Justice On Trial Podcast
Madrone on Justice On Trial Podcast Justice on Trial is a lively podcast where attorney Julie A. Helling and her guests look at the state of justice in the U.S. today. She explores important legal issues through interviews with experts — like our Attorney Adrian Martinez Madrone. Helling also finds out what “people on the street” think of the […]
Legal Question: Earned Release Time
My friend went to jail for robbery. How do I determine his earned release time? Good time credit or Earned Release Time (as it is called by the Washington Department of Corrections) is generally 1/3 (33%) of the sentence. For sentences on “serious violent offenses,” the good time credit cannot be more than 15 percent. […]
Whatcom County Bar Association President
Mark Kaiman Elected President of the Whatcom County Bar AssociationAttorney Mark A. Kaiman has been elected as the President of the Whatcom County Bar Association for 2015. The WCBA draws its members from the legal community in and around Bellingham, Washington and works to promote the administration of justice, cultivate goodwill among its members and the […]
Legal Question: Can I Change Attorneys Mid-Case?
I am not happy with the counsel handling my DUI case. What are the odds of finding an attorney with the trial a month away? You have the absolute right to be represented by the attorney of your choosing. Let your current attorney know that you’re not happy, and that you’re planning on changing counsel. This doesn’t […]
Legal Question: First Degree Trespass
I opened a door, yelled at the homeowner and was charged with first degree trespass. Do I need an attorney? First degree trespass in the unlawful entry into a building or structure without permission of the owner or entry after the permission to enter has been revoked by the owner. Trespassing first is a gross […]
Legal Question: Military Housing
Can the military kick me and my kids out of base housing while my husband is deployed? Without knowing the facts, on an Army base, the post commander has authority to revoke base housing for reasonable cause, which can include reasons involving nuisance, physical violence toward others, or repeated violations of the base housing rules. A […]
Legal Question: Sentencing Technicality
The Public Defender coerced our son into pleading guilty. He was fined and given 30 days in jail. All parties except the public defender signed the sentencing documents. Can that be a technicality? Reading between the lines a little, you seem to be asking, “Would the fact that the defense attorney did not sign the […]
Legal Question: What to do After a Negligent Driving Ticket
I received a complex negligent driving second degree. Should I get an attorney or go for it alone? I believe I can get everything dismissed. You absolutely need an attorney. Although you are entering into this with great confidence that you can get everything dismissed, it is likely to be more challenging than you expect. An attorney’s […]
Legal Question: Restitution
I support my boyfriend who is making restitution payments. There is a financial hearing in Idaho we can’t possibly make. What do we do? The best thing your boyfriend can do is to stay in touch with the court, and let the court know what his circumstances are. This is far better than stopping paying […]
Legal Question: I Disagree with My Public Defender
If my lawyer is a public defender and suggests I plead guilty without hearing my own side of a case, should I fire him? You have the right to counsel in a criminal case, and you have been provided with a public defender. In most jurisdictions, your public defender is assigned to you. If you want a […]
Legal Question: How do I Contest a Traffic Ticket?
How do I contest a traffic ticket with multiple citations? Your best chance of success in getting a good outcome on these citations is to retain an experienced attorney who handles traffic infractions. Many people assume that if they just go into court and explain what happened to the judge, the citations will get thrown […]
Legal Question: Clearing a DUI from Your Record
What does my son need to do to clear a DUI from his record so he can get his drivers license? He lives out-of-state. He needs to go back to the court where he was convicted (ideally with an attorney at his side), and petition the court to quash (get rid of) his arrest warrant. Once […]
Legal Question: Removing Theft Charge from Record
How do I get a juvenile 3rd degree theft charge off my record? A juvenile criminal conviction is not automatically removed from your record once you turn 18. You have to go back to the court and request that your juvenile record be “sealed.” There is a specific process you have to go through to […]
Legal Question: Theft
I have a court date and could be charged with theft. Do I need an attorney? Yes, you need a lawyer. And yes, you can and should screen for a public defender if you cannot afford to hire your own attorney. A theft conviction can make future employment even more difficult to obtain, so you want […]
Legal Question: Can I Purchase a Firearm if I Have an Active Misdemeanor Warrant in Washington State?
Can I purchase a firearm from a legal dealer if I have an active (2009) misdemeanor warrant in Washington state? It appears that RCW 9.41.090 would prevent a dealer from selling a firearm to you if you have an active misdemeanor warrant (which is what an MIP warrant would be). Your best bet is to […]
Legal Question: Illegal Possession of a Firearm
Can my friend be charged with possession of a firearm if the police found the gun outside and not on his person? The answer to this question will depend on whether the person is legally prohibited from owning a firearm, where the gun was found, and what would tie your friend to the gun. Depending […]
Legal Question: Underage Speeding Ticket
I am 15 and received a speeding ticket. Am I eligible to request a deferral? You may be eligible to request a deferral, but this does not necessarily mean this is the best choice for you. Given your age, it would be best to consult with an experienced traffic infraction attorney to understand all of […]
Legal Question: Underage Speeding Ticket
I received a speeding ticket for going 40 mph in a 25 mph zone. I’m underage. What should I do? Given your age, it could be very important to contest this case. This infraction could lead to a suspension of your driving privilege, and there are likely better options that could help you avoid this […]
Legal Question: Can You Get a DUI if You Blow Under the Limit?
Can I get a DUI if I “blew under” during a breathalyzer test at county jail? The good news is that you blew into the machine and the BAC (blood alcohol result)result was under .08. The bad news is that you can still be charged with DUI. The prosecution might still try to convict you […]
Legal Question: Drug Screen
Can a general contractor who requires a drug screen share that information with anyone outside the company? Numerous states around the country have laws and regulations restricting an employer’s right to require drug testing, however Washington State is not one of them. In short, there are no laws in Washington addressing drug testing in private […]
Legal Question: Can an Old Restraining Order be Expunged?
Could an old restraining order be expunged or sealed? Assuming this is a civil protection order (meaning one not connected to a criminal charge), the short answer is no. On paper there is a court rule that allows for some court records to be sealed. However, the case of Seattle Times v. Ishikawa dramatically reduced […]
Legal Question: Admissible Testimony
I lied to my therapist. If I were investigated for a crime—reported by the therapist who never got my signed release—is anything I told her admissible? First, NEVER NEVER admit to any crime, real or made up for any reason. In this day and age, even made up comments indicating you violated the law will be […]
Legal Question: Privacy
Can a sheriff’s deputy legally open my car door without consent at a traffic stop? I think the answer here is probably, but it depends on all of the facts in the situation. In a typical traffic infraction stop, the door of your car may be opened without your consent if the officer has probable […]
Legal Question: Identity Theft
What can I do to have charges brought against a person who stole my identity and embezzled from my business account? Most County Prosecutors will jump all over this sort of thing. With the national statistics now projecting 3 out of 5 Americans becoming ID theft victims in the next three years, it’s hard to understand […]
Legal Question: Appeal
How does the sentencing and appeal process work for felony criminal convictions? Does counsel for appeal have to immediately decided? The first thing to do is file a notice of appeal in the superior court. That should be done quickly. You do not have to fully decide which lawyer is going to handle the appeal […]
