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Adrian Martinez Madrone
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Adrian Madrone’s Answers

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  • Can I get an Early Vacated Record for Assault 4 DV based on nothing on my record before this and good behavior after?

    I was told to plead guilty or face prison time for something I didn't do after proving my innocence. Because I didn't have proof that the additional accusations didn't happen, My lawyers advised I plead to avoid ruining my life and future as it ma...

    Adrian’s Answer

    Generally, the answer is no, you will not be able to get this case vacated early. The waiting period is set by state law, and there are no real workarounds. Also, to be clear, the five year timeline begins to run at the time the No Contact Order expires.

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  • Can an opening statement be objected? Also how does each party in a trial begin its argument?

    So I went to a court case in Seattle, WA, and I was wondering a lot, just in case I want to help some people.

    Adrian’s Answer

    Parties can raise objections during opening statements. This does not happen frequently because opening statements are not evidence. They are designed to be a preview of the case that the party expects to present at trial. So the prosecution's opening statement will be a preview of what charges they have filed and how they expect to prove them. The defense opening (if one takes place; the defense can reserve its opening until later in the process) will usually focus on the holes it expects to show in the prosecution's case or other defenses it expects to raise.

    It would not be a proper for the defense to object the prosecution's opening statement simply because they disagree with what the prosecution says happened. An objection would have to be based on a specific legal grounds.

    Finally, as to when each party begins their argument, that actually happens at the very end of the trial. So, trial proceeds by selecting a jury, opening statements for each side to preview their case, presentation of evidence through witness testimony and exhibits, and closing arguments where each side argues why their case should be more persuasive and why the jury should find in their favor.

    This is a very rough description of what occurs in the trial process. Most attorneys study and practice for many years to learn the real ins-and-outs of how to do it effectively.

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  • Does a juvenile diversion still appear on my record? Will it show with a FBI fingerprint check?

    As a juvenile, I committed a petty theft at a department store. I currently was hired for a job working in financial planning, and in order to be able to work with these files, I need to be FBI fingerprint checked. I completed the diversion progra...

    Adrian’s Answer

    It sounds very unlikely that this situation would show up on a criminal background check. If you wanted to, you could go to the juvenile court where the diversion took place and ask if they have a court record on you. If so, you might be able to request that it be sealed. The other option is that you could go online to the Washington State Patrol and run a "WATCH report" which lists your criminal history for the state. If nothing exists in either of those places, it will almost certainly not show up in your job application background check.

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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...

    Adrian’s Answer

    It is hard to say whether her actions meet the legal definition of extortion. The only real way to know the answer would be to call the police, file a report of what she has done, and then wait and see if the local prosecuting attorney decides to file criminal charges against her. My guess would be that a prosecutor would choose not to file charges. Your girlfriend likely has complete control over who her kids see or do not see; you likely have minimal legal standing in relation to the kids (even though you may have a strong emotional connection to them).

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  • Question regarding an S.O.C.

    I reluctantly accepted an S.O.C. After feeling pressured to do it by my lawyer when I repeatedly asked to go to trial and they began stone walling me. ( DV4 and about a phone call to immigration) My issue isn't about the lawyer. I didn't knowi...

    Adrian’s Answer

    First, SOC (stipulated order of continuance) agreements are often a very good way to resolve cases. They are a clear path to a dismissal of charges, where taking a case to trial is inherently more risky (no matter how good the client believes the case to be). Second, when you entered into the SOC agreement, there was most likely a written contract that included an agreement on your part to give up certain legal rights you were giving up by entering into the SOC. That written contract was likely reviewed on the record in open court with a judge. The judge likely made a finding that you were knowingly, intelligently, and voluntarily giving up those rights in order to take advantage of the SOC arrangement. It is highly unlikely that you will be able to get out of your entry into this SOC.

    Obviously, it is unfortunate to lose a job. But the information you received was correct -- cases in an SOC are listed as "pending" in background checks, not as convictions. Your employer chose to terminate you due to the pending case, which is unfortunate, but not grounds for a reversal of your SOC.

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  • Loss of firearm rights?

    If I have a temporary restraining order issued (alleged harassment), with a hearing coming up, if the judge makes the order permanent, does that mean I have to relinquish my firearms? the TRO and possible order was NOT against a family or househo...

    Adrian’s Answer

    If the protected party was NOT a family or household member, you should not permanently lose your right to own or possess firearms. That being said, there could be a provision within the restraining order itself that bars you from possessing firearms for a limited period of time. This limited restriction is not a long-term disqualification from gun ownership, but may create a hassle for you for a bit. For advice more specific to your individual situation, you should consult directly with an attorney.

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  • Global/Nexus pass appeal

    I got denied from Nexus pass couple years ago due to having two offenses (2001 DUI and 2009 neg1-reduced from DUI). I was told by the agent during the Nexus pass interview that I would've been accepted if I only had one offense. 1. I'm willing to ...

    Adrian’s Answer

    You may technically qualify to have your Negligent Driving conviction vacated, but it still may not happen because judges are reluctant to vacate until 7 years has passed from the offense date. Regardless of whether you can get the Neg 1 vacated, it probably won't matter for border crossing purposes because border agencies do not typically recognize the vacate process. They will still view the Neg 1/DUI-reduction as having been committed. For more specific information about border crossing and these passes, you will probably want to talk to an immigration attorney rather than a criminal defense attorney.

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  • What is the statue of limitations on restitution?

    how long do I have pay restitution on my vehicular assualt

    Adrian’s Answer

    There is no statute of limitations for repayment of restitution. It will follow you for life until you pay it off. It cannot be discharged in bankruptcy either.

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  • In WA state is there a way to check/confirm a diversion was successful and if I still have my gun rights? W/O trying to buy one.

    I was young when I shoplifted, I don't even know how severe the charge was supposed to be misdemeanor or felony for this example I'll assume Felony C, and both my memory and papers of that time are basically gone. I am of the impression I ended up...

    Adrian’s Answer

    One way to find out for sure about your gun rights without actually trying to purchase a gun would be to apply at your local sheriff's office for a concealed carry permit. If you clear that process, you never lost your gun rights.

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  • How does the dmv know if you have been arrested? Has my DMV hearing been "set aside"?

    Four months ago I was arrested for a drug DUI that was dropped to a Neg 1. I never received a dmv hearing notice from the arresting officer, my license was never confiscated, and even two weeks after my court conviction I still haven't received an...

    Adrian’s Answer

    A Negligent Driving 1st Degree conviction does not carry a license suspension as a consequence. Drug DUIs often do not lead to DOL administrative license suspensions either. So, there is a pretty fair chance you will be getting through this without having your license suspended.

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