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A good friend of mine is currently going through some legal trouble. Him and his attorney have finally come to a conclusion with the prosecutors on something they can agree with. A deferred judgment with a condition of two months in jail. Even though he trusts his lawyer, he has some questions for me and wants a second opinion: 1) The DJ is supposed to be a one year period, where after that period is done and my friend has not been convicted of any crimes, his record is wiped clean. However, according to this site (http://criminal.lawyers.com/Criminal-Law--Procedure-FAQ.html) it says, "While the defendant is free to say he's never been convicted of a crime, the guilty plea could have possible future ramifications. For example, deferred judgments are counted in computing a defendant's criminal history score under the federal sentencing guidelines." What does that mean? 2) If someone does search his record within that year, what will show up? According to him, he says that on his record it will say that these felony charges will be pending, and upon completion of his jail time and a year of being clean, everything will be wiped clean. Is that the case? 3) What are the terms of traveling while you have a deferred judgment? 4) Within that one year period, and if my friend is filing an application where it asks him, "Have you ever been convicted of any crime," will he have to say Yes? Thank you.
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Feb 20, 2010 20:40
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I got a deferral on a speeding ticket in December, I just recently got a parking ticket for not having front plates, will that affect my deferral?
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Feb 27, 2010 22:51
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Incredulous Red posted:Where are you? I found this: "Conditions of the deferral may include no traffic infractions or criminal traffic violations for twelve (12) months from the date the court enters the deferred finding." I'm guessing a ticket for no front license plates visible is not a traffic infraction.
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Feb 27, 2010 23:18
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If someone is dealing with some cases in the US, with sentencing in a few months, could that person travel out of the country? My friends grandma is extremely sick and he needs to go to Japan to go see her. Would it be just as simple as his lawyer talking to the courts or would it be more complicated then that?
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Mar 4, 2010 06:34
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If someone is getting a deferred sentence / deferred judgment for a felony and the period is two years until it goes off the record. Does that mean that that person will be a convicted felon for those two periods, or anything to do with a felony will show up on his record?
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Jun 15, 2010 21:17
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joat mon posted:Generally, a deferred sentence is where the person pleads guilty and the judge defers a finding of guilt (i.e., a conviction) and the sentence for a set period of time. If the person behaves during that time, the judge will allow him/her to withdraw his/her plea of guilty and will dismiss and expunge the case. So for the question "have you ever pled guilty to a felony" will he/she have to answer "yes" for the rest of his/her life? Or can he/she truthfully say "no" after the deferred period is over? Also, what is their condition on traveling to other countries? I know that some countries, especially Asian countries, don't like it when felon's travel to their country. I guess since he/she is not a convicted felon, it does not matter. Do you know anything about this? Thank you.
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Jun 16, 2010 00:09
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"The defendant understands that during the deferred sentence period, if he is ever convicted of a felony offense or an attempt or conspiracy to commit a felony offense as a result of a violation of this deferred sentence, or if he is convicted of a domestic violence misdemeanor offense as defined in 18 U.S.C. sec. 921 (a)(33)(A), including an attempt or conspiracy to commit a misdemeanor domestic violence offense, the provisions of the crime of Possession of a Weapon by a Previous Offender, C.R.S. 18-12-108, will apply. That statute prohibits the possession, use, or carrying of a firearm or other weapon covered within that statute by a person classified as a Previous Offender, and makes a violation of that statute a felony crime, punishable by a prison term, fine, or both." Does this mean that the defendant while on the deferred sentence cannot possess, use, or carry a firearm? Or if that defendant is convicted of a misdemeanor / felony while on the deferred sentence he or she cannot carry a firearm?
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Jul 27, 2010 01:54
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Alaemon posted:I have done no research into the statute at issue, nor am I offering advice specific to the facts of any individual defendant's case. I appreciate your help and I'm sorry but I'm still having a hard time understanding even what your read on it is. Since it's a deferred sentence, there is no conviction. So what do you mean when you say anyone convicted under this statute? I'm assuming you're just saying that while this defendant is on his deferred sentence and he becomes convicted of another crime, he or she cannot posses a weapon, correct?
