Legal Question in Criminal Law in Washington

Sched. 9/30-03 Jury Trial

I have a no contact order# D03-106. Order against Barry C. Shaw DOB 3/11/53. He has continued to stalk me. Police have charged him today in South Snohomish Court with ''voliation of the restraining order'' Police Event #'s 03-1869,03-2489,03-2418,03-2287,03-2220,03-2023,and 03-2609.Barry Shaw asked for a jury Trial.Set for Sept. 30, 8:50am. Should I hire a lawyer to represent me? At trial will my lawyer be able to ask Barry Shaw how he obtained my new cell phone number and password from Verizon Wireless. Yes, Verizon violated my privacy, created unrecovered revenue, and put my very life and daughter in jepordy! Even after Verizon was clearly directed,''I have a restrtraining order on Barry Cameron Shaw,under no circumstances give out my information. If any person claiming any interest on me or my account you are not to provide them information.(A password was set on this account) They failed and gave out my new cell number and new password 3 days after it was changed.Barry broke my Lexus windshield,value $400.00 stold $90.00 worth of garden items from waterfall/pond area, and obtained a cecllular phone worth $200.00 that I'm being billed for. Appreciate your expertise. Thank you Nancy


Asked on 9/18/03, 11:01 pm

2 Answers from Attorneys

Jeffrey A. Lustick, Esq The Lustick Law Firm

Re: Sched. 9/30-03 Jury Trial

In a situation like this, the prosecutor�s office does not actually �represent� victims, but they do have certain obligations to you as a victim of crime in this case. The Snohomish County Prosecutor�s Office has an internal Victim/Witness Unit which provides assistance and support to victims and witnesses of crimes during their involvement in the criminal justice process.

The Victim/Witness Unit facilitates restitution, property return, and other post-prosecution concerns. It is staffed by personnel trained on aiding victims and helping them deal with the problems like those you�ve described with your phone company. This office is located in the Prosecuting Attorney�s Office at 3000 Rockefeller Ave in Everett and their phone number is (425) 388-3370.

The suggestion from Mr. Kozer that you may benefit from having your own individual legal counsel is sound. If you hire a lawyer, one of the first things he or she can do for you is to look into whether your phone company breached any Federal or State privacy laws and possibly directly contributed to the commission of a crime. That is, if the phone company knew that this guy was stalking you but it gave out your private information anyway, then whomever gave out the information could be guilty of criminal facilitation.

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Answered on 9/20/03, 12:00 am
Stephen Kozer Stephen J. Kozer, Attorney at Law P.S. Inc.

Re: Sched. 9/30-03 Jury Trial

Hi, as a rule the victim is represented by the State. That is the prosecutors office. You need to contact them and be fully cooperative with them. It may be a good idea to hire a private lawyer for the proceedings although he or she will not be able to ask any questions at trial , they may be able to assist the prosecutor. In any event your private attorney can cross swords with Verizon.

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Answered on 9/19/03, 10:34 am


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