Legal Question in Criminal Law in Washington

district court rules

after sucessful completion of senetencing an issue was brought to court concerning a penalty while under sentencing of home confinement. the district court judge and prosecuting attorney decided to render the same sentencing order as previously served, to satisfy the issue of the unresolved penalty. Defendant reminded the court the court appointed attorney was not present to assist him in a pretrial agreement or advise the defendant of his rights. Judge refused the defendant legal defense and rendered a duplicate sentencing of confinement to be impossed immediately. Does this violate undue process? the defendant should have been set to re hear with counsol present? impossing the same puishment for a penalty as given for punishment of the crime is not balanced or fair.The judge made it clear the defendant was serving the same sentenceing aknowledging the penalty had nothing to attach to from the original order. What is the defendants quickest recourse to stay the personal restraint until amended? What iare the best grounds for appeal?


Asked on 4/06/07, 4:17 am

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: district court rules

Good question. Not having requested counsel present is a violation of due process. The fastest remedy is a motion to reconsider, by your attorney! If you miss the deadline you can appeal to superior court. If you have an attorney get him/her on your case immediately to review the matter. If you don't have one, get one immediately. Contact me directly if you'd like further assistance.

At your service,

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Answered on 4/06/07, 2:02 pm


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