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Jul 27, 2010 20:13
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A few months ago my friend won a case where the evidence was suppressed in court. The one and only testimony came from his then-girlfriend (now ex) who took the stand. Now, his ex-girlfriend wants to sue the state for emotional damages since she was arrested with him. This was all his lawyers idea and said that it would be an easy case and they would more then likely settle out of court. His girlfriend suffered no emotional damages and will be scamming the state and committing perjury if she decides to go through with this. My friend is concerned and irritated that he was the was the one who initially went through all this trouble of having a felony case/charges over his head and the stress of going to trial while she didn't have to deal with any of it. And he says that it is ridiculous that she wants to sue the state to get a settlement while he is in over $50,000 in debt with lawyers fees. What should my friend do about this? He doesn't want the money and is counting his blessings for the outcome of his case and does not want to be reminded of it anymore. He also does not want his name included in a lawsuit against the state when he doesn't want anything to do with it. Busy Bee fucked around with this message at 07:56 on Aug 18, 2010 |
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Aug 18, 2010 07:54
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Phil Moscowitz posted:There's nothing he can do to stop her from filing her own suit, but if he thinks the lawyer is going to include him as a plaintiff and he doesn't want to be, he should make sure that he puts it in a letter to the lawyer that he has no interest in bringing the suit. If the lawyer files on his behalf anyway, report him to the bar association. To make things more clear, there was illegal activity going on in their house when they were both arrested. She wants to sue the state for wrongful arrest and say that she had no idea what was going on and had no reason to be arrested. Of course she knew what was going on and even partook in it from time to time. Can you explain the last part of your post? She wants to file the suit alone without my friends approval or knowledge. Will that even be possible or will she need him in this suit? Thank you for your help.
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Aug 19, 2010 06:51
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Phil Moscowitz posted:First, just realize that I don't have all the facts so I really can't give you a full answer. I talked to him and showed him your post. It is my understanding that he would not have to give a deposition and that the facts are already there. The original lawyer who represented my friend was going to take the case and represent his ex. However, his lawyer needed his approval first, and he said no. So his lawyer is recommending some other lawyers for her if she wants to pursue this case further. To give even MORE detail of what happened and with my friend's approval, there was drugs being sold out of the house. All the drugs were located in his room with his stuff. When the police came for a disturbance, they illegally searched the house and found the drugs. They arrested both on the spot. However, once the charges were filed, she was not included. Once she testified during the trial, she said that she did not know what was going on in the house.
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Aug 20, 2010 01:58
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Is there a way to check in WA state if a civil case has been filed? I'm assuming that it is all public record?
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Sep 9, 2010 21:10
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I will be driving into Canada from the US this weekend and will be bringing a friend who is on a non-supervised probation. Technically, he is not supposed to leave the country. His understand is that just as long as he does not get arrested in Canada, he will be fine. Are we going to have trouble crossing the border?
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Jan 21, 2011 04:21
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In a situation where someone overdosed and passed out, and the police search the person and find contraband on him or her, can they press charges? This is in a state with a good samaritan law but does that apply to the person?
Busy Bee fucked around with this message at 19:05 on Mar 3, 2011 |
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Mar 3, 2011 18:45
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eviljelly posted:"Good Samaritan law" can describe a number of things (duty to assist, immunity for those who assist), but I don't see how any Good Samaritan law would act to prevent a cop from charging the drug user, just because s/he passed out. http://www.heraldnet.com/article/20100607/NEWS01/706079913&news01ad=1 "Under the new law, people will not be charged with drug possession if police obtained evidence for the charge only because the person called 911. The victim also won’t be charged with drug possession."
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Mar 3, 2011 19:50
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joat mon posted:This is a good law. Unfortunately, the traditional 'good samaritan' law won't cover your fact pattern. If you are in WA, good for you. If not, what state? Fortunately, this did not happen to me but rather my friend. And yes, he is in WA state.
