Skip to main content
Michael P Sheehy
Avvo
Pro

Michael Sheehy’s Answers

8 total

  • On a 3rd degree child molestation conviction, what is the procedure for ending police registration?

    The 10 year registration period is almost complete with no infractions. Also, how can the conviction be expunged? What is the approximate cost for each?

    Michael’s Answer

    Child Molestation in the Third Degree is a Class C felony if this is a Washington State conviction. You must spend ten consecutive years in the community without being convicted of a disqualifying offense before the duty to register is over. You can request the Sheriff's Office to remove you from the registry at the end of this time period. If necessary, you can Petition the Court to be relieved of the duty to register. I would recommend contacting a skilled attorney before filing the Petition.

    See question 
  • I was told when i got charged with a class c non violent felony i can get my gun rights back how do i do that?

    i was told i am able to get my voting and gun rights after i got charged i have my voting rights and want to know how i am able to get my gun rights back

    Michael’s Answer

    Generally, a person may Petition the court to restore his firearm rights after they have lived in the community for five crime-free years at the time relief is requested. You cannot have any pending charges and there can be no other felony convictions prohibiting you from possessing a firearm which have not yet "washed." Additionally, you cannot have any Protection Orders filed against you which prohibit the possession of a firearm. It's also very important to understand the Federal Government may NOT recognize a Washington State order restoring your right to possess a gun. I would recommend contacting an attorney to discuss your options.

    See question 
  • Can I still get a DUI charge when under legal limit?

    If I've blown below the legal limit and still get charged with DUI, isn't it just the cop's word against mine? How can they prove I was DUI?

    Michael’s Answer

    Yes, it is your word against the police officer's word. You have a good case if your breath test was under the legal limit, but you can still be prosecuted for DUI. Most people do not understand that you can be prosecuted even if your breath test is under the legal limit. The State must prove that your ability to drive was affected to any apprecialbe degree. The evidence will consist primarily of the officer’s observations. He will testify about your driving, your performance on the field sobriety tests, and your general appearance. Jurors give instant credibility to a police officer's testimony even though the Judge instructs them not to. You need to hire an experienced DUI attorney that can skillfully cross examine the police officer.

    See question 
  • Old DUI warrants

    If I have outstanding arrest warrants for DUI from 10+ years ago, can the cops still come after me for them?

    Michael’s Answer

    Yes, a police officer can make an arrest if you have an active warrant. The statute of limitations is tolled while your case is in warrant status. Generally, the police will not actively search for a person that has a DUI warrant. However, you will be arrested if you have incidental contact with a Washington state police officer. You should hire an attorney and set a hearing to quash the warrant.

    See question 
  • DUI summons

    What happens if I don't show up in after being getting a DUI summons?

    Michael’s Answer

    The Judge will issue a warrant for your arrest on the day that you fail to appear for the hearing. The warrant will remain outstanding until you are arrested by a law enforcement officer or you set a hearing to quash the warrant. Generally, the police will not actively search for a person that has a DUI warrant but you will likely be arrested if you have any contact with a Washington state police officer. You should attend all court dates and contact an attorney to discuss your case.

    See question 
  • Sue the bar

    Can I sue the bar or the bartender for serving me too many drinks and letting me drive home?

    Michael’s Answer

    In Washington, a bar or bartender has a duty of care toward the patrons it serves. A drinking establishment can be liable for damages if they serve an obviously intoxicated customer who subsequently injures himself. A person or company that is in the business of selling alcohol can be held liable for injuries caused by the intoxicated patron–adults or minors. This is one reason that bartenders will stop serving customers who are visibly drunk. But, these statutes do not generally apply to social hosts who serve alcohol out of kindness or hospitality.

    See question 
  • DUI on a military base

    Can an MP really cite me - a civilian - for DUI while driving on Ft. Lewis?

    Michael’s Answer

    Military bases are very strict about driving under the influence cases. As you well know, you are required to show your identification to a Security Force member before you enter any military installation, including Fort Lewis. They will investigate you for DUI if they smell the odor of alcohol on your breath and suspect you are operating a motor vehicle under the influence. They can cite you for a DUI or even call the local authorities to process your case.

    A civilian who violates a law on a military installation is not subject to the Uniform Code of Military Justice. A military judge does not have jurisdiction to hear a case involving criminal conduct by a civilian. However, the federal magistrate program provides the primary means of enforcing laws against a civilian who violates a law on a military base. The availability of the program depends on the location and jurisdiction of the base, the type and locale of the offense, and the status of the offender. Generally, criminal actions committed by civilians on military installations with federal jurisdiction may have their case handled in federal court, including the Federal Magistrate Court. A civilian driving under the influence of alcohol at Fort Lewis can be prosecuted at the Federal Courthouse. Federal prosecution is a serious matter and requires immediate attention.

    See question 
  • Jail time for third DUI

    I got my third DUI in two years and this time my 5 month old daughter was in the back. Am I likely to have to go to jail?

    Michael’s Answer

    The State of Washington has mandatory minimum sentences for DUI convictions. The sentence will depend on whether the alcohol concentration was over or under a .15. The mandatory minimum sentence for a third DUI within seven years is 90 days of confinement and 120 days of electronic home monitoring if the breath test was under a .15. If you refused the breath test or it was over a .15 than you will serve a minimum of 120 days of confinement and 150 days of electronic home monitoring. The Judge may exceed the mandatory minimum sentence and impose the maximum sentence of 365 days for driving under the influence. The fact that a child was in the car will cause great concern for a Judge and make him less likely to impose the mandatory minimum sentence. Additionally, the court will extend the ignition interlock requirement since a child was in the vehicle. However, if you are serious about seeking treatment, you can avoid jail by petitioning the court for a deferred prosecution. You will be required to successfully complete a two year state certified alcohol treatment program and will be monitored by a probation officer. In the alternative, some breath tests are inadmissible for various evidentiary reasons, and the Prosecutor may reduce your DUI charge and jail time depending on the evidence. These are serious charges and you need to immediately seek the assistance of an attorney to discuss your options.

    See question