Claimed Lawyer ProfileQ&A
- Criminal Law
- Juvenile Law
- DUI & DWI
Jurisdictions Admitted to Practice
- Washington State Bar # 30494
- - Current
Websites & Blogs
- Azure Law Office Website
5 Questions Answered
- Q. can i own a firearm if i have stayed out of trouble from 3/7/2006 with a vucsa : possession w/intent to manufacture
- A: You cannot possess a firearm unless you have had that right restored by a court of law. However, if you have no other history, based upon those charges and the length of time, you may very well be eligible to restore your rights pursuant to RCW 9.41.047 Restoration of possession rights. Best of luck to you!
- Q. What would be my next step after a judge refused to properly inform me of all the elements in my charge?
- A: Understanding you do not wish to have an attorney represent you, based upon your question I would recommend your next step be to speak with an attorney to explain the process. The Court has not charged you with a crime, the prosecution has. The Court is required to advise defendants of their rights at arraignment, ensure that the true name and date of birth are provided and go through the elements of the crime - which usually will name either the City or the County and in the State of Washington. You may have received a copy of the charging documents which should allege the elements of the charged crime, including jurisdiction. It is unclear what you mean by your statement that you are "not seeking legal advice, I'm seeking legal intent". If you weren't looking for legal advice you would not be on here asking questions about how to proceed next. There may be an issue with your case, but I would suggest you contact an attorney in your jurisdiction or county to fully discuss and review the discovery. Best of luck to you, Jennifer
- Q. can an off duty cop from a neighboring county detain me and run my name then search me? Isn't that an illegal search?
- A: The easy answer...It depends. A licensed law enforcement officer is authorized to perform their duties even when they’re off duty. These cases are highly factually specific. It depends upon the contact that was made and the situation that surrounded that initial contact. So when that officer ran your name and discovered a warrant, they have an obligation to make sure you were the correct person, determine whether or not it was a valid warrant and if so arrest you. The fact that the warrant was out of a different county probably doesn't matter as law enforcement officers are able to enforce orders out of other jurisdictions. (For example... if the officer was out of Benton, you were in Franklin and the warrant was out of Adams, the officer can still enforce the law.) Based upon that arrest, the officer does have the right to search your person incident to arrest. You may have an argument depending upon the circumstances surrounding the contact and the search of your backpack. Again, these cases are very factually specific. If it was a bad contact, then all evidence could be tossed. You should talk to an attorney regarding the facts you have provided and the officer's report. There may be some issues in your case that a skilled attorney can help you with on your case.
- Q. How to restore my rights to bear arms from a non gun affiliated felony conviction back in 1997. I was told after 7 years
- A: You can petition the court to restore your firearm rights if you have successfully completed all of the conditions of your sentence, have been free of criminal convictions for five or more years (since this was a felony), not currently charged with any felony or misdemeanor charge and have never been convicted or found guilty but insane of any of the following: sex offense prohibiting firearm possession, an A felony or crime with a maximum sentence of at least twenty years. Depending upon those other factors, you may be eligible to restore your rights. In order to determine this, you should contact an attorney either in your jurisdiction or the jurisdiction in which you were convicted to discuss your options and the process. Best of luck to you!
- Q. My 14 yr old son was charged with 4th degree assault and arrested what will happen to him
- A: Your son should qualify for a diversion agreement if he has no prior criminal history and no prior diversions. This would be completed instead of an actual court action against him. He may be required to attend a class, meet with a diversion board or some type of remedial service. The benefit of a diversion is that it is even more of a rehabilitation system than juvenile court and there are no findings of guilt. I am not familiar with your jurisdiction in Vancouver specifically, but based upon the information provided, this would be a mandatory diversion. The State may also amend the charge to a lesser charge such as disorderly conduct, which may be appropriate - if not outright dismissed. I would recommend contacting a juvenile attorney in your area to sit down and discuss the process. Best of luck to you and your family.
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