Is being charged with burglary but they didn't find a weapon and has been held for 2 days but not formally charged yet.
A person can be held in jail without any formal charges being filed if the police write a sworn probable cause report stating facts which spell out a crime. This is call a probable cause arrest.
This person will eventually (usually done within 24 hours of the arrest) be brought before a judge or commissioner where a bail amount will be set. After the bail is set, you can either pay in cash the full amount to the court clerk or obtain a bond from a bail bondsman. Usually bondsmen charge a non-refundable fee of 10% of whatever the bail amount is. So if for example, the bail is $50,000.00, the bond can usually be secured for $5,000.00.
Once the bail is set, if the person remains in custody and does not post bail, the prosecutors have 72 hours in which to file charges or the person must be released. However, this time requirement is waived if the person bails out or is released.
I recommend that an attorney be secured as soon as possible to handle this entire case. If the attorney can get on the case really soon and he or she can attend the bail hearing, there may be a possibility of having making the judge aware of facts and circumstances surrounding this person that could justify a personal recognizance release. This kind of release, also referred to as a PR release, means the person is free to go as long as they promise to appear at the next court date. And it also means that no bail or bond needs to be posted.See question
I just recieved a court summons for DUI for a car accident I was in over a year ago. I was drinking from 7-11pm, I was impaired at the time. At 3am I decided to go get some food, I felt fine and ok to drive. Getting off the freeway my brakes faile...
At the arraignment, you will be asked if you would like to be screened for a public defender. This is a process where you fill out a financial declaration stating your income and liabilities. If the court deems you to be indigent, a public defender will be appointed to represent you in your case. Alternatively, you can sometimes go to the Office of Assigned counsel before court and sign up for the screening process.See question
is stolen a few things no big value and a apply overpowering drug
here are basically four degrees of burglary under Washington State law:
Burglary 2nd degree - Class B - non-violent felony
Residential Burglary - Class B - non-violent felony
Burglary 1st Degree - Class A - violent felony
Burglary 1st Degree w/Sexual Motivation - Class A - violent sex felony
There's a way to augment your question with more information. In order to answer your question, I need more information as to the exact charge and any other specific enhancements that may also be charges, i.e. deadly weapon, firearm, school zone, etc. Also the answer depends on the person's prior criminal history, so I will need to know this as well.See question
if it wasnt a felony can i still get in?
When it comes to criminal convictions, Canada first looks at what your state convictions is for and then they classify what the crime would have been if it had occurred in Canada.
Canada does not use felony or misdemeanor to distinguish the level of their offenses. Rather, they have indictable offenses and summary offenses. There is also a class of hybrid offenses. Generally if an offense is indictable, the person can be denied entry into Canada.
Some of the misdemeanors under Washington law that are considered "adjudicated indictable offense" in Canada include driving under the influence of alcohol, assault-4th degree-DV, and any attempted felony.
I recommend consulting a Canadian immigration attorney for more information.See question
I am interested in looking up a license plate number that may be involved in a situation... Yes I know, call the police.. But is there any (free hopefully) sites that anyone knows to try and one that actually gets results??
Most states, including Washington, restrict the public's access to information from license plate numbers. This is designed as an anti-stalking measure. There are some pay sites on the Internet, but I do not know how reliable or safe these are to use.See question
assult in 1st degree,unlawful imprisonment,harrastment
Usually unless you want a continuance, you should refrain from waiving your speedy trial right. Although dismissals cases for the state's failure to conduct a trial within 90-days (if the defendant is in custody it's 60-days) are very rare, the right to a speedy trial is fundamental and should be retained.See question
I experimented with drugs before joining the military, but when I signed up I said I hadn't used drugs. I recently separated from the military after my 4 year term and wanted to know if I could still be prosecuted for fraudulent enlistment even th...
If you are not receiving a retirement benefit or VA benefits, there is practically little chance that the military would prosecute you for misstating the facts on your enlistment application. The UCMJ and the service personnel regulations do permit recalling a separated member for prosecution, but usually this is reserved for violent crimes or crimes involving sexual misconduct. The chances are very slim that you would be recalled for this.
As far as your application for federal law enforcement,it is my understanding that they use a standard similar to the military. So if you admit your early drug use, you may be disqualified. To become an agent for the DEA, ATF or ICE, you will need a security clearance and they will actually pull your medical records. If you admit now to using drugs before the military and someone matches your enlistment papers to your current law enforcement application, they may see the discrepancy.See question
Probation for First Offense DUI in California, 5 years. Arrested February 2010.
If the court's paperwork reflects that the change to your probation was made so you could enlist, the military will not accept this and you will be temporarily disqualified. This goes back to the 1950's when judges would frequently give defendants the option of going to jail or joining the military in lieu of jail. The military got several "bad apples" from this practice and now anytime a court cuts a criminal penalty short so the person can join the military, they bar the person from enlisting.
If you can get this agreement by the prosecutor and the court to cut your probation early, just make sure some other reason if any if stated in the paperwork. I also would not inform your recruiter.See question
I was cited for "following too close" after rear-ending a vehicle. The sheriff's office deputy said that some tickets can be deferred. Can this one?
If the officer did not actually see the accident happen and based the ticket on what the other driver said, then the ticket may be supported only by "hearsay" which would probably be inadmissible at a contested infraction hearing. You can go to the clerks office at the court where the ticket has been filed and ask to see the officer's report. Then again, you may want to hire a traffic lawyer to look into this for you. Whenever I see a ticket being issued for a traffic accident, I usually see hearsay objections which I can raise to get the ticket dismissed.See question