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Mar 3, 2011 21:16
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I was recently involved in a hit and run where I was pushed off the road into the shoulder and then into a pole. The police officer had the nerve to give me a $124 dollar ticket for "driving on the shoulder" when my car was pretty much totaled. He said that he could tell by my "body language" that I was lying.... I am obviously going to dispute it, but I am curious on whether I should get the usual traffic lawyer for $300 or if I should fight it myself.
Busy Bee fucked around with this message at 21:29 on Mar 12, 2011 |
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Mar 12, 2011 20:32
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Is there any advantage on having a lawyer get the police records from an arrest rather then the one arrested for the crime going in and requesting the records?
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May 22, 2012 09:43
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If a defendant posted his/her own bail when they were in custody, when do they get their bail money back? Is it after everything is completely finished or after attending a certain court hearing? Is there a way to contact a bail bondsman and pay the 10% fee to get the original bail money back?
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May 25, 2012 20:26
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My friends lawyer spent logged in over $7000 preparing for a trial (interviewing witnesses, writing trial brief etc) and on the week before trial when they were supposed to set the date, the prosecutor offers 25 hours of community service to have the case dismissed. My friend has two choices, take the 25 hours and do community service, or pay another $3000 towards his lawyer for the trial. To me, this doesn't really sound fair? Or is this just how the justice system works?
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Oct 26, 2012 22:58
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Speeding Camera Ticket question: I received a speeding ticket via camera for going 34 mph in a 20 mph school zone. I was driving my parents car and the ticket was sent out to them, the registered owners of the car. They are going to submit a declaration of non-responsibility form so that they will not be responsible for the ticket. However, does that mean that I will be responsible for the fine? I would only assume so but I'm not positive. The form: http://www.kingcounty.gov/courts/DistrictCourt/~/media/courts/DistrictCourt/Citations/BEL_Non_Responsibility.ashx
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Nov 27, 2012 00:51
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I have a lawyer billing dilemma that I need some advice with. I hired a lawyer because I was wrongfully arrested for an obstruction of a public servant charge. I admit that the first mistake that I did was not figure out how much this was going to cost. I assumed that a few thousand dollars would be expected. I put aside that much cash and dealt with it, regardless of how frustrated I was for having to go through this stupid ordeal over nothing. From the beginning, my $250/hr lawyer told me that my best option was to take this to trial. He told me that since this case was complete BS it would more than likely be dismissed early on. He proceeded to interview the officers and spent a lot of time preparing for the trial. It went to the point where my girlfriend and I were asked to come in so we could prepare for the case. At that point I asked him for the billing information... I was absolutely flabbergasted. Even without going to trial, my lawyer has logged in over $10,000 worth of his time. Including billing me for the time he drove 1.5 hours to interview an officer in a completely different county, and billing me for the time he spent to come back... including the gas mileage he spent. His reasoning was that he could not get a hold of the officer, and since he was in that county for another court case, he interviewed the officer in person. Another issue I had with his billing was that for one of the court dates he went on vacation so he had to ask another lawyer in the firm to represent me while he was gone. This lawyer charged $400/hr for his work and billed me over $1,000 for the two hours he spent sitting next to me in the court room. Everything just seems too excessive and now I have over a $10,000 lawyer fee that I was not expecting over a case that I believe did nothing wrong and was wrongfully arrested for. Should I talk to my lawyer about the excessive billing that I mentioned above? Or should I have expected this from the beginning? Busy Bee fucked around with this message at 01:23 on Dec 4, 2012 |
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Dec 4, 2012 01:20
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euphronius posted:Nothing in there sounds excessive to me. High yes but not excessive. Depends a lot on your location. I know I am the one to blame for not discussing the costs before they went through with everything but charging me for the 3 hours roundtrip you took to drive to interview an officer and throwing a more expensive lawyer to represent me while you were on vacation seems too excessive. Not only that, but calling me every week or two to give me small updates on the progress of the case... "So far nothing yet, talked to the prosecutor, left a voicemail with the officiers, etc etc" dragging it on for minutes and charging me for that when it is completely unnecessary seems excessive. I just don't know. I am a young and poor unemployed college graduate who cannot find a god drat job and was not expecting this. I put aside my small savings that I've collected over the years that I was planning on buying a cheap car with but now I'm stuck with this bill because of two aggressive cops who had nothing better to do then wrongfully arrest me and lie on the police report over this bullshit obstruction of a public servant charge.
