At a change of plea hearing if I let the judge know I don't understand or agree fully with the plea terms what are my options
Once your plea is entered, the court will not be swung by you not liking or agreeing with it. The question will only be whether you entered the plea "knowingly, voluntarily, and intelligently." Quite likely, the judge that accepted your plea first went over the document with you line by line, and made findings on the record that you made your plea "knowingly, voluntarily, and intelligently." Usually, the only way a judge will find differently is if the defendant does not have the intellectual capability, etc, or the record of the plea hearing is devoid of facts tending to show the KVI requirement. If the change-of-plea judge DOES find that the plea was entered unlawfully (you didin't do so KVI), then what will likely happen is that the plea is withdrawn, whatever deal you had with the prosecutor goes away, and the case is set for trial.See question
This is pertaining to WA state. I recently found out that I have a fta warrant for a dwls/r in the 3rd degree (first offense). Instead of turning myself in to get a new court date, I can pay $100 on the municipal court's .gov website to request fo...
I don't want you to mention which court here on Avvo, as that may disclose your identity. I would be VERY interested in looking at that website, though. I'd hate to think a court is trying to get people to plead guilty to a crime without being advised of their rights or afforded counsel!!! It's possible, but unlikely, that the warrant has expired. At any rate, just quashing the warrant won't keep you from having to travel to this far-away court (even if you plead guilty you'll need to be sentenced). I would contact an attorney and ask if they could scratch the surface of this for you, and tell you what your options are. Also, you may find out you are eligible for a court appointed attorney to handle the case for you.See question
Okay when i was a juvenile i got a charge that was lowered from a class-c felony to a misdemeanor Instead of assault in the third degree it was supposed to be lowered to attempted assault. An error which has cost me two jobs where i was let go fr...
Your only recourse is going to be hiring a lawyer to work through the paperwork to determine if there was a fixable error, or a misunderstanding between you and your attorney at the time. Errors can sometimes be fixed. Misunderstandings generally cannot. Many attorneys don't take these types of cases - they require creativity that many trial lawyers don't have much experience with - they practice pre-trial, rather than post-conviction issues. Attorneys that answer questions on Avvo are sometimes a good place to start. We are not allowed to solicit in this forum.See question
My friend has a convicted felon brother who has jumped parole he was convicted of attempted murder of their parent he now is in jail
If the deceased passed due to the intentional acts (attempted murder) of your friend, even if after time passed like say for an extended stay in the hospital after injury, then no your friend is not entitled to any inheritance from the deceased. Most if not every state has a statute on the books that strips the killer of their inheritance. The Estate is typically probated as if the killer died first and then everything is distributed like that.See question
Friend is in a king county jail on a tribal warrant n DOC hold. DOC stated can't release him in less charges get dropped. He was transfer to diff county for tribal court. The judge ordered him to be released because was being held on a Bad Warrant...
Your friend's attorney should be the one applying pressure where needed to get this sorted out. If your friend wants the help of another attorney besides the one that is apparently failing to help him, it is your friend who needs to reach out to another attorney. Knowing your friend already has counsel means no attorney is going to be able to do anything just by you calling. Attorneys aren't allowed to just step into a case whenever they want on the request of a friend - especially when an attorney is already involved. So if your friend wants a new attorney to step in it, he'll need to call an attorney from inside jail. Many attorneys will accept collect calls. If friend is being held improperly there is a good chance the jail will be held liable $$$$$$$$ for their incompetence. But its also possible there is something out there you are unaware of, another warrant or something gumming up the works. It won't take much effort for an attorney to figure this all out. Probably just a phone call or two. Your friend just needs to find one willing to take a few minutes to help.See question
My dad is on disability and lives with me in WA. He mailed a pound of marijunana to alabama via fedex and it was intercepted in Oregon. He put his name on the package. What should I expect? Will the DEA/Feds just show up at my house to arrest him ...
Maybe. Have the feds (DEA, USPIS, FBI, etc) contacted him or you, yet? DON'T TALK TO THEM. Be very polite but assert your right to not be questioned without counsel present. If they pressure you, hang up/close the door if you have to. Anything you say can and really will be used against you. Your best defense is to politely refuse to talk to them. Yes, they may say "it will be easier" if you just talk. Easier for them, not you. If they threaten to arrest you if don't talk, then they are planning on arresting you regardless. Don't talk. The feds don't mess around when it comes to mailing pot or money in the mail. Depending on your involvement they could steal your house from you if you own it. Do not place any more admissions out here on Avvo (making statements that you have knowledge of what dad did is an admission).
You should call an attorney privately and discuss this, off the internet. If all the only evidence they have is a box of pot with Dad's name on it, the chances of being arrested or a search warrant being executed at this point in the investigation is slim (but not impossible).
