Not even a parking ticket. I want him to come home. Will this make him lose his job? I only sustained superficial injuries to my arms and i didnt even need medical attention.
You don't. You are considered a witness and the plaintiff is the governmental authority. A good and crafty attorney will hopefully guide this matter to a favorable result. Do not think that you can control the outcome. Get an experienced attorney who will handle this matter. there are serious and profound consequences for him and you if there is a conviction for a DV offense,See question
I got sentenced to 5 days in jail for dwls3, I report to the jail on a Monday but my lawyer says I'll be out by Thursday? Is this wishful thinking, a good guess or a fact? Thank you
You get 1/3 off of a sentence for "good time" upon entering the jail. If you behave it will not be taken away. The real question is why are you doing any jail time on a DWLS 3rd degree charge.See question
My son was arrested for suspicion of DUI and the case took a couple years to get resolved and he was given a conviction in WA at the end. In the mean time, he moved to CA and obtained a valid CA driver's license and insurance prior to the case co...
No. Upon conviction his PRIVILEGE to drive in Washington is suspended or revoked. If this status remains in Washington then an out of state license will not allow him to drive in Washington. California is supposed to honor the suspension/revocation of the Washington action. If he has passed the period of suspension/revocation imposed by Washington then there are reinstatement requirements that must be met before he can drive in Washington. Some of these will be proof of insurance (SR-22 form), proof if ignition interlock device for the required period, reinstatement and probationary license fees. Contact the DOL of Washington for reinstatement requirements.See question
my friend has a good job and no felonies or prior troubles with law. when he goes to court can u tell me what will happen!??
This is a complex question and the answer will depend upon information you have not provided. There are three degrees of DWLS. If you have 5 DWLS in the 3rd degree then you will not be re-suspended unless the DOL has taken previous probationary actions. Now, a judge will not think kindly to someone who continues to flaunt the law. They feel at some point that punishment may change the behavior. If he can get licensed before he appears in court (fix the problem) it will certainly help.See question
My only evidence is one eye witness account of one incident on the temporary order. I'm nervous about this, and really need the protection order to stick. How could a lawyer make a big difference in a hearing like this? I don't want to get myself ...
If there is a criminal charge pending against the individual then a prosecuting attorney will be asking the court to enforce the Court Order. If you are seeking a Temporary Order of Protection on your own in a civil case then an attorney is helpful to make sure you are complying with the requirements of the statute. There are times when an individual who should get a protective order does not get one because they failed to state or word the documents correctly. Most Courts would like to help the person seeking the protective order but they can only do so much before they are becoming an advocate rather than an independent judge. Some courts have victim advocates who can answer some questions but they are not permitted to give legal advice. If money were no object you would hire an attorney and that is the best thing to do. If you do not want to commit to the expense then you run the risk of failing to comply with the requirements to get the protective order.See question
the prosecutor agreed to reduce the charges to misdemeanor. Is that any way I can ask the prosecutor to dismiss the case. what happened if my husband accepted the deal of the prosecutor.
If your husband is charged with Assault 2nd degree and the prosecutor is willing to reduce it from a felony to a misdemeanor this is usually a good thing. One should avoid a conviction for a felony. An important question is why is the prosecutor willing to do this? Does this mean there case is not strong? A prosecutor is under certain duties under the law regarding domestic violence cases and reductions are usually because of proof problems. The prosecutor will not just dismiss the case. If the prosecutor does not believe they can prove the charge beyond a reasonable doubt their duty is to reduce to a charge they think they can prove or to dismiss the case. Unfortunately, there are some prosecutors who leverage the fear and uncertainty of defendants into pleas of guilty. The alleged victims are witnesses and are not able to get the prosecutor to dismiss. Make sure he has an experienced trial attorney to maximize the opportunities for a good result. If your husband takes the deal he will be required to obtain a DV "batterers" evaluation, an alcohol/drug evaluation and likely a mental health evaluation. The treatment required will vary but it will include a one year DV program, fines, costs and probation for two years.See question
Is it possible to vacate and expunge an infraction after entering a finding of committed and paying the fine?
No. The word expungement is used for criminal matters and trafic infractions are civil. One would have to bring a motion to set aside the finding of "committed" and it will be up to the court to decide. Most courts will not be willing to set their decisions aside without a good reason. The longer one waits to bring the motion will also affect the court's decison. The Department of Licensing also has their own rules about whethe they will remove it from your driving record even if the court grants your motion.See question
The affidavit was for evidence of the crime of posession with intent to deliver meth.
It depends. You would think that the answer would be the same in every court in every city, county and state. The truth is it depends upon the judge in each court. Your rights to be free from search and seizure are just about gone. The courts have expanded the limiting term "unreasonable" as in "unreasonable search and seizure" and have given great deference to law enforcement claims that it is reasonable for them to suspect criminal activity. An attorney will focus on information that is missing, such as odor or marijuana? Crystal substances? and the like. Get an attorney who can express toyou the nuance of search and seizure law and who is willing to fight.See question
I was charged of theft in the third degree and I wrote a statement confessing to the crime but also stating that I was willing to pay them back in full
Zero. Now that this has been said please understand my answer. We are in the internet age when everything is recorded electronically and stored. Once shared it stays shared and there is no eraser to take it off of a piece of paper. A shredder cannot destroy it. I suggest the real question is who will have access to the records and for what purpose? The record of your arrest may already be in the records of a company who proivdes back ground checks. They are not required to remove this information from their database, even if you are acquitted. Prospective employers may purchase this information. This means you need to know whether the business is looking for honesty in answers or conviction data. Pepole have lost their jobs because they failed to disclose back ground information that would not have prevented them from getting the job. Each situation is different so no clear answer can be given to you. If you avoid a conviction then "non-conviction data" can be removed from Washington State Patrol data that is available to the public. The method of preventing a conviction will lead to a record of the process. In Washington even a conviction can be expunged after any period of probation is satisfied and the person remains crime free for certain periods of time which varies depending upon conditions and crime. There is a process called a Compromise of Misdemeanor that may result in dismissal of the charge. Whther this is possible is best left to an attorney to negotiate and complete. Obviously, an attorney is the safest way to minimize the records that may be available in the future. Hope this is helpful.See question
A temporary restraining order was put on me due to a letter I had sent to my ex asking for my firearm back, the letter only stated that i would have the police involved if she had not returned the firearm, and now I can not possess a firearm for a...
If the only fact is a letter requesting the return of a firearm and indicating the police would be contacted if the property is not returned then a Court should not have issued a TRO. If there were other allegations, whether true or not, a Court may issue a protective order. You have a right to a hearing to present opposing evidence. If the protective order is entered already then a motion to reconsider or to rescind the order is the proper method. Since it sounds like your matter is more complicated than just a letter the safest thing is to do the hard thing and pay for a lawyer. Be sure to tell the attorney specifically what you want hiim/her to do. Think of what information you can give the Court that will calm its fears (which is why the protective order was entered).See question