Lawyers, Answer Questions  & Get Points Log In
Washington Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Washington on
Q: Is it a violation of my rights for my lawyer to switch to a different lawyer from his Law Firm without notifying me

So at arraignment the court assigned me a specific lawyer in documents and everything call them out and gave me a paper with his name on it the whole nine yards tried contacting him for weeks finally I left him a message saying that I was documenting all the failed attempts at contact and he called... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

If you were assigned a lawyer and another attorney from the same firm is representing you without your knowledge or consent, this could be a breach of your rights to effective assistance of counsel. Communication is key in the attorney-client relationship, and you should be notified of any changes... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Washington on
Q: Does it affect my case or my rights at all when I find out my lawyers are lying to me about the different things

So my first attorney would not show me my police reports or discuss any details with me even ones that the judge said that she was supposed to she used Scare Tactics scared my mom and dad so bad that they were begging me to take a plea deal used vague terminology such as jail time served or a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

If you believe your attorney has been dishonest with you, this could impact your case and your rights. An attorney is bound by ethical obligations to communicate honestly with their clients, and failure to do so could be grounds for a complaint with the state bar association. It is critical that... View More

1 Answer | Asked in Constitutional Law, Health Care Law and Civil Rights for Washington on
Q: I had my medical license in CA put on probation after three weird encounters with corrupt and dumb police. I had

already left CA terrified and moved to NM. There, severe sleep apnea and hypoxia was missed until I was so disabled I didn't even think to get help to get on disability. Eventually a social worker got me help and I was given federal disability. I asked the CA medical board to change my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2023

The situation you described raises concerns about potential violations of your rights. If you believe that your rights under the Americans with Disabilities Act or other relevant laws were violated, you may have grounds to pursue a complaint or lawsuit.

It's crucial to gather all...
View More

1 Answer | Asked in Criminal Law and Constitutional Law for Washington on
Q: In Wa,Can I retrieve possessions of mine from a car that is determined to be stolen if I am not the driver

I was exiting a veichle to go to into a store and a cop approached, he asked about the veichle which was parked wrong , I informed him I knew nothing about it and went into the sore, leaving my backpack, later when I returned to grab my things I was told the car has been reported stolen , can I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

In Washington, as in many states, if you can prove ownership of personal items inside a vehicle that has been determined to be stolen, you typically have a right to retrieve those items. The police department or impound lot may have a procedure for you to follow. You'd likely need to provide... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Washington on
Q: Hi, when on bail and report once a week to police station do you still need to report if you attend court the same day
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2023

If you are on bail and required to report to a police station once a week, you would generally still be required to attend your scheduled report date even if you also have a court appearance on the same day. This is because the court appearance is a separate requirement from your bail conditions.... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Washington on
Q: Americans with disabilities act

My husband retired from 22 years of military service then decided to become a police officer as his second career. His disability percentage is still pending from the military. He has passed all testing (Physical, physical fitness, poly, psych eval) and has been hired by the city. He was told... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2023

Under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against employees or job applicants on the basis of disability. This includes disability discrimination in hiring, pay, promotions, benefits, and other employment terms and conditions.

If your...
View More

1 Answer | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Washington on
Q: I swear the police used to have to give a ticket for the reason they pulled you over if they are giving you ticket or

So I remember getting infractions dropped due to the officer failing to write you up on original reason for the stop . Example cop pulls over says forgot turn signal while switching lanes but doesn't wite you up for that. But proceeded to issue a ticket for something else like failure to... View More

Antone Alfred Weber
Antone Alfred Weber
answered on Jan 12, 2023

Yes, they must have a reasonable suspicion that a crime or an infraction was committed to pull you over. No, they are not required to cite you for that violation. They may elect to warn you regarding that violation. They may also cite you for a violation discovered during the course of the stop,... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Washington on
Q: got notified that Im not legal to possess/own a firearm when I applied for the permit. I have never had a felony so why?

And how do I get this changed. I feel im being harrassed by the local sheriffs office after they had wrongly arrested me when my husband passed away. Long story, maybe I need to speak with someone about this to fill in all the ugly disgusting details. I live in Washington state. Please help

Cristine Beckwith
PREMIUM
Cristine Beckwith
answered on Jan 6, 2023

Sorry to hear. There are some misdemeanors with the Domestic Violence designation that can result in the loss of firearm rights.