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Dec 4, 2012 01:50
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euphronius posted:Everything you describe is perfectly normal lawyering. I've completed my community service and I have my final court date in a month or so to either take this to trial or show proof that I completed the community service to dismiss the charge. Can I just respectfully tell my lawyer that I cannot afford his services anymore and that I will just go in by myself and show the court proof that it's completed. Would that be out of line? zachol posted:Could Busy Bee sue the state or something for the fees? Ive wondered this as well. I was absolutely at no fault for my arrest. The officers blatantly gave contradicting and wrote flat out LIES in their police report and my lawyer was prepared to go to trial but I simply could not afford another $3000 for the trial. Busy Bee fucked around with this message at 02:01 on Dec 4, 2012 |
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Dec 4, 2012 01:56
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EAT THE EGGS RICOLA posted:Did the lawyer give you a ballpark estimate for what getting to each stage would cost? No. woozle wuzzle posted:Busy Bee, did you pay the attorney a big wad upfront with that car money? Or do you still owe a $10k bill? I have a $10k bill. Well what happened was that during the last hearing to set the trial date, the prosecutor talked to my lawyer and offered us X amount of community service hours to have the case dismissed. Even with that news, I was immensely pissed off. Not only do the two rear end in a top hat cops get to walk off with absolutely no accountability. I just spent close to $10,000 to just have the prosecutor give me X amount of community service hours to get it dismissed. I don't know, it just ticked me off so I wasn't able to give a concrete decision at that point, so my lawyer just set the next court date a few months in advance so I could have time to decide. Funny thing was, my lawyer was going on about how this is great news for everyone: we don't have to go to trial and you just have to do X amount of community service hours and its dismissed! Yes.... but I didn't do anything wrong... I was wrongfully arrested... and the community service hours that I could do is the same amount of hours you have spent on this case and charging me $10,000 for.... I definitely think I will talk to my lawyer about some of the excessive charges, especially the one where I was charged more while my main lawyer was on vacation. I just cannot justify how that would be okay. Lastly, is there any way I can have the state pay for my lawyer fees? At this point, if I knew it was going to cost this much, I would have gone forward in a different way especially if I knew that my lawyer was going to milk every single opportunity he had to charge me for his $250/hr fee... including mileage to get to court and driving 3 hours roundtrip without my approval to interview someone. I understand the $250/hr fee when doing legal research or writing up a trial brief and what not, but I just don't understand how driving and sitting around court can justify that cost. It is what it is I guess. I learn from my mistakes. ibntumart posted:Did you and your lawyer sign a contract that set forth the scope of your lawyer's services and the fee agreement? I signed off on a form that said his hourly rate was $250/hr. As mentioned previously, I did not go over the costs with them which was completely my fault and mistake. Busy Bee fucked around with this message at 04:20 on Dec 4, 2012 |
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Dec 4, 2012 04:07
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terrorist ambulance posted:I'd be pretty surprised if you didn't have to sign a retainer that had his fees in it already. If I remember correctly, I signed off on a form that mentioned his $250/hr hourly rate. No mention of how much each stage would cost or anything. My lawyer mentioned that it was a complete surprise to him that we were offered community service hours for a dismissal and it was probably primarily due to the trial brief that he wrote and how ridiculous the charges were in the first place. And yes, I can't go two sentences without talking about how awful the cops were because they were awful, aggressive, assholes who arrested me. I'm not some idiot who goes off and shifts responsibility on the judges, prosecutors, justice system etc whatever saying how innocent I am because those drat pigs arrested me for a gram of weed. I am an innocent person who was arrested and charged for being at the wrong place at the wrong time and now having to deal with a lawyer bill. Busy Bee fucked around with this message at 04:23 on Dec 4, 2012 |
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Dec 4, 2012 04:20
