Legal Question in Criminal Law in Washington

Clarificationon

1)At my sentencing, the court stated ''No'' unsupervised contact with minors. On the doc Offender Accountability Plan, it says ''No'' contact at all with minors. Authorized by Court (Not what court said). My cco even told me verbally I cannot go to family or friends houses if they have minor children. (Even if parents are there). Also, I can not go to the Mall and shop, minors are there. If I go to the grocery store, I cannot go down an aisle a minor child is in. Is this going above what the court stipulated? How do I get doc to get it right and not put extra stipulations on me like they are doing? Also, if doc asks for a lie detector, do I have to take one? It was not court ordered or (Special Condition) or on doc's conditions. (Requirement) Can they add it to the requirement or add extra stipulations. I believe Rcw 9.94A.120 deals with this situation. Also, senate bill 6274. Please let me know if you can assist me with a letter to doc informing them what my rights are. They would not let me take a lie detector test before my trial so how can they demand me to take one now. Was not court ordered so can I refuse with ''No'' repercussions? Thank you in advance for your assistanc


Asked on 12/27/06, 2:14 am

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

Re: Clarificationon

I'm sorry to hear about the mix-up and the difficulty it is causing you with your day to day life. Your lawyer should have reviewed the written orders to make sure they were consistent with what the judge verbally ordered. You should go back to your lawyer and tell them of the mix-up. They can approach the prosecutor for proper sentencing paperwork or, if the prosecutor doesn't agree with the modification, get a transcript of the court record and have the paperwork amended. As for the lie detector, the probation officer can reasonably enforce the courts order. This likely allows them to include lie detector tests. The reason it was not used for your trial was because lie detectors are not considered reliable enough to be admissible in a trial. However, at a probation hearing the standards are lower for proving violations and would likely be accepted by a judge as proof of violation. Again, your defense attorney should be able to clarify these issues for you. If you have further questions contact me directly.

At your service,

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Answered on 12/27/06, 4:08 pm


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