I was recently arrested on criminal trespassing, theft, and vandalism I have been in and out of jail for most of my adult life, and I am facing my first felony
I've attached Washington's RCW on the Classification of Crimes. The statute gives a very good explanation of your exposure to prison and fines depending on the whether the crime is a Class A, B or C felony. Since these are property crimes - and your first felony - you have options for reducing/dismissing charges. Hire an attorney to navigate these waters. Consider paying for the property damages and seeking dismissal via deferred prosecution. If that doesn't work, seek community service in lie of jail through first-time offender waivers. Good luck!See question
I allegedly tried to take almost $800 worth of blu-rays and dvd's out of walmart. I made it to the door when loss prevention rushed me. I threw the back pack before the guy tackled me. I went to jail and bailed out on $1000 dollar bond.
I've attached a copy of the Adult Sentencing Manual. Coming in as a "5," your exposure on the Burglary Second Degree is 17-22 months with a mid-range of 19.5 months (page 320). Also coming in as a "5," your exposure on the Theft Second Degree (Excluding Motor Vehicles and Firearms) is 4-12 months with a mid-range of 8 months (page 482). FYI, Prosecutors ALWAYS deduce creative ways to increase a defendant's offender score. Contact a qualified attorney who can analyze a copy of your criminal history. Some of your points may count as "half points" or "wash out." Good luck!See question
How long would someone be incarcerated for impersonating a police officer in washington state
A person is guilty of Criminal Impersonation in the Second Degree if the person claims to be a law enforcement officer or creates an impression that he or she is a law enforcement officer. The crime is a gross misdemeanor punishable up to 1 year in jail and a $5,000.00 fine. I've attached a link. Good luck!See question
I'm trying to prove I was wrongfully pulled over, therefor getting my case throw out. I was going to get an ignition interlock put in my car and I was pulled over on the way. In wa state you can't get your license till you have the interlock so I ...
The pullover was lawful. Officers run license plates. The plate came back with the registered owner suspended. Even if you, the driver, was not the registered owner, officers can request your identification pursuant to Terry v. Ohio and check whether you have warrants for your arrest, Here, your license was suspended even though you were not the registered owner. You were, in fact, committing a crime while driving.
That said, your best chance of dismissal is to (1) install the Ignition Interlock Device (IID) on your vehicle, (2) un-suspend & reinstate your license, and (3) hire an attorney to assemble an effective merit package consisting of proof that you have an IID and a valid license. If successful, your charge should be dismissed or reduced to a NVOL infraction.See question
I was in a place where the officer searched my purse found an old empty bag said it had traces of meth took it and said of I didn't work with him he would charge me.even though im sober now and I don't honestly think it had drugs inn it at all eve...
This is a search and seizure issue.
Sometimes, law enforcement officers become suspicious of people who are otherwise minding their own business while walking down the street or loitering a city block. Under the law, officers can approach anyone and ask for their identification. Beyond that, however, the scope of their questioning must be supported by reasonable and articulable facts. These circumstances raise numerous issues. How intrusive can an officer's questions and subsequent searches be under Terry v. Ohio and related case law? Does probable cause exist? Can a persons admissions alone guarantee an arrest and search? Is there consent to the questions/search? Do exigent circumstances exist to search/arrest a suspect? These issues, and more, become the basis upon which competent defense counsel can argue a motion to suppress evidence and dismiss criminal charges.
I've attached a link to my law firm's Legal Guide titled, "SEARCH AND SEIZURE: BASIC ISSUES REGARDING THEIR SEARCH FOR WEAPONS, DRUGS AND OTHER CONTRABAND." In it, you'll find links to my blogs which discuss different cases related to search and seizure.
State v. Vanness and State v. Wisdom may help. I've attached links to those cases, too..
If you're arrested, hire an attorney to bring a suppression motion based on these cases. Good luck!
If an individual's drink gets spiked and he kills someone while hallucinating because of the spiked drink, will he still be thrown in jail?
Yes, the individual can be thrown in jail and charged with homicide under these circumstances. Their defense is Involuntary Intoxication. The defense may absolve the defendant of any criminal responsibility. An involuntary intoxication defense must be proved by the defendant by a preponderance of the evidence.
