Skip to main content
Zachary Charles Wagnild
Avvo
Pro

Zachary Wagnild’s Answers

108 total


  • Fiance went to Jail last night. Can I get him out?

    My fiancé went to jail last night, which was a friday night. I know he won't see a judge until Monday but is there a way we can get him out before then? Thanks.

    Zachary’s Answer

    If it's for a DV offense, probably not. Usually individuals who are arrested on allegations of domestic violence are held without bail until their first appearance in court when bail is set by the judge.

    See question 
  • When can my fiance deregister as a level one sex offender?

    Convicted in 2010; rape of a child in the 3rd degree, and took an alford plea, for domestic violence in the 4th degree. He had complied with all treatment, while also going to school full time. Modified his j&s in 2013 for full rights to be in...

    Zachary’s Answer

    How long he needs to register depends on the underlying offense and whether he has any new convictions. As stated above, he should consult with an attorney who is knowledgeable about sex offenses.

    See question 
  • Is a polygraph admissible in a child abuse case in the state of washington?

    I was told polygraphs were not used in court, but my son's lawyer said they are in child abuse cases. What is right?

    Zachary’s Answer

    The answer to your question depends on the type of case that you're talking about and what the court is considering the evidence for. In a criminal case, the results of a polygraph test are not admissible in trial. However, the court may consider them for things like determining probable cause, bail, and other non-trial hearings and rulings.

    See question 
  • Police want to question me on child abuse claims from his school.

    Yesterday police came to my house, while I was at work. He was being taken cared of by two family members. The police officer asked my son questions and took a picture of his neck.l, which looks like a rug burn, possibly from having his bike helme...

    Zachary’s Answer

    You're gong to want to retain an attorney for this as there are both criminal and CPS issues.

    See question 
  • Can someone get time instead of life for a 3rd strike offense?

    My husband has two strikes already because of his drinking problem he landed himself in jail with an assault 2 charge. We just had a baby is there a chance he will ever get out? His bail is half a million dollars.

    Zachary’s Answer

    If he's convicted of a third strike, there's really no chance that he'll get out. The judge will have no choice but to sentence him to life in prison without the possibility of parole. He's going to want to work extremely hard to negotiate a resolution that's not a strike offense.

    See question 
  • What is the charge and penalty for knocking a door in if the person didn't open it and a cheating spouse was inside.

    My spouse is having an affair. I needed to know if they were having sexual contact. I went to the womans apt, they wouldn't answer the door. I knocked it in, easily. I was there less then 5 mins. I did not have a weapon, no assault took place. I w...

    Zachary’s Answer

    Depending on what you are accused of doing in the house (i.e. the other woman's version of the incident) you could be charged with either Residential Burglary (class B felony) or Criminal Trespass (gross misdemeanor).

    See question 
  • What can we do about my husbands record

    My husband was charged and convicted of a sex crime when he was 15. We have been married for 6 years and are currently living with my parents because we find it tough to find a place that will rent to him because of his juvenile record. At 18 hi...

    Zachary’s Answer

    If he's not eligible to have the record of his
    conviction vacated and sealed, he may be
    eligible to have his duty to register terminated. While that's not as good as having his conviction vacated and sealed, it will still remove him from the sex offender registry which may help with your housing search.

    See question 
  • DV case. In your opinion will I be charged?

    First of all I have a Clean Criminal History. Nothing at all on my record. I was just arrested for Assault domestic violence 2nd degree strangulation. My girlfriend attacked me first and she admitted to over reacting and calling the police when sh...

    Zachary’s Answer

    Like Mr. Earl said, it's impossible to know, based on that limited amount of information, whether or not the prosecutor will file charges. Ordinarily I would have strongly opined that a charge would be filed. They almost always are in cases involving allegations of domestic violence. However, it's interesting that the case was not filed immediately. As your attorney said, that could be because the police want to do more investigation but that's often the case and nothing about filing charges prevents the police from continuing to investigate. As Mr. Earl said, you may want to consider retaining an attorney so you are ready to fight a charge if/when one is filed.

    See question 
  • Can your juvenile convictions count in a persistent offender act case

    My son has a juvenile conviction of 1st degree burg and an adult conviction of assault 2, and has a assault 2 pending with threats of 3 strikes.

    Zachary’s Answer

    In short, no. As long as the prior(s) were adjudicated in juvenile court, they can't be counted as strike offenses. Keep in mind that it's the court( i.e. adult vs. juvenile) that's the deciding factor. Not your son's age at the time of the convictions.

    See question