Legal Question: Probation
What are grounds for a probation officer to revoke a person’s probation who is under the “swift-and-certain” law?
Legal Question: What Happens if the Victim Doesn’t Testify?
If the victim doesn’t show up at the trial to testify, can he be charged with a crime? Probably not charged with a crime, but depending on the seriousness of the charge and the need for the witness, the prosecutor could ask the judge to issue a warrant for the person’s arrest (a “material witness warrant”). […]
Legal Question: Is it a Felony to Run from Police?
Is it a felony to run from police in a stolen car and hide? Yes, it is likely a felony. If anyone helped him hide, they could be in trouble too. Both will probably need separate defense attorneys. Fill out the form below to contact the experienced defense attorneys of Lustick, Kaimain & Madrone for […]
Legal Question: Vacating a Domestic Violence Charge
I have a DV (domestic violence) NCO (no-contact order) issued 5 years ago. I want to vacate the misdemeanor I was convicted of 5 years ago. Is this possible? You cannot get a conviction vacated until 5 years has passed from the time the no-contact order is lifted. (During the 5 years, you must not […]
Legal Question: Credit
Can charges be pressed against a granddaughter who overspent on a bank card that was given to her by her grandmother? Yes. Charges can be filed if the granddaughter used more money than she was authorized to use. That does not necessarily mean it will be a strong case, and it would be hard to […]
Legal Question: Should I Pay the Company’s Lawyers if I Was Caught ShopLifting?
I was caught shoplifting at Urban Outfitters. I’m wondering: a) how important it is to pay the company’s lawyers; b) if criminal charges are likely to be pressed; and c) what are the most likely repercussions, if I’m charged and found guilty? I usually advise clients not to pay the company’s lawyer for what is called a “civil […]
Legal Question: How to Vacate a Criminal Charge
Please explain the process of vacating a charge. Normally, you would ask to vacate a record of conviction. If you do not have a record of conviction because the charge was ultimately dismissed, what remains on your record is essentially information showing that the charge was filed and dismissed. A more detailed record search would still show […]
Legal Question: Why Am I Being Investigated?
I’ve been asked to give a statement, but I’m not sure why I’m being investigated. Can I ask exactly what it’s about? Should I ask anything else? 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 […]
Legal Question: Expunging My Son’s Record
My son was charged with two counts of assault and spent nine months in county jail. He is getting mental health help and has no incidents. Can his record be expunged? The first step for your son is to make sure he completes his probation without incident. Getting a case dropped from two felony counts […]
Legal Question: Imprisonment
Is there compensation for wrongful imprisonment? It is possible to sue a city or county for wrongful imprisonment/civil rights violations. To do so, you would need to retain an attorney experienced in filing these types of lawsuits.
Legal Question: Extrication
Can I be extricated from another state back to Washington for a gross misdemeanor charge? If you have a warrant out for your arrest, you could be arrested anywhere (in-state or out-of-state). The only way to deal with the situation is to get a lawyer, go in to court, and ask to have your warrant […]
Legal Question: Police Misconduct
My friend was caught stealing a truck and then eluded police. Later he was brutally beat by police after he was arrested and cuffed. Would that effect the outcome of the court case? Even if the police crossed the line, it is still not likely that the case will just get dismissed. However, the police conduct could impact […]
Legal Question: Amputee with a DUI
My friend got pulled over for DUI and driving without a license. He’s an amputee and can’t walk well. Will ICE take this into consideration? It is not clear what they would take this into consideration for. If he is being held in ICE (U.S. Immigration and Customs Enforcement) detention, they would likely have to make some effort […]
Legal Question: Felony
Can a gross misdemeanor become a felony? Yes that can happen, but first the prosecutor would have to ask the court dismiss the gross misdemeanor without prejudice and then re-file the case in Superior Court as a felony charge. The term “without prejudice” means the state is allowed to re-file the case if it chooses […]
Legal Question: What to do After I Got Caught Shoplifting?
I got caught shoplifting and have no prior charges. What I am looking forward to in court fees, and charges? Consider seeking a compromise of misdemeanor. Since you have no prior arrests or convictions for theft or shoplifting, you probably qualify, so long as the merchant consents. You pay the merchant civil restitution, about $200 plus […]
Legal Question: Trial
Is there no such thing as a speedy trial in Washington State? The court rules on speedy trial have been watered down to the degree that they are almost meaningless. It is very difficult anymore for any defense attorney to get a case dismissed based on a speedy trial violation.
Legal Question: Mental Health Deferred Prosecutions for DUI
How is a mental health deferred prosecution treatment plan for a DUI structured to satisfy the court? Mental health deferred prosecutions are less often used in DUI cases than drug/alcohol deferreds. Typically a d.p. requires an evaluation, a treatment plan, a petition to the court, and a proposed order for the judge to sign. The […]
Legal Question: Keeping Your License After DUI
I was charged with reckless driving and have a prior DUI. How do I keep from losing my license? It sounds like you are facing a new reckless driving charge. If you’re convicted, you are facing a mandatory 30 day suspension of your driver’s license by DOL. Furthermore, the court could impose up to 364 […]
Legal Question: Do Expunged Cases Show Up on RAP Sheet?
If your case is dismissed with prejudice, sealed or expunged, will it show up on your RAP sheet? Even if the case was dismissed, there will still be some record that exists in the court computer system and in the law enforcement agency system. It is possible to get a record of “non-conviction data” removed […]
Legal Question: Can Police From Different Jurisdictions Issue Speeding Tickets?
I received a speeding ticket in Renton from a Newcastle police officer. Is this legal? Washington State Law is completely watered down on cross-jurisdictional exercise of police powers. I remember watching the old show Dukes of Hazard when the Dukes would lead the sheriff on a high speed chance to the county line and once […]
Legal Question: Last Will and Testament
Are dogs subject to probate in a Last Will? Can they be transferred to a new guardian upon death or incapacity? Animals are legally speaking, property, so they can, and frequently are, gifted in a person’s last will and testament. Where an animal is given as part of a will, the executor has a duty to transfer the […]
Legal Question: Can I Receive Credit If I Owe Restitution?
If I owe restitution, does the Federal probation officer have the right to stop me from receiving credit? Typically when someone is on Federal probation, it is a standard condition that the probationer’s finances are reviewed and controlled by the probation department. This places the probationer under the probation office’s control for things like buying […]
Legal Question: Probation Violation
I have ignition interlock and my probation officer got a letter that I had start up failures. I received a letter with a court date. What should I do? You should consider contacting an attorney who specializes in DUI defense as soon as you can. Your attorney will be able to advise you whether it makes sense to […]
Legal Question: Can You Be Charged with a DUI if You Weren’t Driving?
I’m looking at my 4th DUI charge, but I wasn’t driving. Can they still charge me with DUI? Short answer: yes. If the police say they observed the car commit a traffic infraction, that they saw you get out of the driver’s seat, and that you showed some sign of being intoxicated, that would likely be […]
Legal Question: Refuting Breathalyzer Results
I took a breathalyzer test five minutes after my last beer and after taking four inhaled breaths on an inhaler. I think it increased the results. Is it possible for breathalyzer test results to get thrown out? There are a couple of things here that you should be aware of. You say that you took a […]
