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Angela Horwath
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Angela Horwath’s Answers

28 total

  • Is it illegal in WA state to place a protection order against your wishes?

    My question is pretty simple, but I'll go into detail. My friend is pregnant and a mutual friend of hers and her boyfriend lied to the police and claimed that her boyfriend was hitting her. Police came obviously and arrested him, with no evidence ...

    Angela’s Answer

    No Contact Orders can be ordered by the court once probable cause has been established. It is quite common, in Washington, for a protection order to be authorized against the alleged victim's wishes. Ultimately, if there is no merit to the case then a DV criminal defense attorney should be able to get the no contact order lifted and hopefully get the DV case dismissed.

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  • Is there anything you can do when a officer falsifies why he pulled you over?

    I got pulled over and the reason was supposably for a license plate light out. I had been drinking and got arrested for a dui. After I got truck out of impound I checked the lights and they both worked. Then I took it to a mechanic and he said all...

    Angela’s Answer

    It depends on the reason to attach the officer's report. Are you trying to fight the charge or is your case over and you want the officer to be reprimanded for his falsification? If your case is still open, a competent criminal defense attorney will request videos, if available. If a video was not taken then we can certainly cast doubt as to the officer's report through our own investigation.

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  • Possibility of Second DUI being reduced due to extreme situation

    It has no baring on my case, but I'd like to preface this by pointing out that I currently do loss prevention (nearly 3 years) and so integrity is the most important trait to me. After my first dui I learned my lesson and had not drank and driven ...

    Angela’s Answer

    I agree with the other attorneys but would add that Tacoma Municipal Court is one of the best courts in Western Washington to be charged with a second DUI as the prosecutors have complete autonomy and authority to amend charges.

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  • Probation told me I have to go to AA for my DUI in my deferral program. I am non religious and technically an atheist.

    My probation officer told me I had to attend AA. There are no non religious groups in my area. Can my Probation officer still make me go? I am not religious and I am technically an atheist. I am on a deferral program for a DUI in Washington State....

    Angela’s Answer

    Serenity counseling in Fife is non religious

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  • For a harassment hearing do each of the parties have to send their response or what they are going

    to discuss at the hearing to each other prior?

    Angela’s Answer

    I agree with the previous answer and would add while the rules of evidence are relaxed in harassment proceedings, anything in writing that you intend to file should be presented to the other party at least 1 day prior to the scheduled hearing.

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  • I have a warrant for a dv charge and never made it to court.what can i do without going to jail

    what can i do without jail time and how long would i be in jail if i have to go.

    Angela’s Answer

    If you contact an attorney they can usually prepare a motion to set a court date to quash the bench warrant. If the judge grants the motion than you can appear in court with your attorney without turning yourself into jail. More information is needed to determine if it is likely that jail time could be avoided in your case.

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  • If my case was deffered and dismissed do I have to check yes on convicted of a misdemeanor

    the court documents do not say guilty it just says deffered and dismissed

    Angela’s Answer

    Deferred is term that is used for several different types of resolutions. If you mean that you plead guilty and the sentence was deferred then yes you have been convicted of a misdemeanor (assuming that was the charge). If you did a continuation with out finding, stipulated order of continuance (sometimes referred to as "other deferred") then you probably do not have to mark yes on the conviction question. Go back to your court paperwork and determine what type of resolution you entered into.

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  • If I been arrested on a charged theft crime but haven't been to court yet will that show on my employment background check

    And is considered a conviction if I had a bond?

    Angela’s Answer

    It depends. . . It is very likely that the charge has been filed with the court and so yes it will show up on most background checks. However, there is a chance that the officer cited you for the crime but it has not yet been filed with the court. If you have received a summons to come to court on a specific date then the safe answer is yes. If you have not yet been summoned, then it may not show on your record yet.

    You should contact a Texas criminal defense attorney and have them help you look at your criminal record.

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  • Can a police officer give a breathalizer test on a minor without consent?

    was on school property drinking

    Angela’s Answer

    If you are talking about parental consent the answer is yes. However, portable breath tests are voluntary and should not be given without the individual's own consent.

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  • 3 yrs into my deferred prosecution in WA state. Transferred to another state in '08. Is early termination possible?

    We are selling our home, and will be moving to yet another state, and that may happen before my deferred prosecution is dismissed in summer of 2012. My past legal /DUI problems would be a TREMENDOUS embarrassment to my husband (professionally &...

    Angela’s Answer

    Unfortunatly, the 5 year court monitoring is statutory and cannot be shortened. Typically the last 3 years of your Deferred Prosecution has minimal supervision by probation. Whether or not you can move out of State would depend on your specific situation and certainly depend on whether or not you have completed two years of treatment. I would suggest that you talk to the attorney that helped you enter into the deferred or hire a new one to work this all out.

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