You need to talk to an attorney now, before they contact you. Dad will want to talk with his own attorney, as your interests may be different.See question
I was pulled over a year ago. My passenger had two felony possession of controlled substances on them. We didn't get arrested and no charges that nite, not even a ticket. Today I received charges and a court date for that nite. Why was I the one c...
Generally, the State (through the Pierce Co. Prosecutor) has 3 years to charge most felonies. So they are well within the statute of limitations. Jails are overcrowded so cops don't generally take low risk arrestee into custody unless there is a risk of flight (not showing up when summoned to court) or a risk to the community (violence, etc). As long as you show up there is little risk (not no risk, just little risk) the prosecutor will request bail be ordered. The fact that it's been a year yet there you are in the court room is good evidence that you are not a flight risk. As for why you were charged, I don't know - but the reason should be on the probable cause statement you receive at your arraignment.See question
I was woke to a search warrant and then arrested for operating a drug house. They found no drugs, no money or nothing on anybody that was in the house when raided. All the found was 2 glass pipes and a couple of jeweler's baggies. I was held in...
Bail typically isn't reduced for lack of evidence. When a judge finds a lack of evidence to hold someone the charges are dismissed outright. Are you still facing charges? If you are still dealing with charges, then a judge saw probable cause in the charge sheet (probable cause means there is at least some evidence, however small, of each element of the crime, and does not take defenses into account). Below is a link to the language of the statute that must be proven. As you can see, it will not take very much to convict (be found guilty) if there is any evidence that other people came over to the house and consumed drugs. As for the "all they have" statement, that's not true. They also have whatever evidence they presented to a judge to get that search warrant to begin with. There is a police affidavit that will show exactly what that evidence is. It's a public document (unless it's been sealed) so it's fairly easy to get a copy outside of the discovery process. That will be the important document in your case. You may wish to have an attorney review that for you.
If the charges were dropped after 14 days for lack of evidence, there is a teeny-weeny chance you have a claim for $$$$$ for having to sit 14 days for no good reason. Don't get your hopes up - it's unlikely. But if the charges have been dropped 14 days is worth quite a bit and I recommend a quick glance at the issue, just in case.
My nephew is 18 we live in Bellingham washington and have the Lummi tribe here. My nephew informed me his social worker said he needed to go quash a warrant that had been out for his arrest since april of this year. He left with her and soon after...
Tribes are sovereign. They are like mini foreign countries. They have their own laws and enforcement them within their reservation boundaries. If one goes a foreign country and commits a crime, that foreign country has the right to prosecute. Just like USA can prosecute non-citizens for crimes committed here. Locally, tribes and counties have agreements regarding use of jail facilities.
Because your nephew is not a tribal member, the Tribe likely will not provide him with a public defender. Remember, the reservation is basically a foreign country so the USA constitution does not work the same way there. He will want to hire private counsel that the Tribal Court has licensed to practice within that court. The Lummi Tribal Court phone number is (360) 312-223. The clerk can likely provide you with a list of local attorneys licensed to practice in their court system.
All of the above is in general regarding misdemeanors. Federal law prevents tribes from exacting jurisdiction over felony criminal accusations. If a felony is being accused, then your nephew will likely be ultimately charged in Whatcom County Superior Court, unless the victim is an indian, in which case he could very well find himself prosecuted federally.See question
I was involved in a serious car accident nearly 22 mo ago, as a result of driving impaired. I was 22 at the time, suffered extensive injuries ( multiple fractures, limited mobility for a few months, 3 weeks in the hospital), but am now essentially...
You are correct, it doesn't work that way. But knowledge that you "punished" yourself pretty good will certainly factor in to the calculus. The statute of limitations on a DUI is 2 years, so the amount of time that has passed doesn't matter.
DUI law can be crazy complicated. It seems in your case the "implied consent" laws will come into play. You'll want to hire counsel if you can do not qualify for a public defender. The first court date is called the "arraignment." All that happens is you are formally informed of the charges against you. You plead NOT GUILTY. That preserves all your rights while you and your attorney review the evidence and make a plan.
The judge will not want to see any photos or hear any explanations at arraignment - and you'll make people angry if you try. Just plead NOT GUILTY and you'll get your next court date and have time to apply for a public defender in the interim if you haven't hired private counsel.
I do not recommend ever talking to the prosecutor on your own, without counsel (even if they want to talk to you). Everything you say really will be used against you. In Skagit County there should be a public defender at the hearing to stand in with everyone who didn't hire private counsel. If not, you may have to interact with the prosecutor just to get through the hearing - but only about scheduling the next court date - nothing substantive. Don't talk about the facts of the case and you'll be fine.See question