Legal Question: Drivers License Suspension
What will happen in court for DWLS 3rd degree? And I’m also on probation for DV4.The DWLS 3rd charge can probably be handled through negotiating a reduction to a traffic ticket, especially if you have your license now. However, because DWLS is a criminal charge, it could affect your probation for the Assault 4th degree […]
Legal Question: Suspended Drivers License
If I never had a drivers license, how can it be suspended? The State can suspend your privilege to drive for a number of reasons (unpaid tickets, past due child support payments, etc.). This can happen even if you were never licensed in the first place. Not having a driver’s license is not a legitimate […]
Legal Question: Vehicle Search
When you consent to have your vehicle searched for stolen property, do the same rules and guidelines of a warrant apply? If you give a police officer consent to search your vehicle, they are free to search it as much as they want. You have the right to revoke your consent while they are actually […]
Legal Question: Unmarked Patrol Cars
Can the Washington State Patrol or any local or Sheriff’s vehicle be unmarked? RCW 46.08.065 certainly does require that state-owned vehicles be conspicuously marked as part of the State Motor Pool or as a publically-owned vehicle, and subsection 3 of that law provides for an exemption to the Washington State Patrol. This exemption allows the […]
Legal Question: Dismissed Charges
On my dismissal papers, what does “city moves to dismiss charges in the interest of justice” mean? It means the prosecutor is dropping the charges. “In the interest of justice” is a generic phrase that could mean anything or nothing.
Legal Question: Speeding Ticket Dismissal
My calibration certificate has several expiry dates—some of which have passed. Can I get my speeding ticket dismissed? You can always seek a dismissal, but you won’t always get one. A good traffic attorney who regularly practices in that particular court would be able to look at your paperwork and make a reasonable guess as […]
Legal Question: Eluding Police
I was arrested for a felony—attempting to elude a police vehicle. What the penalties? Felony sentence ranges are set based on the seriousness level of the crime and the person’s prior criminal history. Attempting to elude is a felony, so the consequences can be significant. You should be talking to a criminal defense attorney now, even […]
Legal Question: Statute of Limitations
Is there a statue of limitations on a misdemeanor warrant in Washington State? If you were actually cited with a crime, and then missed a court date and had a warrant issued for your arrest, that warrant is not likely to disappear by just waiting it out. There is no statute of limitations for a […]
Legal Question: Testifying in Court
Will the prosecutors be able to prosecute my husband if I testify at trial to his innocence? Will the prosecutor be able to take the case to trial? Yes. Will they win? That is hard to predict without more information. But prosecutors can win trials even when the alleged victim recants. The prosecutor would simply […]
Legal Question: Investigation
An investigator wants a written statement? Can I ask him why? You need to speak with an experienced criminal defense attorney immediately. You should do this before you have any further contact with this investigator. There are many pitfalls that can come from making statements, and police investigators are not legally required to tell you the truth […]
Legal Question: Dismissing a Conviction
I want my conviction dismissed. How do I got about doing that? Not all kinds of convictions can be vacated, and most require certain circumstances to be met before a vacation may be granted. Some conditions under which a felony conviction cannot be vacated include: 1. If the crime is a class A felony, a […]
Legal Question: Marijuana
In Washington is it legal for our neighbors to smoke weed outside, in their back yard? It sure is a different time in Washington State with recreational marijuana use now being legal, and soon there will even be legal retail establishments selling it in all parts of the state. I have heard from many people, […]
Legal Question: Quashing Bench Warrant
How do I quash and bench warrant for malicious mischief from out of state? If your criminal charge is still pending (meaning you never plead guilty or were convicted at trial), the case is still open and unresolved. There is more to do than simply quashing the warrant.
Legal Question: Vacating Theft Charges
Is it possible to vacate two “theft 3” charges in Washington? You can vacate a single misdemeanor conviction once in a lifetime. So, if these were two separate, unrelated charges, you will only be able to vacate the most recent one. Also, you have to wait three years from the date you completed the last […]
Legal Question: Assault Charge
How much time would a married woman get for a simple assault charge if this is her first offense? How much jail time she receives (if any) really depends on the skill of the attorney representing her. If she has no criminal record, it is very possible that she gets no jail time at all. […]
Legal Question: Liability for Underage Drinking
As a homeowner, am I liable for a woman who lied about her age and then was cited for a DUI after leaving our home? You could be charged with the crime of Furnishing Liquor to a Minor. If you have spoken with a Sheriff and haven’t heard anything, they may have decided not to forward […]
Legal Question: How Long Until Reckless Driving Charges are Dropped?
How long does it take reckless driving charges to be dropped or dismissed? If a Reckless Driving charge was filed, the court would have sent out a summons for an arraignment date. If you failed to appear for the arraignment, a judge would have authorized a warrant for your arrest. When a warrant issues, the charge […]
Legal Question: Sealed Record
I live in Minnesota, but my record is in Washington state. Can I get it sealed or the charge expunged in Minnesota or do I need to file in Washington? It would have to happen in Washington. Depending on your circumstances, you may be able to hire a Washington attorney to take care of it for […]
Legal Question: Choosing an Attorney
How can I find out what I’m up against before coming to Washington for an active 2008 warrant? The only way for you to really know is to hire an attorney to represent you on the case where the warrant issued. A good attorney can often negotiate prior to a warrant quash hearing so that […]
Legal Question: Civil Restitution
I got caught stealing at Macy’s. The court didn’t tell me to pay the $445 civil restitution. Will I get in trouble if I don’t pay it? The civil restitution demand has nothing to do with your criminal case. This should not affect the agreement you entered into with the criminal court, unless payment was […]
Legal Question: Miranda Rights
Can a cop refuse to tell you why you are arrested and delay your Miranda rights?An officer is not legally required to tell you why you are being arrested or what charges you might face. If you ask, “Am I free to go?”, they are required to inform you if the answer is no. It […]
Legal Question: Deferred Sentence
How do you get rid of a deferred sentence? A deferred sentence involves a criminal conviction with a built-in “expiration date.” Typically, the way this works is you plead guilty to an offense and the judge imposes the conviction as a deferred sentence. Usually, this means if you stay out of trouble and do whatever […]
Legal Question: Entering a Re-Licensing Program
If your speeding ticket has gone to collections, can you still enter a re-licensing program? Many District and Municipal Courts have re-licensing programs. These programs usually allow people with lots of unpaid traffic fines to set up plans for making monthly payments or to instead work off any unpaid fines by providing community service. However, […]
What can I do about police misconduct?
What can I do about police misconduct?Get a civil rights lawyer right away. Meeting with a lawyer on this sort of case is usually free, and he or she will listen to what happened to you and then chart a course to take to best handle the situation. If you are pursuing this on your […]
Legal Question: Evidence
Can I request clearer copies of pictures taken as evidence? If you can show that an earlier photo was taken before the warrant was issued, there may be some question about whether the evidence was there at the time of the stop or if it may have been planted.
