Go To Your Anti-Harassment Hearing!

On behalf of everyone here at the Evanston Law Group, thank you for taking the time to read our blog. We hope to provide you with helpful insight into the legal process. Now, on to Part 2 of Ms. Burgett's blog series regarding obtaining an Anti-Harassment Order. This blog is entitled Go to Your Anti-Harassment Hearing!

If you have been served with a notice of hearing regarding an anti-harassment protection order, be sure you appear at the hearing!

If you don’t appear, the judge will likely issue the final order against you. And note that violating a protection order can be prosecuted as a crime; you can be held in contempt of civil court.

Both petitioners and respondents should go to these hearings well-prepared with witnesses, evidence, and a solid legal argument or defense. However, be aware that these hearings are different from what you may expect a court hearing to be. The normal rules of evidence do not
apply. Evidence generally not admissible in any other legal proceeding may be admissible in an anti-harassment hearing. Sometimes the protection order may be granted based on nothing more than the word of the petitioner.

So, don’t delay in preparing for your hearing, and be sure you’re in court on that day!

Whether you’re the petitioner or respondent for an anti-harassment or domestic violence protection order, we can represent you. Contact the Chinn Law Offices, PLLC at (206) 957-0888 or email wchinn@evanstonlawgroup.com.

Anti-Harassment 101

This week, we are featuring a new regular contributor here at the Evanston Law Group Blog. Without further ado, please welcome Ms. Jamie Burgett to the Evanston Law Group Blog. Her first post will be regarding obtaining an order for Anti-Harassment:

Anti-harassment protection orders are a valuable tool for people who legitimately need protection from another person who is unlawfully harassing or stalking them. These protection orders will restrain a person from coming near you and/or making any attempts to contact you.

Unlawful harassment is defined as “a knowing and willful course of conduct which seriously alarms, annoys, harasses, or is detrimental to such person, and which serves no legitimate or lawful purpose.” The conduct may be a series of acts over a period of time, regardless of how short, and may include any form of communication or contact, including the sending of an electronic communication. The conduct must be such that a reasonable person would suffer substantial emotional distress. (See RCW 10.14.040; RCW 10.14.080).

If you are being harassed or stalked by someone, or fear your safety or the safety of your family, we can represent you. Contact the Chinn Law Offices, PLLC at (206) 957-0888 or wchinn@evanstonlawgroup.com.

MAILING IN YOUR REQUEST FOR A CONTESTED HEARING

When you’ve checked the contested hearing box for your traffic ticket, what do you do next? There are two more things. First, please make a copy of the ticket for your attorney and/or your records. Second, please mail the original ticket to the Court via certified mail and return receipt requested. You have 15 days from the date of the infraction to mail in the request for the Contested Hearing.

You might be asking “Why do I need to send it via certified mail”? Courts lose paperwork. That’s just the nature of the court system. Courts are swamped every day with all kinds of legal matters. We need proof that the request for the Contested Hearing was requested in a timely manner. A certified mail slip helps show the Court that you mailed something and a return receipt shows that someone signed for what you mailed. Having both a certified mail slip and a return receipt is a good idea in the event the court or the post office loses your paperwork.

If a Court tells you that you did not request a Contested Hearing in a timely manner and you don’t have any proof, don’t panic. Please contact Warren Chinn of the Chinn Law Offices, PLLC at (206) 957-0888 or via e-mail at wchinn@evanstonlawgroup.com and let’s see what we can do together.

Cookies!!

We here at the Evanston Law Group blog hope to share with you more than just informative legal discussions. We hope to share some of our other passions with you. In this case - cooking.

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I would like to share a recipe for some delicious chocolate chip cookies that was given to me by a very grateful client. I helped her with her traffic infraction and several days later she gives me these wonderful cookies. The cookies were so tasty that I had to ask her for the recipe. Here it is for all to enjoy.

