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Justin T Collier

Justin Collier’s Answers

7 total

  • Can you be arrested for driving without a license if you are not in the car, there is no key in the ignition, car is not running

    I was arrested for dwl by an officer that knew I had no license because he saw me in my car with my door open putting on fishing boots. the car was not running, not moving ,with no keys in ignition, and did not attempt to contact me until ...

    Justin’s Answer

    You need to consult an attorney or ask for a public defender. A big issue in the case is if you made any statements to the officer.

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  • My husband left our marriage approximately two years ago and i have not spoken to him.

    I am in the process of divorcing him and I realized this year he claimed me on his tax return. I tried to file married, filing separate, but my tax return got rejected and told me it was because someone had already claimed me. He has not been in...

    Justin’s Answer

    He claimed you or he claimed a child you guys have in common? You can't claim your wife on a tax return.

    I'm guessing he may have filed single and claimed you? I have no idea how else he could have handled it. Your tax return is getting rejected because they handle that electronically and your social security number is associated with another tax return. You'll have to file correctly and mail your tax return. The IRS will sort it out eventually it just makes filing electronically impossible.

    If he claimed a child of yours without a court order and he's not paying child support then you should go to court.

    Good luck. If you have the funds available you should hire an attorney to address the issues as they are frustrating but if you're waiting for money for school that might not be possible.

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  • Need low income or free attorney for Whelan Co . to represent me in sealing my juvenile case satyrs old .

    ( Whelan Superior Ct . Child Molestation 3rd Sentenced 6 / 5 / 1998 satyrs with no re - offense's I have a current Superior case giving me some time to seal this case to be allowed E . H . M . I've called all I can find in the yellow pages...

    Justin’s Answer

    You'd need an attorney to do this but my experience tells me you're not going to be able to seal a sex offense case because you can't get around RCW 43.43.830.

    If someone out there thinks I'm wrong I'd be all ears.

    Good luck with EHM on the new charge.

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  • Legalities of breath test and blood test in DUI Case

    Dui Charge, was taken into station. Breath test registered incomplete, tried 2 more times, Officer said I refused. Have had open heart surgery and more recently shortness of breath. I Asked repeatedly for a Blood test, Officer non respionsive, ...

    Justin’s Answer

    You should absolutely contest it. If there is a medical issue that prevents you from performing the BAC test they need to give you a blood test.

    You should hire an attorney right away. If the test is marked as refusal you only have 20 days from the date of arrest to request a DOL hearing and if you don't request that hearing your license will be automatically suspended.

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  • Will my juvenile record cause problems for me as an adult?

    When I was 17 I stupidly shoplifted some stuff I really didn't need. I got caught by loss prevention at the store and they called the police who showed up and charged me with theft in the third degree. Since then I have turned 18 and received cour...

    Justin’s Answer

    There's a lot of issues that an attorney needs more information about in order to answer this question. If you were 17 when the offense happened but have since turned 18 and the case is still pending you were be sent to adult court unless the juvenile court retained jurisdiction before your 18th birthday.

    In Chelan County if you do not have any criminal history and are charged with only a misdemeanor in Juvenile Court you will be automatically diverted, which would mean you would not be convicted of the crime. They would most likely have you complete 20 hours of community service.

    If you have criminal history already and the case is in juvenile court then you have to go through the court process. If convicted your record is not automatically sealed but you can go through the process to seal it and the Court has forms for you to use. You have to wait 2 years to seal the records though and you must pay off your fines and restitution.

    Make sure you either hire an attorney or speak to your public defender.

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  • I want to move out of state with my Son. What would make a judge stop me from doing this?

    We currently do not have a parenting plan in place. But I want to set one up. My Son is with me every day and goes to his Dad every other weekend from Friday at 3:30pm until either Saturday night or Sunday at 2:00pm. We were never married but he p...

    Justin’s Answer

    There is many variables to this question that you have not addressed. They would be things such as the age of your son, the thoughts of his father on the move, etc.

    I'm assuming since he pays child support there is an order in place through Support Enforcement? That may be wrong though and you may have both agreed on the parenting plan and the child support by yourselves.

    Technically because there is no parenting plan in place you don't need a judge's permission to move because there is no current order. However, by the phrasing of your statement, I'm assuming that the father would immediately file an action to begin a parenting plan when you left and since I'm assuming Washington State has jurisdiction you'd be forced to come back and deal with the issue.

    Assuming the above and further assuming that the father is contesting this move I could see a Judge taking a hard look at this case based on the substantial distance that you would be moving and the reasoning behind that move. It sounds as if you want to move based on your significant other. This move would substantially impact your son's visitation with his father and most likely make visitation much smaller.

    A lot depends on your specific scenario and the relationship of your son with his father.

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  • WA state criminal code, procedure to expunge seal criminal history, record

    One was arrested and got deferred sentence. After one year probation, the case is dismissed. What does "dismiss" mean? After the case is dismissed, If doing a background check, what could be found? Does the charge show in background check? ...

    Justin’s Answer

    It sounds as if you did a "true" deferred sentence. This is when you enter a guilty plea and if you comply with all terms of your probation (pay the fines, stay out of trouble, do any jail time, etc.) then the case is dismissed. In my experience it shows as DD on your criminal history which is dismissed on a deferred.

    The background check will most likely show these charges at this time. You are free to answer that you have never been convicted of a crime as the charge was dismissed, but it would show on a private party background check. You would need to seal and expunge the record.

    You could try this yourself or contact an attorney. The way you seal and expunge differs on whether the charge was a Juvenile charge, misdemeanor charge, or an adult felony.

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