    i have three dui's on my record have been in no criminal trouble in two years my license was revoked for seven am i eligible for relicensing

    Howard’s Answer

    There are actually at least two things that will be preventing you from getting licensed. Mr. Barr has addressed the HTO and how you can obtain a stay of that revocation. You are also suspended. because of your DUI conviction. However you may be eligible to obtain an Ignition Interlock License (IIL). You would need to pay the application fee, install the IIL in the vehicle you will be driving and obtain proof of High Risk Insurance.

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