CHANEL RAM’S SUPER SWEET CHOCOLATE CHIP COOKIES

1 cup butter softened

1 cup white sugar

1 cup packed brown sugar

2 eggs

2 teaspoons vanilla extract

3 cups all-purpose flour

1 teaspoon baking soda

2 cups semisweet chocolate chips

1 cup chopped walnuts (optional)

This yields to make 24 cookies.

1. Preheat oven to 350 degrees F (175 degrees C).

2. Electric mixer recommended here. Cream together the butter, white sugar, and brown sugar until smooth. Beat in the eggs one at a time, then stir in the vanilla.

3. Stir in flour, baking powder, chocolate chips and mix with a rubber or wooden spoon.

4. Drop by large spoonfuls onto un-greased pans.

5. Bake for about 10 minutes in the preheated oven, or until edges are nicely browned.

6. Serve and enjoy.

Thanks for the recipe Ms. Ram. Please remember that if you get pulled over for a traffic infraction, please contact Warren Chinn of the Chinn Law Offices, PLLC at (206) 957-0888 or via e-mail at wchinn@evanstonlawgroup.com.

Cardinal Rule in Handling Traffic Infractions: Get Discovery

The cardinal rule in handling traffic infraction is to get discovery. What is discovery? Discovery is a copy of the citation along with the officer's report of what happened. Discovery may also include a report of the speed measuring device maintenance records. Without first obtaining discovery, you have no idea what the law you were cited under is and what defense you might have.

You could request discovery yourself. However, keep in mind that discovery requests have to be done in writing. Make sure your discovery request has got the court you're in, the case number, and who you're against (State of Washington, for example). The original has to be mailed to the Court with a copy sent to the prosecuting attorney’s office for the jurisdiction handling your infraction. You need to keep proof of when you mailed the discovery request. Discovery requests need to be made at least 14 calendar days (also allow some time for mailing of the discovery request) prior to your court hearing. Often times, the prosecuting attorney’s office mails out a group of responses to discovery requests at a time, so when/if you receive a response to your discovery request varies.

What happens if the discovery shows up and you don’t know how to read the discovery? What do you do then? Please contact Warren Chinn of the Chinn Law Offices, PLLC at (206) 957-0888 or via e-mail at wchinn@evanstonlawgroup.com and let’s see what we can do together.

WHICH BOX TO CHECK FOR A TRAFFIC INFRACTION?

Now that you have gotten that traffic infraction, what should you do? There are three options for you to decide on. The first two boxes are really not choices at all if you wish to challenge your infraction.

The reason is that with the first box, you're agreeing paying the ticket. With the second box, you are stating that you committed the infraction but are asking for a reduction in the fine. Checking these boxes could lead to higher insurance premiums for moving violations and having a mark against your driver's license record that can affect your driving privilege. The box that you want to check is the box marked CONTESTED HEARING.

If you wish to challenge the citation and attempt to get the infraction dismissed; to not pay a monetary penalty; and to keep your driving record clear of citations for insurance purposes then you must check CONTESTED HEARING.

If you get pulled over for a traffic infraction, please contact Warren Chinn of the Chinn Law Offices, PLLC at (206) 957-0888 or via e-mail at wchinn@evanstonlawgroup.com.

What To Do When You Get Pulled Over For A Traffic Infraction

Almost all of us have been pulled over by a law enforcement officer for some sort of traffic infraction matter at least once in our lifetime.  Some of us even panic when we see the sirens and say things that we don’t really mean.  The key is to remain calm.  Do not offer any explanations or justifications.  Be polite.  Very rarely are you able to talk an officer out of writing you that traffic infraction. 

Also realize that any statement made by you such as “I was going 30 m.p.h.” can be used against you in any court hearing.  Even if s/he initiates the conversation, be polite.  For example, a common starter that law enforcement officers use is “Do you know how fast you were going?”  Simply answer “No, I don’t know” and be ready to hand over your driver’s license, registration, and proof of insurance.  Once you are able to, you should contact an attorney.

If you get pulled over for a traffic infraction, please contact Warren Chinn of the Chinn Law Offices, PLLC at (206) 957-0888 or via e-mail at wchinn@evanstonlawgroup.com.