Can the 924c law effect someone being charged with a conspiracy/importation of drugs just by having personal firearms?: My husband is being indicted of conspiracy to import and distribute drugs and the feds are also charging him with guns because he is a collector of firearms, but never has used them in any crime if at all. Does the 924c stacking law mean just by having personal firearms and allegedly committing a crime, a person will get a mandatory minimum? even if the firearms weren’t misused or even used at all can they still add the gun offense?
Emily’s answer:
I address what is required to prove a 924(c) charge on my website here: http://emilygauselaw.com/law-library/#federal-c...
If you have additional questions, I'd be happy to answer them.
What would the charges be for a minor break and enter?: A minor (14) broke into a house and stole various items what would the charges be
Emily’s answer:
Residential Burglary. If someone breaks into a house with an intent to commit a crime (theft), they are guilty of residential burglary which is a Class B felony in Washington. With no criminal history, a 14 year old convicted as charged of residential burglary would be subject to local sanctions (0-30 days of confinement and/or up to 12 months of community supervision/probation and/or up to 150 hours community service).
I disagree with my colleague's answer, a 14 year old with no criminal history is NOT LIKELY to be declined up to adult court. If you have other questions, feel free to call a criminal defense attorney who specializes in juvenile defense. Most attorneys offer free 30 minute phone consults. Good luck!
How and how much does it cost to get my criminal history expunged: I was convicted in 2009 for 4th class possession of marijuana, paraphernalia, and driving on a suspend license.
Emily’s answer: Check out my legal guide https://www.avvo.com/legal-guides/ugc/clearing-.... It appears you are eligible if you had one judgment and sentence for possession of marijuana, paraphernalia and DWLS 3. The appropriate amount of time has passed to make you eligible for vacating. Whichever attorney you hire will need to pull your court records to be sure. Good luck!