Legal Question: Personal Restraint Petition
If a person files a personal restraint petition to have a case reviewed, can he get more time added onto his sentence? Simply filing a PRP will not result in more time being added to his sentence. However, if he succeeds with his PRP by, for example, getting a new trial ordered or getting his […]
Legal Question: Additional Charges
My friend took a plea the other day. He was initially charged with Assault 2, which was amended to Assault 4 in the plea offer. His second charge was Attempted Robbery in the first degree. This was dismissed and they added a new charge. Can a prosecutor do this? This is not unusual, and there does not appear […]
Legal Question: Arrest Record
How do I answer an employment question, “Have you ever been charged with a felony or misdemeanor?” when I have an arrest record for jaywalking and resisting arrest, both of which were discharged? From your description, the answer would likely be yes. However, your exact circumstances may vary, and there may be options for cleaning […]
Legal Question: Warrants
I have two non-extraditable misdemeanor warrants. How can I get them quaushed? You will have to appear in court and request to have the warrants quashed. You can do this yourself by going to the court clerk’s office and requesting to schedule a quash hearing. Or you can hire an attorney who can take care […]
Legal Question: Wrong Date on Sentencing Papers
The wrong date was put on my sentencing papers. Does that make them invalid? No, the mistake in date does not change or nullify your sentence. Do what the judge orally told you to do or you risk a warrant being issued for your arrest. Fill out the form below to contact the experienced defense […]
Legal Question: Court Date
Shortly after moving from Washington to New York, I received mail from my old address and realized I missed a court date in Wash. Should I turn myself in?You might want to consider contacting an attorney before taking any steps. You would not want to have to turn yourself in and have to sit in jail […]
Legal Question: Sexual Assault
What happens if I’m in compliance with a Temporary Sexual Assault Order but cannot appear in court? If this was a SAPO connected to criminal charges, and you fail to appear in court, a bench warrant will be issued for your arrest. If this was a civil order and you fail to appear for the […]
Legal Question: Arrest Report
How can I get a copy of my arrest report? The easiest way to get a copy of the arrest report is to have an attorney request it for you. There is a court rule that complicates things a little bit; it says that an attorney may not release discovery (police reports, photos, etc.) to […]
Legal Question: Deferred Prosecution and DUI
I’m on a deferred prosecution and had an accident involving alcohol. Can I salvage my life? Your situation is a serious one. There is hope for you to salvage your life, but it is going to take some work. Realistically, it is also going to cost you some money. Most DUI attorneys provide free consultations, […]
Legal Question: Difficulty Speaking in Court
I have a probation violation hearing? I have a really hard time speaking in court. What can I do? The first thing you could consider for your violation hearing is to hire a lawyer to help you through that part of the process. This could take a lot of the stress off your shoulders. If you […]
Legal Question: Police Officer
I got a ticket for not wearing my seat belt, when I was absolutely wearing one. The police officer tried to convince me I wasn’t. What do I do? Within 15 days of the date the office gave you that ticket, you need to return it to the clerk’s office with box three on the back […]
Legal Question: Suspended License
What are the penalties for driving with a suspended license? Driving while license is suspended comes in three degrees. For DWLS 3rd degree, the maximum penalty is up to 90 days in jail and a $1,000 fine. The typical first offense penalties range from zero days in jail and a $250 fine to one or […]
Legal Question: Breathalyzers
The coin-operated breathalyzer in the bar said I was under the legal limit, but later I received a DUI. Can I sue the bar owner? Such machines are entirely designed for entertainment value and should not be relied upon as an authority for determining what your breath alcohol content is at any given time. Plus, […]
Legal Question: How Long are Criminal Records in the National Databases?
After vacating a criminal record, how long before it stops showing up in the national databases? Unfortunately, the process available for vacating convictions in Washington is imperfect. When you get a conviction vacated, it will no longer show up as a conviction on a background check through Washington State Patrol. WSP is also responsible for […]
Legal Questions: Restoring Rights
I have a felony conviction and would like to reinstate my right to travel outside the country, among others. Can I do that if I still owe a fine? When you are convicted of a felony, you lose the right to vote, to serve on a jury, and to own/possess firearms. If you have stayed out of […]
Legal Question: Vacating Criminal Charges
What does it mean that a defendant shall be “released” from all penalties and disabilities when a conviction is vacated? Penalties and disabilities refers generally to the social impact of having a criminal conviction, and to some of the specific legal rights that are lost by felony conviction (right to vote, right to serve on […]
Legal Question: Juvenile Court and Record Dropping
Can I enter Canada if I committed a felony when I was 15? I’m 17 now and completed the deferment program. They said the felony would drop off my record when I was 18. One thing to be aware of: nothing in juvenile court automatically drops off your record at age 18. You generally have to apply to the […]
Legal Question: Professional Relationships
The prosecuting attorney made verbal and written statements about the medical examiner in my case, stating as soon as she saw the (attorney’s) name on the case she had already made up her mind that it would go to trial. My attorney, however, doesn’t want to make waves. Can I get a fair trial? Attorneys and “professional witnesses” often […]
Legal Question: Vacating a Misdemeanor
In Washington, will a misdemeanor fall off your record automatically? In Washington, criminal convictions do not fall off your record automatically, no matter how much time goes by. Also, you can only go after the most recent conviction when you want something vacated. Fill out the form below to contact the experienced defense attorneys of Lustick, […]
Legal Question: Nexus Card
I was denied a Nexus card because of shoplifting arrests in 1965 and 67. Can they be removed from my record?If these were juvenile offenses, you may be able to have your juvenile court record sealed. This may or may not help with your Nexus application as immigration and border laws operate separate and apart […]
Legal Question: Summons
I received a summons 90 days after being convicted. Could it be because the IIL on my leased car was removed? Your suspicion about the reason for getting a summons may be correct, or may not be. You need to appear in court and find out exactly what is going on. If you do not […]
Legal Question: Statute of Limitations for DUI
What is the statute of limitations for a DUI? I received mine 30 years ago? The statute of limitations on a DUI (gross misdemeanor) is two years. That means that the prosecuting authority in the county or city you live in has two years to file the charge starting on the date of the incident. […]
Legal Question: Unfair Treatment
Men don’t seem to get fair treatment in court. Is that true? As a defense attorney, I have male clients who I genuinely believe are not getting fair treatment because they are male and the victim is female. But I have also had male clients who cannot accept their own responsibility to change their bad […]
Legal Question: Early Release
Can you get early release from prison if you are employed full-time? This will depend entirely on the Department of Corrections decision on how to handle your case. They are the ones who handle people in the state prisons.
Legal Questions: Federal Court
Do federal courts modify sentences for family emergencies? It would be pretty rare. But an attorney could try to petition the court for early or temporary release based on the family circumstances. Again though, it would be pretty rare that a federal court would allow for something like this.
