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Mark C Blair
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Mark Blair’s Answers

582 total


  • Where can I find a sample appeal form to submit to the Superior Court in the State of Washington - myself v. D.O.L.

    Had a DUI in 2010, resolved the matter very soon after - 6 years later (3 weeks back), I receive a letter from D.O.L. of WA stating they audited my driving record and are requiring me to install IID, as they say it should have been installed in 20...

    Mark’s Answer

    Why not retain counsel to handle the matter on your behalf?

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  • How can I take action against my landlord for disclosing private information about my plans to relocate due to domestic violence

    I am in a domestic violence relationship. I have a protection order however I keep allowing him to be in contact with me. Through the YWCA alive shelter and HUD housing a plan has been devised to move me to another city far away. My landlord came ...

    Mark’s Answer

    This is not a domestic violence or criminal defense question. It is a landlord tenant issue. Please post in the practice area.

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  • L1 Visa in case of a withdrawn summary offense

    Hi, My friend was charged with Retail Theft. She never got arrested, fingerprinted and charges were withdrawn in first hearing. There was no social security number or other ID proof on the case sheet. She is back in India and Now his emplo...

    Mark’s Answer

    Aside from the immigration issue, you should be aware that there is no "expungement" option available in the circumstances that you describe. On the State level, expungement refers to deletion of "non-conviction data from criminal justice agency files" and does not apply to court records relating to a criminal charge. On the Federal level, expungement of criminal history or arrest records does not exist. Meaning, if your friend was arrested and finger printed, that information may have been sent to he FBI and may be discovered in a background check performed for immigration purposes.

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  • Is pretrial diversion agreement offered for first time offenders in patronizing prostitute case in Seattle,WA?

    I was arrested in patronizing a prostitute sting operation in Seattle and was released on PR. They said expect court summons in mail in 2 weeks. I just happen to drive by a SPA and walked in for an appointment and the person read a menu of service...

    Mark’s Answer

    I have had many such cases in the past year and can say with confidence that the City of Seattle Prosecutor's Office does not offer pre-trial diversions on such cases. Therefore, your best course of action would be to retain an experienced criminal defense attorney to assist you in mounting a defense to the charge.

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  • Am I able to file a restraining order on a family member of the ex parte?

    I have a finalized relocating case in which our son resides with myself, the mother. On the other hand, I am frequently being harassed by phone calls and text messages by his grandmother whom is the father's mother. Not only does she verbally hara...

    Mark’s Answer

    You may seek an anti-harassment order under authority of RCW 10.14.040. In order the court to grant a petition for such an order, you would have to establish that your grandmother-in-law was harassing you. "Unlawful harassment" means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, harasses, or is detrimental to such person, and which serves no legitimate or lawful purpose. The course of conduct shall be such as would cause a reasonable person to suffer substantial emotional distress, and shall actually cause substantial emotional distress to the petitioner, or, when the course of conduct would cause a reasonable parent to fear for the well-being of their child. As this matter involves parties that are family members, you might also seek a domestic violence protection order under authority of RCW 26.50.070. Information on how to go about this is available from your local district court.

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  • What kind of penalty can get be lookin at

    I have a question my guy just was sentenced for a misdemeanor harassment plead down from felony harassment and DV 4 plus few weeks before also had couple dv4 against 2 other victims and malicious mischief if he is in contact with 2 of the DV victi...

    Mark’s Answer

    The maximum penalty for misdemeanor DV harassment or assault is 364 days in jail and/or a $5,000 fine. Defendant's with a prior history or other pending, similar charges can expect to receive a greater penalty than a defendant with no prior history or other pending charges of a similar nature. In addition to jail time, your guy would lose his right to possess a firearm and would likely be required to complete a domestic violence treatment program or victim impact panel and be on active probation. As to the exact punishment your guy can expect, only his attorney can say for sure, as that person is the only one who has access to all the information necessary to offer an informed opinion in that regard.

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  • What will be the worst thing to happen?

    July 2 2016 I was driving down the highway (101 going south to Oregon) following my cousin (for about an hour) and the rest of my family as we conveyed to my aunts house. As I was driving a state patrol cruiser passed by me and pointed down but ke...

    Mark’s Answer

    While it is not entirely clear, I think that you are asking why your boyfriend was arrested for obstruction and what you should do about the situation. I would suggest that you contact a criminal defense attorney who practices in the region where this event took place (Oregon or Washington?) for a free, initial consultation.

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  • Can a person be arrested for alleged petty larceny if their vehicle is recorded leaving the scene?

    An individual allegedly stole property from a grocery store. The person was never followed or apprehended by any store employee. No store employee saw the thief. The store, so far has no knowledge of the theft. If at some point the store does ...

    Mark’s Answer

    If a store employee observes a store customer take groceries (viewing a surveillance video) from the store with out paying, and knows the identity of the person who took the groceries, then it is certainly possible that the person wold be charged with the crime of theft. However, you have not given enough information to provide an adequate response.

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  • Does the WA State definition of extortion apply to my situation below?

    In Setion RCW 9A.56.130 of WA State Code, extortion is defined as: A person is guilty of extortion in the second degree if he or she commits extortion by means of a wrongful threat as defined in *RCW 9A.04.110(25) (d) through (j). Subsection...

    Mark’s Answer

    I do not see a legal basis for criminal prosecution. Issues regarding child custody and visitation rights of a parent are determined in family law court. If you wish to protect your right to see your children, and thus put a stop to her threats, you might consider filing a motion in family court.

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