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Legal Question: Removing Yourself from the Sex Offender Registry

What proof do I need to get relief from registration as a sex offender, which I received when I was a juvenile? You can petition the court to lift the registration requirement, but there are a number of things you will need to put in your petition. There will also be a specific way to get […]

Legal Question: Sealed Records

It has been 6 years since I pled guilty to theft in the 2nd degree. I couldn’t pay fines and restitution so it went to collections. If I pay it off, do I have to wait another 5 years to seal my record? For a felony conviction, you will actually have to wait 5 years […]

Legal Question: Photo-Enforced Traffic Tickets

Are photo enforced tickets required to list the traffic violation committed on the ticket? Yes, under the Infraction Rules used by traffic courts, all notices of infraction whether issued by a human or a computer, must contain a written notice of the actual infraction which the defendant is alleged to have committed and be listed […]

Legal Question: Do You Have to Hire a DUI Lawyer?

Why is the judge forcing me to hire a DUI lawyer and threatening jail at pretrial if I don’t?  Usually judges may make some comments about what can happen if you do not hire a lawyer, but the legal reality is that you have the right to defend yourself and you even have the right […]

Legal Question: Can I Fly with an Arrest Warrant?

Can I fly from Seattle to Indiana with an arrest warrant in California? You can try. The worst that can happen is that you get arrested while traveling and held in some state jail while they contact California to see if that state wants to have you extradited there. If California is concerned enough about the […]

Legal Question: Video of Arrest

How can I obtain the audio/video from my arrest, and is doing so a bad idea? In Washington, you can request things like police videos through a “Public Records” request. You would make this request to the police agency that was involved. It is unlikely that making a request like this would trigger further negative […]

Legal Question: Can Sex Offenders Use Facebook?

Is it against the law for a sex offender to use Facebook?  It is not necessarily against the law for a sex offender to use Facebook. It would only be illegal if the person was court-ordered not to use Facebook as a part of their sentence. You won’t know the answer to this unless you […]

Legal Question: Do I Need a Lawyer to Expunge a Misdemeanor?

Do I need a lawyer to expunge a misdemeanor? There is no law that says you must have a lawyer to petition to have a criminal conviction vacated. (This would be the first thing to be aware of. You are likely talking about a motion to vacate a criminal conviction, which is a bit different […]

Legal Question: Consensual Sex

I am 17, live in Washington and I am romantically interested in a 19-year-old in California. Is a sexual relationship legal? In Washington, the age of consent is 16. If you engaged in sexual activity in Washington, those acts would be legal. However, California’s laws may be very different, and what is legal in Washington […]

Legal Question: Search Warrant

After executing a search warrant, the police officer never filed any inventories with the return. He also searched the location with an expired warrant. Can he do that?  This is a very interesting situation, but really more facts are needed for me to give you a complete answer. But I will try to give you […]

Legal Question: Burglary

I am 23 years old and got in trouble for the first time for residential burglary. What sentence will I receive?  Assuming you have no other offenses, adult or juvenile, on your record, the following may occur on your case as far as sentencing goes.

Legal Question: Pretrial Release

Can a federal defendant get a pretrial release if additional discovery will take 10 months?  The only way to be released pending trial is to have a detention hearing. The court can only consider two factors: risk of flight and danger to the community. If you already had a detention hearing, then you would need to […]

Legal Question: What is an INV VUFA Charge?

What is an INV VUFA charge? And how much time could you be looking at? INV VUFA most likely refers to Investigation of a Violation of the Uniform Firearm Act. These can be a serious charge, especially if the person is already a felon, with possible prison time. This person needs an attorney immediately. Fill […]

Legal Question: What Form Do I file To Vacate A Conviction?

I was convicted of malicious mischief with a domestic violent (DV) attached 12 years ago. What form do I file to vacate the conviction? There are no standard state-wide forms for a motion to vacate a conviction. Some websites may have example motion paperwork that you can use to work off of. However, it will be […]

Legal Question: Restoring Your Gun Rights

How can I expunge my record (gross misdemeanor) and restore my gun rights? Petitioning to vacate a criminal conviction and petitioning to restore gun rights are two separate court actions. They have different timelines that apply for when they can be done. One does not automatically fix the other (for example, getting a conviction vacated […]

Legal Question: Crossing the Border with an Offense

I was convicted in 2011 of an offense (a small grow up) committed in 2003. I received no probation and only paid court costs. I’m from Canada and wish to cross the border without trouble. How do I get my record either vacated or expunged? If you were convicted of a crime, you will want to get […]

Legal Question: Legal Responsibility

Resources - Aviation Law

The car that an au pair was given by the host family was broken into while legally parked. Who is legally responsible for the damage, the host family or au pair? We may need a little more facts here, but if the vehicle was damaged due to someone else’s criminal behavior, the nanny (or au pair as […]

Legal Question: I Feel My Sentencing Was Unfair, What Can I Do?

Resources - DUI/DWI

If I feel that the points were stacked against me at the time of sentencing, what should I do? The place to start is with the attorney who represented you at the time of sentencing. You can also retain a new attorney to review the case if you feel your prior attorney made an error […]

Legal Question: Vacating Felony

Resources - Military Law

I was convicted of a felony VUCSA (Violation of the Uniform Controlled Substances Act) and also under this same case number is another conviction. I met all the requirements to vacate the felony, but how does this work when the two cases are combined? When you bring a motion to vacate, you bring it under […]

Legal Question: New Born Baby Tests Positive for Marijuana

Will they take my new born baby away if he tests positive for marijuana? The answer is complicated. There are many things here that are unknown. Is the baby showing signs of problems that would lead to a drug test? Have you been involved in the CPS system in the past? Do you exhibit signs of […]

Legal Question: Refund of Retainer

How do I get a refund and my case file from my attorney who just passed away? Contacting the Washington State Bar Association would be an appropriate way to pursue the issue.

Legal Question: No Contact Order

When my boyfriend and I had a fight, state issued a no contact order. It’s not necessary now, but they still arrested him. How do I remove it?  This is pretty common for situations like yours. You don’t want the order, but the prosecutor asks for it anyways and the judge puts it in place. […]