Legal Question in Criminal Law in Washington
neighbor had assaulted my daughter and her friend. she plead quilty, was given a fine, 2 year probation and also a no contact order. she had taken the plea bargain. 2 months later in another county she was arrested and jailed for domestic violence she assaulted 4 different family members and 1 charge of malichious mischief. Charges have been filed and court hearing in sept for the domestic violence. What happens now to the plea bargain of the first offense? Who moniters her probation? Whom do I contact in my county to make them aware of her other charges pending? She is in violation of her probation. Do I write a letter to the judge? Thanks in advance for your help.
1 Answer from Attorneys
The new offense is a violation of her first case. But only if she's found to have committed the new offense. A mere allegation is not enough. The first case is likely to wait and see if there is a conviction in the second case. However, that prosecutor does have the option of proving the second case as a probation violation of the first case, if they so choose. In fact, this can be easier than getting a conviction on the second case. The prosecution, in a probation violation, only need convince a Judge, not a jury, and only by a preponderance of the evidence rather than beyond a reasonable doubt, that the second offense happened. If successful, the defendant faces whatever jail and fine she did not serve originally (at the Judge's discretion). But, the prosecutor usually has better things to do than prove a probation violation. They usually wait to see the outcome of the second case.
It is the prosecutor of the first case you need to contact. The squeaky wheel gets the grease so perhaps you can get the prosecutor to seek a probation violation even if there isn't a finding in the second case. You may also wish to contact the prosecutor of the second case to make him/her aware that there are ongoing issues between this defendant and your family. That may affect their plea offer and setence recommendation.
DO NOT WRITE A LETTER TO THE JUDGE OR CONTACT THE JUDGE IN ANYWAY. The Judge is an impartial third party and should not be directly influenced without all parties present.
She will continue to be monitored by her existing probation and, if she is convicted of the second case, monitored by that probation as well.
At your service,
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