How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Legalease Your Own Question

Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 14619
Experience:  15 years exp all aspects of general law
20355756
Type Your Legal Question Here...
Legalease is online now
A new question is answered every 9 seconds

I would like to know if a Felony diversion can be done with

Resolved Question:

I would like to know if a Felony diversion can be done with two counts of Promoting prostitution Class B felonies and one Gross Misdemeanor. My son********************is in Jail in Washington State-- Kitsap County Jail for promoting prostitution and has a similar charge in King County jail. He has learned from others that they sometimes can do a Global Resolution and then there is a Felony Diversion that might be possible. His lawyer says he cannot do this and he does not trust this lawyer well....mostly because he never shows when he says he is going to show up to speak with him. I am considering hiring a private attorney if it would help at all. You can read up mor eon his charges online of course. He has been in jail since 1/24/13

Submitted: 1 year ago.
Category: Legal
Expert:  Legalease replied 1 year ago.

Hello there

-

Can you answer a few questions for me --

-

1> Does your son have any prior arrests or convictions for any criminal charges prior to these criminal charges being brought against him?

2. Has a bail amount been set at all? Was there a bail hearing or is there a bail hearing coming up in this matter?

-

-

MARY

Customer: replied 1 year ago.
My son has one prior arrest in King County that he has not been tried for. His attorney had been putting it off while he was taking on line classes towards a BA degree. He got this second charge just 4 months from graduating.
Yes, Bail was set at 150,000, due to the previous charge, is what I remember.
Customer: replied 1 year ago.
Hi Mary,
I am not sure why you did not get my answer:
1. He has an arrest for a similar soliciitng prosittuion from January of 2012 that was being delayed so he could finish his BA. this is in King county and frnakly I think it is a worse situation.
2. Bail was set at $150,000 and we do not have the funds to bail him out. He is in jail.
Customer: replied 1 year ago.

I am waiting for your reply. I have answered these questions three times. ******

Expert:  Legalease replied 1 year ago.

Hello again Rose -

-

I apologize for the delay in getting back to you -- I was offline for a number of hours and just came online to pick up this thread again. Being eligible for a felony diversion program depends upon the number of charges and the severity of charges. Typically such a program would be made available to someone who has one felony charge against him and has absolutely no prior criminal record to speak of. Your son's first charge in Jan 2012 probably would have been a good candidate for selection in a felony diversion program and when completed your son would have ended up with no criminal record. Because the adjudication of the first case was delayed and a second charge was brought during the time period where your son was waiting to adjudicate the first case, the court will mostlikely no longer be in a position to consider your son for the felony diversion program because he has 2 felony arrests that he now has to deal with (the ultimate decision regarding the diversion program even with the 2 charges is up to the DA and the judge).

-

Obviously, I do not know what his lawyer or his fellow inmates are telling him regarding these offenses. However, in Washington state, a Class B felony is a very serious felony -- the second most serious behind such felony charges as murder or manslaughter. That is the reason for the high bail in your son's case (150K for a second offense is high and I can only think that the judge made the decision based upon the crime classification and not on any mitigating factors that your son's attorney would have or should have presented at the bail hearing). A conviction on one of the charges can carry a penalty of 1 to 20 years in jail and a fine of up to $20,000. In addition to these penalties, because the crime is classified as a sex crime in Washington, your son may have to register as a Tier 1 sex offender for at least 10 years after his sentences are completed (which is generally the most devastating aspect of cases like this because it makes it very hard for the offender to find a place to live or decent employment). Because of these potential penalties, it does seem to me that his lawyer may not be taking these matters seriously enough. This happens often with public defender attorneys simply because they are usually overwhelmed with a large number of cases and do not have enough resources to handle them all effectively. I do suggest that you speak with several criminal attorneys in your area with an eye towards hiring private representation for him because you will most likely end up getting an attorney that will pay much more attention to your son's case (the first order of business should be to try to get another bail hearing and get the amount reduced to something more reasonable that you can afford -- because your son has not been in jail before this there should be some concessions that the court could make in a bail arrangement -- even if he must stay at your house and wear an electronic bracelet until his trial date). To find criminal attorneys near you, you should contact the local county bar association and ask for referrals to several in your area -- they will give you a few names and you can call the attorneys and go from there. Overall, I would be very surprised if a felony diversion program is offered to your son simply because he is on his second offense for the same crime -- however, stranger things have happened and I do suggest that when you are speaking to potential new criminal attorneys for him that you mention the diversion program and see what the lawyer thinks about it (because the crime and sentencing decisions are completely in the hands of the DA and judge, you may find a lawyer who can convince the DA and judge involved in your son's case to reduce it to one felony charge (because it is the same offense) and then offer the diversion program). If your son does get the diversion program for these cases then he should count himself lucky and he will never be offered such a deal again if he is charged with similar crimes in the future.

-

I truly wish I could give you an instant way to resolve these matters for you and your son (especially for your sake because you seem very upset by all of this). Unfortunately, such a magic bullet does not exist and at this point the best you are going to be able to do is to do some legwork and research to find a lawyer in your area who will keep your son's best interests in mind and actually put up some kind of a fight on his behalf (many public defenders will not do this and simply specialize in trying to negotiate the lowest prison term possible). Please let me know if you have any further questions -- I will be online all evening and although it might take a few minutes to get back to you because of other customers and taking an occasional break, I will respond to you as soon as I see any additional messages/questions from you.

-

MARY

-

Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am paid NOTHING unless you press the 3rd, 4th or 5th smile face below. Pressing a positive rating below will NOT cost you any additional money -- it simply acts as a trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH

Customer: replied 1 year ago.
Wouldn't I want to find a lawyer in Kitsap county and not in my county??? I live 1 1/2 hrs away from where he is being held in jail--Clallam County.
Thanks!!!
Expert:  Legalease replied 1 year ago.

Hello again Rose -

-

I assumed that you were in the same county -- but, yes -- the lawyer that you want to hire should be in the county where the court actions are taking place for your son. If you do a search for the bar association for that county you should be able to get contact information for a referral service and you can go from there.

-

If you have no further questions, can you please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am paid NOTHING unless you press the 3rd, 4th or 5th smile face below. Pressing a positive rating below will NOT cost you any additional money -- it simply acts as a trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH

Legalease, Lawyer
Category: Legal
Satisfied Customers: 14619
Experience: 15 years exp all aspects of general law
Legalease and 10 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
Legalease
Legalease
5563 Satisfied Customers
15 years exp all aspects of general law