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Old 10-23-2009, 08:40 PM
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Signed and Completed Stay of Proceedings?

I was fortunate enough to go to court for a possession charge in the state of WA. When I got there my lawyer advised for me to take the stay of proceedings which of course is a ton of hoops that I have to jump through.
My question is: If I was told that I need to get a drug and alcohol evaluation, but it isn't checked off on my stay of proceedings (which is signed by the judge, my lawyer, the prosecuting attorney, and myself.) What does this mean? Even though they said it was required.. it isn't on paper and no one noticed. I don't have to do so?
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Old 10-23-2009, 08:48 PM
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Quote:
Originally Posted by scandalex View Post
I was fortunate enough to go to court for a possession charge in the state of WA. When I got there my lawyer advised for me to take the stay of proceedings which of course is a ton of hoops that I have to jump through.
My question is: If I was told that I need to get a drug and alcohol evaluation, but it isn't checked off on my stay of proceedings (which is signed by the judge, my lawyer, the prosecuting attorney, and myself.) What does this mean? Even though they said it was required.. it isn't on paper and no one noticed. I don't have to do so?
Since the stay is something that can be lifted (allowing criminal proceedings to continue), I would do precisely as I was told---nothing less. Judges/courts seldom feel as dismissively of crimes of the defendants before them as they do of their own oversights.

If you don't care for 'jumping through hoops', there is always a prison stay. The only thing you can jump through there is the doorway to your cell.

With so much at stake, I would consider the alternatives and err on the side of caution.

Last edited by GentleGrace : 10-23-2009 at 09:05 PM.
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Old 10-23-2009, 09:11 PM
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I don't mean to be harsh, but why have you not asked this question of the lawyer you already have?

Feyond that, it would be helpful if you were to further explain the basis for a "stay of proceedings". Was this a stay to determine your mental competency to stand trial or something else?

I agree with GentleGrace that even if there was an error in the documents, it would be foolish to stand on that. The stay could easily be modified. Submit to any requested tests - and keep your body clean.
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