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terrorist ambulance posted:Pay your bill, do your community service, don't pick fights with the cops no more. I did my community service, thanks. And I didn't and have never picked a fight with the cops. Yes, I hired a professional and got a good outcome because of his work. But I have every reason to cry about how he excessively charged me and traveled 3 hours on MY DIME without consulting me to interview an officer. Am I really in the wrong here to criticize their billing? Busy Bee fucked around with this message at 04:30 on Dec 4, 2012 |
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Dec 4, 2012 04:28
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Man, you guy's are rough! Going through my post history and basically assuming that since I talk and ask about illegal drugs I must be a criminal who hates cops. Yes, I did post something in this thread a week or two ago asking about my "friend" when in reality it was me. And no, I did not know about the costs then besides the rough $7000 estimate my lawyer gave me after I asked him how much he has billed so far (Which I already mentioned in my previous post). That is when I was flabbergasted at the price and where he mentioned that it was going to cost around $3000 more to go to trial... all of this I already mentioned in my posts here. Also, it was at $7000, but then he charged me for the stand-in lawyer at $400/hr and other various charges so now it's closer to $10,000. The only fee agreement was that he would charge me $250/hr and that is what I signed off on. There was absolutely no mention that this would cost upwards of $10,000. Is it really that hard for some of you to give me the benefit of the doubt and understand that both parties (my lawyer and I) have made mistakes but I am just extremely flabbergasted at a $10,000 bill for a simple misdemeanor charge that had no weight to it? Especially coming from a unemployed student? I don't give a gently caress about buying a couple thousand dollar car, I can keep taking the bus or borrow a friends car, but it was the $10,000 bill and the excessive charges I was complaining about. I've received some great advice here and will use it wisely. Thank you.
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Dec 4, 2012 21:39
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euphronius posted:How much time were you looking at for the charge. I have no idea. I didn't even think of it because I knew I was innocent from the start. My lawyer never discussed it with me and was on my side that this case was complete BS from the beginning even with just the contradicting police reports. But regardless, thank you everyone for your advice and help. I'm done going back and forth about this and I'll be glad when I can put all of this in the past and move on. Thanks.
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Dec 4, 2012 21:44
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El_Elegante posted:Don't be such a hyperbolic jackass. If you're routinely engaged in illegal activities it's highly likely that you are eventually going to deal with law enforcement at some point. It should not have a come as a surprise to you. In fact if you are going to be a recreational drug user, you may as well budget for the legal costs of your hobby. Oh please. Get the gently caress over yourself. Drugs and alcohol had nothing to do with my arrest that I've been talking about for the past few pages. It's amazing how you can assume how I live and criticize my lifestyle over some posts that you've looked back on. Really, it's amazing. Seriously, I'm waiting for you to go over my Something Awful rap sheet and tell me how many times I've been put on probation relates to my arrest that I've been talking about. rear end in a top hat. Busy Bee fucked around with this message at 22:36 on Dec 4, 2012 |
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Dec 4, 2012 22:33
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Wow. I didn't come here to receive sympathy about my charges, I came here to receive advice for what I thought was excessive billing by my lawyer. Which some people have agreed with and gave me great and helpful advice, while the rest of you decided to go over my post history and assume that since I've talked about drugs and illegal activity, I'm some hosed up ignorant rear end in a top hat drug addicted kid who has no right to complain about their lawyer fees because hey! he should have known better and put some money aside and budgeted my lawyer fees because of my illegal activity.
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Dec 4, 2012 22:57
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I received a traffic ticket today and I believe that the Officer is charging me with something that is not applicable. I mistakenly merged onto the highway via a carpool entrance that I was not aware of - 100% my mistake. However, the officer is charging me for "Failing to Obey a Lane Control Device" - "When a lane control device is placed over a street or a highway, vehicle may travel in any lane where a green signal is shown, but not enter where a red signal is shown". But where I was pulled over and allegedly committed the infraction, there is no lane control device at all. I believe with that in mind, I could challenge the infraction and get this dismissed. Any thoughts on this?