Did the individual get a blood test? Are there witnesses who could testify about the individual's drink being spiked?
Otherwise, perhaps Voluntary Intoxication is a viable defense. I've attached the Washington Pattern Jury Instruction for Voluntary Intoxication. Good luck!See question
A boy friend is staying at his girl friends house and the two have verbal disagreement. The boy friend pack his stuff laptop computer and his clothes. As he is leaving the police arrive and orders the boyfriend to put his personal belongs that are...
Count your blessings. It's a good thing boyfriend was not arrested for domestic violence (DV). Under RCW 10.99.030(6)(a), police officers MUST arrest someone if it's determined that DV was an issue. I've attached the statute for your review. Perhaps boyfriend should leave his stuff in the trunk of his car when he visits girlfriend.See question
what if no other treatment facility will take her because of her heart failure? the last facilities said that her condition supersedes their abilities. She's been checking into DOC weekly now. But the court is saying that she still needs to go to ...
Don't panic. Residential DOSA is a great resolution. It allows the courts and the prison sentence to treat an offender's drug addictions. Many offenders have health problems similar to your daughter's. The DOC parole officers who monitor these cases are typically pretty relaxed with offenders who are on this system. Their recommendation for IOP (Intensive Outpatient treatment) simply means your daughter must attend an out-of-custody drug treatment program. That's not too hard, is it? Hopefully she can, otherwise, she'll go to prison. At any rate, a competent attorney can convince the DOC to either waive this recommendation for medical reasons (unlikely to happen) or seek more time to find a treatment provider who is sensitive to your daughter's medical challenges. I've attached the statute for Residential DOSA. Good luck!See question
16 year old was charged as an adult with 2nd degree murder for a gang related shooting. His attorney said basically we do not have a perfect self defense so took an Alford Plea and was sentenced to 15 years in prison. The sentencing range was be...
Appealing the sentence is the most direct way to seek relief. However, this may require making claims of ineffective assistance of counsel. This claim is a long-shot. You have to prove the last attorney failed to advise your son and/or did a bad job. Here, It appears your last attorney successfully avoided upward sentencing enhancements and successfully guided the prison sentence to a mid-range of 15 years.
Perhaps you can appeal based on changing case law. Recently, the WA Supreme Court ruled in State v. O'Dell that courts may consider a defendant's youth at sentencing. Did your son's judge consider this factor and discuss it at sentencing? If not, then perhaps you've got an appealable issue. I blogged about this case in depth, and attached a link to my discussion of the case.
Other than seeking appeal, your son's best-case scenario is working within the prison system to get as much "good time" as possible. I've attached the statute on "good time" release. His continued participation in school and working will certainly help. Good luck!See question
i l et a girl rent a room from me ,while she was living here she got in big trouble selling to some cops, they then got a search warrant and came and turned my life upside down, along with charging me with the remaining stuff she had left in her ...
I'm sorry about your predicament. Hopefully, your public defender can get the case dismissed with a pretrial motion. Sometimes - and hopefully in your case - police officers unlawfully search a defendant's home on a mere hunch, and engage "fishing expeditions" unsupported by anything beyond their mere suspicions. In the rare event the officers have search warrants, these warrants might be unsupported by probable cause, unspecific to the contraband they seek, and/or simply inappropriate under the circumstances. Did you consent to the search? If not, did exigent circumstances exist to search the home? Was there a search warrant? Was the warrant signed by a judge? Did the search warrant particularly state the specific items are the officers searched for? What probable cause leads them to believe they'll find contraband? Hopefully, your public defender is qualified enough to assist you by arguing motions to suppress and/or taking the issue before a jury of your peers.
Please read my Legal Guide titled, "SEARCH AND SEIZURE: BASIC ISSUES REGARDING THEIR SEARCH FOR WEAPONS, DRUGS AND OTHER CONTRABAND." Attached to the guide are cases which may help. I've also attached a link to my Search & Seizure Legal Guide. Finally, consider going to my Law Firm Website's Blog and type "Search & Seizure" in the search engine. Again, you'll find lots of cases which may help.
Good luck!See question