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Erin Bradley McAleer
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Erin McAleer’s Answers

314 total


  • Can I sue somebody for allowing the person who stabbed me in the neck to press criminal harassment charges on ME

    I was stabbed in the neck by someone and they were convicted of assault 2 for almost killing me, then I moved back from Alaska and found out I had a warrant and he's pressing charges on me for "harassing" and "stalking" him online after he stabbed...

    Erin’s Answer

    Allowing someone to stab you in the neck is
    never a good idea. I assume you mean he stabbed you in the neck. You can sue him for your medical bills and pain and suffering. The harassment and stalking issue are a different matter. I'm surprised the prosecutor didn't contact you upon conviction to discuss restitution.

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  • Can a 23 year old have sex with a 17 year old in the state of Washington, if we both live in Oregon ?

    I am a 23 year old male in Oregon. I have been talking with this girl on tinder that seems pretty cool. We have talked about hooking up but today I found out she is 17. I know in Oregon having sex with someone at 17 is illegal at my age. So I ...

    Erin’s Answer

    You are correct that the age of consent in Washington is 16, and also about the 60 month rule. I'm not positive if Oregon would have a statute that they could prosecute you if you enticed a minor over to Washington for the purpose of avoiding their statute, and also the Federal Mann Act could potentially apply if you transport her from Oregon to Washington for the purpose of having sex, although the main purpose of the act is to punish transportation for the purpose of prostitution, the statute could be read to apply to the consensual sex purposed in this situation. The bigger concern which is punishable in both states and the feds is child pornography. Be clear that you don't want her to text, snapchat, tweet, or whatever you kids now do any naked pictures of her.
    is possession of child pornography.

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  • If my court fines & restitution from my DUI have been transferred to a collection agency, will filing Chapter 13 clear them?

    i have almost $20,000 in fines & restitution ( to an insurance agency. There was no damage to a person) from a DUI, 7 years ago. Due to the fact that i live in Washington, but received the violation in Oregon, i now owe fines in both states. i hav...

    Erin’s Answer

    A chapter 13 would not discharge the debt, and generally full payment of the debt would need to be provided for during the pendency of the plan which could be up to 60 months. If you can't pay the restitution in full within 60 months then the balance left would be owed at the end of the plan. The creditor would have to file more paperwork with the DOL to have your license suspended again, or you could continually file chapter 13 plans until upon completion of each case to keep your license from being suspended. Typically, upon filing a chapter 13 the DOL would release your license in 2-4 weeks. Depending on your situation your plan payment could be as low as a $100 per month. A small price to pay for a drivers license, but I guess you'd have to decide that for yourself.

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  • Would my husband be eligible for removal from sex offender registration requirements in Washington? Thank you.

    My husband was convicted in 2005 of TXPC 22 011 A 2 - SEXUAL ASSAULT CHILD with deferred adjudication in Dallas Co. Texas. He is required to register as a sex offender. Since then he has completed all requirements with no repeat offences, has gott...

    Erin’s Answer

    He has to wait 15 years since his conviction was out of state before applying for relief.

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  • What usually happens when you are charged with a first time gross misdemeanor?

    I have been charged with a gross misdemeanor for the first time. This is my first time ever being in trouble with the law. They said I could spend a max of 300 days in jail and a $5,000.00 fine. What typically happens when it is the first time bei...

    Erin’s Answer

    Depends on the charge, but typically there are a few options available. Often times first time offenders are afforded opportunities to keep the conviction off their record. Schedule an appointment with an attorney to discuss your case. Your future deserves it.

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  • How can I clarify my record as a shoplifter and does it affect my finding job

    I am accused as a shoplifter in winner store for a 8$ soap I am banned for entering to winner stores and I forced to sign several papers and I think I should wait for a fine sending by mail should I pay the fine snd how can I clarify my reco...

    Erin’s Answer

    I am unclear on whether you were arrested or just trespassed from the store. If just trespassed you got lucky, and should immediately pay the civil penalty. Otherwise the store could send it to collections, or even sue you civilly. Keep in mind if they sue you civilly they would also be entitled to recover their attorney fees and costs. If you are currently pending charges, I often advise clients to wait on paying the civil demand and try to work out a civil compromise with the store which includes ultimately paying the civil demand. When successful the civil compromise typically results in a dismissal of the charges. If you have further questions you should hire a local attorney in Vancouver who is experienced in these types of cases. A few hundred dollars now could save you tens of thousands of dollars worth of hassle in the future.

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  • Theft settlement: accept, or decline?

    My 5 year old son's Kindle Fire hdx 7 was stolen and the person was seen. I filled a police report. (This kindel was a gift from someone no longer in our lives and thier interest in the theft went as far as reporting it to kindel so thier informat...

    Erin’s Answer

    It's your call, but I'd tell the lawyer what you want, or no dice. The theif with have to pay restitution if he doesn't strike a deal which will likely be at least the price of the smaller tablet anyway, so you really got nothing to lose. If the theif doesn't agree he'll end up with a conviction for theft most likely which will cost him a lot more than the difference in the price of the tablets. Hope that helps- good luck.

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  • Can I get charges dropped?

    Recently was caught stealing sleeping aid at a store. The total came to be $14. Police were called and I got cited and charged with a misdemeanor. I have a non-criminal misdemeanor on my record in another state from over 2 years ago. I still have ...

    Erin’s Answer

    You can likely avoid jail. There are a variety of options available including working out a civil compromise with the store, or potentially even entering deferred prosecution program if you have an issue that requires treatment. Criminal case consultations are usually free, so I'd suggest talking to an attorney as soon as possible to discuss your case.

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  • Do I have to show up to court for motion to remove no contact order?

    I have received a motion docket and court date in the mail to have a no contact order removed between myself and my boyfriend. I work full time and my job is not flexible and will not allow me the time off to go to court. I want the no contact ord...

    Erin’s Answer

    Showing up in person is best, but you can always file a written statement supporting the motion to terminate the no contact order. The court in Clark County won't likely entertain a phone appearance for this type of matter, but it never hurts to ask. Good luck!

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  • How many times will cowlitz co retry the same case where a hung jury is declared??

    I have been through a trial that ended in a hung jury. They then set me a court date to set new trial dates. How many times will this potentially happen?? Is there a limit?? Any laws that cover this??

    Erin’s Answer

    Until they get a conviction, or until you agree to plead guilty to something.

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