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Mar 8, 2015 06:00
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xxEightxx posted:State and statute/vehicle code? WA State http://apps.leg.wa.gov/rcw/default.aspx?cite=46.61.070 There are three lanes on where you can merge onto the highway. The left two lanes are controlled by the red / green light while the lane on the right is carpool and there are no lights. Like I mentioned before, I did not notice that the lane on the right was carpool only so I merged onto the highway on that lane.
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Mar 8, 2015 06:08
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Chicken Doodle posted:Wouldn't the lights constitute a lane control device that you failed to obey by being in the lane you weren't supposed to be? That's an interesting one. My understanding is that the "Lane Control Device" are the devices that you see above a highway / street with the green or red arrows. Busy Bee fucked around with this message at 06:55 on Mar 8, 2015 |
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Mar 8, 2015 06:14
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Lobsterpillar posted:Any sort of sign or road marking can be considered a traffic control device (whether or not thats the same as a lane control device I don't know, but my guess is lane control device is a subset of traffic control devices). If you were in a lane you weren't supposed to be in you may be in, and it was marked as such, then the police can probably make a "failure to obey lane control device" charge stick. But the statute specifically states: When lane-direction-control signals are placed over the individual lanes of a street or highway, vehicular traffic may travel in any lane over which a green signal is shown, but shall not enter or travel in any lane over which a red signal is shown. http://apps.leg.wa.gov/rcw/default.aspx?cite=46.61.070
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Mar 8, 2015 07:36
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If someone has no convictions but a few arrest records from 2011 and 2012 - is it a fairly simple process to seal those records so if someone does a background check, no record of the arrest shows up? Obviously this is something that requires a lawyer to perform but are courts generally pretty lenient on granting these wishes?
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May 8, 2015 18:45
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A friend of mine is trying to get an arrest record from 2007 for a possession of Marijuana deleted off her record. She was never convicted and the disposition states that it was a bail forfeiture following amendment to infraction of liquor in park. The request to delete the arrest record was denied due to "bail forfeiture is adverse information and is not subject for deletion". What does that mean?
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Nov 3, 2015 23:25
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xxEightxx posted:What do the records say. Was plea of guilty (or similar) entered? Also what state. This is in WA state. Not 100% on the plea, will follow up with her tomorrow. BgRdMchne posted:Did she ever fail to appear at a court hearing and forfeit a bond, and does the statute in whatever state you're in prohibit expungements in that situation? Not that I am aware of - but will follow up tomorrow. She told me that she was arrested for possession of marijuana back in 2007 and she took a plea of liquor in a park which would be dismissed after completing X amount of community service hours. Seemed like a pretty straight forward process. She even showed me her official FBI records and she has no convictions but just an arrest for the possession of marijuana back in 2007.
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Nov 4, 2015 02:22
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Followed up with her and this is what I found out through her court docket. Arrested for misdemeanor possession of marijuana and both parties reached a disposition where the defense moved for bail forfeiture. The charge of possession was amended to liquor in park. The court granted the bail forfeiture of $50. 8 years later after submitting a form to remove the possession arrest record - they sent the form back saying "bail forfeiture is adverse information and is not subject for deletion". Arrested in April 2007 Pretrial hearing in June 2007 Motion hearing in beginning of August 2007 Pretrial hearing in middle of August 2007 - parties reach disposition here / defense moves for bail forfeiture. Busy Bee fucked around with this message at 02:13 on Nov 5, 2015 |
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Nov 5, 2015 00:17
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joat mon posted:Lawyer time. Try to get the original lawyer to explain 1: what happened and 2: how to fix it. If that doesn't work, talk to crim lawyers in the jurisdiction where the case happened. If they can't answer those two questions, ask them who they world recommend, then go ask that person the same questions. Repeat as needed. I don't understand - can you explain why and what happened where it's time for a lawyer? What needs to be fixed?
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Nov 5, 2015 02:00
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