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Jennifer Ellen Horwitz
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Jennifer Horwitz’s Answers

77 total


  • How to win a restraining order case?

    I'm a minor. I'm currently 15 years old. My ex-friend (let's call her Jessica) got molested by her father but never reported it. Out of anger I smashed 3 windows from Jessica's car thinking it was her father's car as revenge with 2 other friends. ...

    Jennifer’s Answer

    It is important that you retain counsel to represent you on this matter. An experienced attorney who handles these cases will be able to gather all relevant information from you and present that information to the Court to try to persuade the Court that an order is not needed here. Restraining (or anti-harassment) orders have an impact on peoples' lives when they are imposed. They lay the foundation for an arrest if there is a later report that you violated the order. But, also certain background checks can reveal the presence of an order and it may have an impact on how a prospective employer views you, or how a prosecutor or judge views you if you ever end up having to defend yourself against a criminal allegation. It is important to try to set the record straight at this next hearing. Many lawyers such as myself have experience representing people in these proceedings.

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  • Is it illegal to possess the local anaesthetic lidocaine that is bought from a drug dealer and not prescribed?

    Is it illegal to possess the local anaesthetic lidocaine that is bought from a drug dealer and not prescribed?

    Jennifer’s Answer

    It is illegal both to sell and to possess prescription medication unless it is obtained from a pharmacy or doctor by the person who has the prescription.

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  • Should she plead not guilt during the arraignment due to lack of intent? Will this cause issues with citizenship application?

    Thai immigrant working at a busy restaurant. She asked for a customer's ID but miscalculated the age. She served a minor beer without intention of doing so. She is summoned for arraignment for serving liquor to a minor. She is in the process o...

    Jennifer’s Answer

    It is important that this person hire an attorney who can get the best result in the criminal case and who also will pay attention to the immigration consequences of this prosecution. I have previously represented clients on charges of this nature who also have immigration concerns. This person should hire counsel who has experience with this type of case and also who will take into account the immigration consequences of a conviction of this type.

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  • Is this bad practice on the part of the lawyer?

    I was arrested and was assigned a lawyer. The lawyer kept pressuring me to plead guilty even when i insisted i was innocent. When i refused to plead guilty, the lawyer went and told the judge, without my consent, that i agreed to plead guilty. He...

    Jennifer’s Answer

    It is not good practice for a lawyer to pressure a client to plead guilty or to represent to the Court that you have agreed to plead guilty if you have not. That said, as the other lawyers who answered this question have pointed out, a judge will not accept a plea unless the judge has gone over it with you and made sure you are making the plea knowingly, intelligently and voluntarily and that it is your own choice to change your plea to guilty. This process is in place to insure that nobody pleads guilty who has not made that choice for themselves. Withdrawing a guilty plea is an uphill battle but if the recording of the hearing shows that the judge's discussion with you about the plea was insufficient or that you protested during the plea that it was not your choice and you had been pressured, you may have grounds to withdraw your guilty plea.

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  • Can they even put a no contact order even though they didn't even read him his rights when they took him to jail

    Somebody called the cops and said that my husband had a knife and what's stopping me from leaving which is not true the cops came they never found a knife on him or anywhere they took him to jail and charge him with property damage DV without r...

    Jennifer’s Answer

    As I understand it, your question is about how to get the no contact order that was imposed by the Court lifted. You should know that many domestic violence cases get charged and pursued by prosecutors even when the alleged victim said nothing happened and do not want to participate in the prosecution. Courts impose no contact orders as a matter of course at the beginning of a domestic violence case prosecution. In this situation, both you and your husband would benefit from it if you retain counsel to represent your interests. Your counsel can set a hearing to argue that the no contact order can be lifted. Your attorney can also advocate on your behalf so that the prosecutor understands that the allegation is false and that you do not intend to help them prosecute your case. As the case moves forward and either your husband's attorney or the prosecutor want to interview you, or someone serves you with a subpoena for a deposition or to appear at trial, you will need your own attorney to advise you about your rights and legal obligations and how to pursue your goal here that the case be dismissed. Many attorneys, including me, are willing to represent someone in your position and work alongside your husband's attorney for the goal of dismissal. I take these cases for a relatively small flat fee and I believe other attorneys do as well.

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  • See above

    Violated harassment order and went to jail for 4 days. How long is one supposed to be held in jail for that? Also the bond said 0 so does that mean I should have been let out?

    Jennifer’s Answer

    Assuming new charges were filed for the alleged violation of the order, you can ultimately receive a sentence for up to a year in jail and up to a $5,000 fine. If the bail was set at zero, but you were not released, it may have been because you were held in custody for another case, although you were released on the one you have referred to in your question. You may have a defense to this charge, so be sure to consult with an experienced attorney before deciding what avenue to pursue with this case.

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  • If neither party shows up for courtwith a dv case does the case just get thrown out

    If both parties dont show up to a court date for domestic violence ,does the case get dropped?

    Jennifer’s Answer

    I will assume you are referring to a criminal domestic violence charge. A defendant must show up for all court appearances or a warrant will issue for that person's arrest. It is a complicated question whether a criminal charge of, say, assault, can be proven without the alleged victim. This depends on whether there are other witnesses, whether the 911 call would be admissible, whether law enforcement could testify about what the alleged victim said at the scene, and whether there are pictures of injuries. If the alleged victim wants to see the case dismissed, the most effective way to accomplish this is for that person to retain their own attorney who can analyze whether the case can be proved without them, review their prior statement with them and give them advice about their obligation to respond to a subpoena. Many lawyers who do DV cases, including myself, represent alleged victims who want to see a case dismissed.

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  • What does this mean and what are his options? How can I provide emotional support

    My brother has been charged with Assault 2 DV in King County Superior Court.

    Jennifer’s Answer

    An Assault 2 Domestic Violence is a serious allegation. It is a felony that carries possible prison time, suspension of firearm rights and other possible consequences. It is critical that your brother get an attorney who is experienced with handling serious domestic violence charges involved. Many domestic violence allegations turn into criminal cases despite the fact that there is not sufficient evidence to support them. Sometimes, even allegations that can be proved can be reduced with proper investigation and negotiation.

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  • Can the restraining order be address and removed with the dropped DV felony case?

    Person A was involved in a domestic violence case. Person A’s felony case was dropped, but the restraining order still exists.

    Jennifer’s Answer

    If the domestic violence felony charge was dismissed and a protection order is still in place, it is because the protected party petitioned the court in a civil proceeding to obtain a protection order that is not connected to the criminal case. The protected party may have told the civil court, "there is a no contact order in place right now out of the criminal court, but I am concerned the criminal case will be dismissed and I will be left without some kind of protection."

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  • What is the likely outcome of an alleged victim recanting her statement?

    My wife attacked me, had her brother call the police, and I was placed under arrest. She has now made it appear as though she is going to recant her statement. My primary concern is for the welfare of our children. At this point, I'm just trying t...

    Jennifer’s Answer

    You need a lawyer who is not only experienced in criminal defense, but more specifically in domestic violence cases. Nobody but a lawyer who speaks with you and reviews all of the evidence in your case (any photos taken, the 911 call and the police reports) can assess what direction your case may go under different circumstances. It is very important that you not do anything (or ask anyone else to do anything) to influence what your wife is saying since tampering with a witness is a crime. Also, your wife may need an attorney to assist her if she does want to recant her original statement without opening herself up to a charge of false reporting.

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