Legal Question: Changing a Plea
I was convicted of a misdemeanor three years ago, is attempting to change a plea worth it? Unfortunately, it is too late to change your plea in these circumstances. As far as vacating the conviction: the timeline for doing that is three years of good behavior (five years if the charged involved domestic violence). The […]
Legal Question: Judicial Conduct
How does someone file a complaint against a commissioner in Superior Court?A superior court commissioner is judicial officer, similar to an elected judge, who’s professional behaviors fall under the jurisdiction of the Washington Commission on Judicial Conduct. If you feel that the court commissioner is acting unfairly, untruthfully, or unprofessionally, you should go to the […]
Legal Question: Jail Time
If I don’t turn myself in on a commit to serve jail time of 5 days, will I serve more jail time? There is no way to know how much more time you could be facing if you fail to report to serve your 5 days. You probably have quite a bit of suspended jail time […]
Legal Question: Anti-Harassment
If we get anti-harassment order against our neighbor what will it do? Under Washington State Law, a civil anti-harassment order orders one party (the “restrained party”) to stop making contact with the other party (the “protected party”). Depending on the situation, the order will state that the restrained party cannot physically come within a stated […]
Legal Question: Can Police Search a Vehicle That Isn’t Yours?
Can police search a vehicle that isn’t yours and you don’t give permission to search? This sort of search sounds legal. But to be sure, I would need more facts. When police search a motor vehicle, they have to have a legal basis to come into the vehicle and search it. The typical bases for […]
Legal Question: Small Claims Court
Is the Plaintiff allowed to enter motions for a judge’s consideration in small claim in Washington? No, usually in a small claims court case, you get one shot at making your case, which is in court when you actually appear in person in front of the judge presiding over the matter. You can maybe compose […]
Legal Question: Weapons
What length of knife are you allowed by carry? It’s a simple question, but the answer is complex and there’s a lot to consider for citizens who want to carry a knife for utility or personal protection purposes.
Legal Question: Military Enlistment Issues
Can the military keep me from enlisting for mental illness? Yes, they can legally do this. Each military service (Army, Navy, Air force, Marine Corps, and Coast Guard) sets their own enlistment qualifications and its own minimum medical and mental health standards for enlistment.
Legal Question: Urban Farms
Can I petition for an exemption to the municipal code banning roosters from urban farms? Seattle Municipal Code at Section 23.42.052 regulates the keeping of chickens within the city limits. The city ordinance allows up to eight hens on any property, except that on lots greater than 10,000 square feet which include either a community […]
Legal Question: Dumpster Diving
Is dumpster diving legal in Auburn, Wash.? The Auburn, Wash., Municipal Code apparently has no specific prohibition on the activity of dumpster diving, but you need to be aware that there are a few laws which would be used to make it illegal should the police be motivated to make an arrest. First, you need […]
Legal Question: Military Discharge
Should I hire an attorney to handle veterans benefits for a medical condition and discharge for other than honorable conditions? An administrative separation for mental health reasons usually results in an honorable discharge with qualifying veterans benefits. The discharge can take a while and will sometimes require that you undergo a medical review board and […]
Legal Question: Voir dire
Can a police officer who is a state’s witness be present during voir dire? In Washington State, it is common practice for the primary officer to sit at the prosecution table and be present throughout the entire trial.
Legal Question: How Do I Get Rid of a Felony?
What can I do to get rid of my felony ? I would like to get a better job and maybe go hunting again. To get a felony conviction off your record, you have to wait a certain period of time (typically 5-10 years depending on the type of felony). Then you can petition the […]
Legal Question: Unlawful Search
Can police run a drug K9 around a car that is parked on private property? Police can typically run a drug dog around a car without a search warrant. However, the fact that the car was on private property could have some bearing on whether the search was legal. Unlawful search issues are very case-specific […]
Legal Question: How do I Fight a Traffic Ticket in Washington?
How do I fight a traffic ticket in Washington State? If you go to court and try to fight this ticket at face value, you will likely lose. Traffic ticket attorneys use a number of techniques (some procedural, some negotiated with a prosecutor) in order to get a good result for their clients. If it […]
Legal Question: Auto Insurance
Do all names of insured drivers need to be on the insurance card? The thing that matters most is whether the person is actually covered by the insurance policy. If so, you should be able to go to court and get the ticket thrown out. If not, you may be able to mitigate the damage […]
Legal Question: Seized Property
How do I request my seized property back from the police? You need an attorney on board for this before doing anything. Just because no one was arrested or charged does not mean that’s not coming. Anything you say to police (even if it just starts as a request to get seized property back) can […]
Legal Question: Public Defender
How do I get a public defender to represent a family member who is incarcerated in bringing a motion for release under the Smarter Sentencing Act? The Smarter Sentencing Act is a piece of proposed federal legislation that has not yet been signed into law. There is a lot of chatter floating around (especially in […]
Legal Question: Will I get a DUI if I Blow Slightly Over?
Will I get a DUI if I blew a .09 ? You will almost certainly be charged with a DUI. Contact a good criminal defense attorney in your area immediately. The right lawyer could probably get the DUI reduced to a lesser charge. You might not have to do mandatory jail time. You might pay […]
Legal Question: What is a Diversion?
I’m being offered diversion for a 3rd degree theft charge. What does a diversion mean and will it go on my record? A diversion is like a contract between you and the prosecution. If you live up to your end of the bargain (usually law abiding behavior and possibly other affirmative obligations like paying a fine) […]
Legal Question: Social Media
A family member went on social media and said I committed federal crimes. Have I been denied due process? You have not been denied “due process.” The due process clause of the Constitution refers to the government providing you with proper notice and the opportunity to be heard in court. However, the comments on social […]
Legal Question: Can the Cops Send Me a Reckless Driving Ticket in the Mail?
Can the cops send me a reckless driving ticket in the mail? Yes. They can cite you by mail. Because Reckless Driving is a criminal offense, their other option would have been to arrest you. Probably better to get the citation in the mail. That gives you time to get an attorney lined up before […]
Legal Question: Fines & Warrants
I have an unpaid fine from a few years ago and a warrant was issued. What is the best way to take care of it? Ignoring this problem wont make it go away. You need to get proactive and take care of it. An unpaid fine and a warrant are two separate things. You can contact […]
Legal Question: Firearms
I had a domestic violence felony vacated—harassment involving a weapon. Did I lose my federal gun rights? Any felony will result in your loss of firearm rights. Getting a felony vacated does NOT automatically restore your gun rights. There is a separate petition for restoration that needs to be filed even after getting a conviction vacated. […]
Legal Question: Diversion Program
I was charged with RCW 9a.3.050 and offered a diversion program. Is that a good idea? RCW 9a.36.050 is a charge of reckless endangerment. Under this statute, “A person is guilty of reckless endangerment when he or she recklessly engages in conduct not amounting to drive-by shooting but that creates a substantial risk of death […]
