Pets and Divorce: Are they Property or People?
It’s an all too familiar scenario. Two spouses have been married for a number of years. Not wanting to rush into having kids, they opt instead for puppies, a pair of puppy dogs in fact. “Fur-kids” they are sometimes called. No one questions that the lovable and playful pair are as much a part of […]
When DUI Refusal Cases Go to Trial and Win.
Whatcom County DUI refusal cases are notoriously difficult to defend in court. Especially when the allegation is that the person was driving under the influence and then after being arrested, that they refused to take a breath test. If a defendant gets convicted of a refusal DUI, they will face enhanced penalties including up to […]
Legal Question: What if I am on Probation for a DUI Charge but Failed to Report Alcohol Use?
QUESTION: I had a DUI charge and decided to go on a deferred prosecution. I receive a form every month asking me to report if I have used drugs or alcohol. The form states that it is signed under penalties of perjury. If I write “no”, and the court finds out that I drank or […]
Washington Criminal Law 101: What is a Felony Offense?
People often ask us, what is a felony offense? What will happen if I am convicted of a felony offense? What can be done to prevent being convicted of a felony offense? First off, a felony offense in Washington State is a serious crime for which the punishment may be more than one year in […]
DUI Defense: Washington State Now Has Toughest DUI Laws Anywhere
Having an excellent DUI Defense in Washington may have just got more important as on On March 31, 2016, Washington Governor Jay Inslee signed a bill that will double the maximum fine and prison sentence for a felony-level driving under the influence conviction. Earlier this month, he also raised the punishments for vehicular assaults and […]
Students: Act Smartly and Know Your Rights in Any Police Encounter
Act Smartly and Know Your Rights in any Police Encounter. We begin with debunking six common myths among college age students with regard to criminal law and criminal procedure. 1. MYTH: The police must automatically read Miranda rights and warnings to you as soon as you are placed under arrest. FACT: No, in the State […]
Welcoming a New Jail Alternatives System to Bellingham Municipal Court
Bellingham Municipal Court’s new jail alternatives system uses electronic home detention bracelets administered by a local non-governmental company. The Bellingham City Council has approved a new jail alternatives system designed to help reduce Whatcom County Jail overcrowding issues. Called “BRIC,” which stands for Bellingham Reduced Incarceration Challenge, the program became effective March 1, 2016. Eligible […]
Getting to Know Washington’s New DUI Breathalyzer: The German Made Dräger Alcotest 9510
Washington State’s new DUI breathalyzer is called the Alcotest 9510, which is manufactured by a German company called Dräger Industries. In 2005, the Washington State Patrol wanted to replace its aging fleet of DataMaster and DataMaster CDM DUI breathalyzer machines which had been in service since 1984. After DataMaster manufacturer National Patent Analytical Systems, announced […]
Legal Question: Criminal Defense and Past Offenses
Can the prosecution bring in something I did in the past to try to sway a jury? While generally the answer in a criminal defense trial would be no, it is hard to answer the question without a lot more detail about the charges, the trial, and all the circumstances. If you are facing a […]
Legal Question: Reporting Incidents
If I found out a relative stole merchandise from a store 3+ weeks ago, can i still turn them in? Yes, you can turn the person in by calling the police. However, there is no way to know if a prosecuting attorney would then choose to pursue this case. A shoplifting charge could be hard […]
Legal Question: Can I Expunge My Record After A Deferred Sentence?
I have completed a two-year deferred sentence on a shoplifting charge. It’s currently dismissed. Can I have it expunged? If your charge was reported to the Washington State Patrol, you can apply to have the arrest record expunged. You have to wait two years from the time of the dismissal to petition for expungement. Also, […]
Legal Question: Negligent Driving 2d on My Record
I had a recent Bellingham DUI charge amended down to a Negligent Driving 2nd degree. I think I can have it expunged in Washington State, but will I still have an arrest record with the FBI now? The answer is yes. Although the offense of Negligent Driving 2nd degree is a non-criminal traffic infraction (contrast this […]
Legal Question: Will My Warrant be Extraditable if I Move Out of State?
Will my warrant be extraditable if I move out of state while out on bond for misdemeanor domestic violence charges? It might be extraditable. Your bail bond company is going to come after you too if you skip out on their bond. It would be a heck of a lot easier to just get an […]
Legal Question: Bail
When a person is arrested, and then let out in a few days, is he on probation? And when does sentencing for a felony crime take place? Is he on probation? No. He is probably out on bail or on “personal recognizance” (a promise to behave and come to court when told).
Legal Question: VUFA
What does VUFA stand for and what is the sentencing for that? VUFA is sometimes used as an abbreviation in an Unlawful Possession of a Firearm charge. (I do not know where the abbreviation comes from, but have seen it used quite a bit.) Sentencing depends on the person’s criminal record and the specific details […]
Legal Question: Statute of Limitations and Depositions
What is the statute of limitations for taking a deposition in Washington State after a criminal offense? There is no statute of limitations for a prosecutor to conduct a deposition. Once charges are filed, the question becomes whether there is a violation of a person’s right to a speedy trial. This “right” has been significantly watered […]
Legal Question: Garnishment
How do I stop my wages from being garnished and get an unfair felony off my record? You should probably set up a consultation with an attorney. It sounds like you have issues from a criminal conviction (the felony), but if you were sued you probably also have a judgment against you in a civil […]
Legal Question: Expunging Record of Misdemeanor Theft
Can I expunge my gross misdemeanor theft charge in Washington if I have multiple convictions in other states? If the theft charge is the most recent offense on your criminal record and enough time has gone by (typically three years from the time you complete your sentence), you may qualify to have the theft charge vacated. […]
Legal Question: Can I Keep My Firearm After a Deferred Sentence?
I interrupted a 911 call and it was considered domestic abuse, but I was charged with disorderly conduct. I’m getting it deferred. Will be able to keep my firearm? In Washington, crimes can be designated as involving domestic violence. So, there would be the charge you were convicted of (for example, disorderly conduct), and then there […]
Legal Question: Misdemeanor
Will a misdemeanor theft on my record from 8 years ago affect me becoming an registered nurse? Consider hiring an attorney to petition the court to vacate your conviction. This would remove it from your record. It is not a perfect process, but it would probably be better for you than just leaving the conviction […]
Legal Question: Commitment Date
I didn’t turn myself in for my commitment date at Snohomish county jail for a felony. What should I do? The sooner you turn yourself in, the better chance you have at limiting the additional punishment that could come from not turning yourself in on time. Whether you qualify for alternative programs will be up […]
Legal Question: How Do I Prepare For An Interview With A Detective?
What do I do when I’m about to be interviewed by a detective regarding a criminal charge against me? Do NOT do an interview with a detective until you have spoken with an attorney. You have no idea of the trouble you could be walking into by going in alone. It is that simple. You can […]
Legal Question: How Do I Find Out Someone’s Public Defender?
How to find out someone’s public defender? You can call the court and ask the clerk who the attorney of record is. Then look up the attorneys contact information at www.wsba.org under MyWSBA, Lawyer Directory. You can also call the local public defender’s office, tell them who you are and that you have relevant information about one […]
Legal Question: What Happens At A “Show Cause” Probation Violation Hearing?
What happens at a show cause hearing for a probation violation? In such a hearing, you are ordered to appear before a judge and “show cause” why your probation should not be revoked, or a sanction imposed. Typically the court will inform you as to exactly what the alleged violation is, and ask if you […]
Legal Question: Attorneys
I received a notice from my lawyer that he was withdrawing from my case now that it is finished. Is this normal? Yes, this is pretty normal. If you have any questions though, you should call your lawyer and ask.