I recommend that you contact a criminal defense attorney in your area to discuss your criminal history (if any) and to see if there is something there that...
View More

1 Answer | Asked in Civil Rights and Constitutional Law for Washington on
Q: Police have my car for three years and haven’t notified me

a customer of mine was buying a car for me, but never made the payments turn to find out he was arrested and the car was seized over three years ago, and I been legal owner never notified by any sort or kind of communication via, but not limited to : written letter, Fax , phone , email, and in... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024

If you are the legal owner of the car and it was seized by the police over three years ago without any notification, you should take the following steps:

1. Gather all documents proving your ownership of the vehicle, such as the title, registration, bill of sale, or any other relevant...
View More

1 Answer | Asked in Constitutional Law for Washington on
Q: United Statese v. Wonson (1812)

In the 1812 case United States v. Wonson, what was the dispute between the 2 parties about? As in, what were the arguments of both parties? The information online on this case is very scarce. Thank you!

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024

In United States v. Wonson (1812), the federal government sought a new trial against Samuel Wonson after it had already lost an earlier civil case against him over land titles. Specifically, the government wanted to retry the factual issues in the case related to the validity of Wonson's... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Washington on
Q: For a lawsuit under 42 USC § 1983, what is the length of time for the statute of limitations and when does it start?

Jurisdiction: Washington State

At issue: Rights secured by multiple federal amendments and sections of the WA Declaration of Rights.

The case involves an arrest, significant pre-trial detention due to COVID-related court shutdowns, and a not guilty finding by a jury.

Does... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2024

In a lawsuit under 42 USC § 1983 in Washington State, the statute of limitations is generally three years. This timeframe is based on the state's personal injury statute of limitations, as federal law does not specify a limitations period for § 1983 claims.

The clock for the statute...
View More

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law, Criminal Law and Family Law for Washington on
Q: Constitutionality of No-contact Order barring Pro Se access to Superior Courthouse? Hypothetical situation/timeline.

-Dist.Court signs a no-contact Order restraining "R"espondent from entering "P"etitioner's workplace.

-P. works as a custodian at the Superior Courthouse where P.vs.R.'s Divorcew/child matter is heard.

-Both P.&R. are ProSe litigants.

-P.... View More

Zachary C Ashby
Zachary C Ashby
answered on Feb 10, 2022

Publicly posting information about your case--such as a confession or description of action--can be used against you in Court. No one should post this level of detail online.

As with all protective orders, the terms of the order must be strictly followed. There were other options such as...
View More

2 Answers | Asked in Criminal Law and Constitutional Law for Washington on
Q: An inmate in the county jail Yakima Washington wants me to be his POA to negotiate a plea bargain for him

His assigned counsel refused to submit his written counterplea before the prosecutor's deadline to either accept his plea and sentence or he would add more charges to his cases. He will submit a limited POA notice to an attorney who will make me his legal POA for negotiating a better plea. I... View More

Patrick Owen Earl
Patrick Owen Earl
answered on Aug 18, 2021

It is not smart to have a person talk with prosecutor's about a possible resolution to criminal offenses without being an attorney AND not the attorney that will trying the case if it is to go to trial. The person NEEDS to be an attorney first of all, I wasn't sure if this person with a... View More

View More Answers

2 Answers | Asked in Criminal Law, Traffic Tickets and Constitutional Law for Washington on
Q: The right to travel does that mean it is legal to drive without a driver's license?
James Laukkonen
James Laukkonen
answered on May 19, 2021

Having a right to travel does not mean that you have a right to drive a car. You can travel by walking, by riding a horse, or by many other methods that do not involve cars. Driving a car is a privilege, and all states regulate that privilege.

View More Answers

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Washington on
Q: Trying to have my over 15 year old records sealed and esponge so I can own a fire arm again to protect my family and my

How much is it going to cost and how do I file federal statutes of limitations is way ben up

Jennifer Melissa Azure
Jennifer Melissa Azure
answered on Feb 6, 2021

Restoration of your firearm rights, vacating, sealing or expunging your record can all be done in Washington State, but definitely depends upon your history. You can complete the firearm restoration in either the county where the offense was committed, or the jurisdiction you are currently living.... View More

2 Answers | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Washington on
Q: Does an officer have to have a provable reason to pull u over

Case Description: So I had been driving home from getting my daughter and got lit up by a sheriff. I was about 100 yards from my driveway so I made the decision of not stopping right away and continuing to my driveway so my car wouldn’t possibly get towed and my daughter would have to be stuck in... View More

Patrick Owen Earl
Patrick Owen Earl
answered on Jul 11, 2020

They don't have to prove beyond a reasonable doubt that you committed an infraction or something to pull you over. But there has to be a reason that they can explain and have some testimony towards the reason(s). For example, he could be saying I saw that this vehicle was traveling over the... View More

View More Answers

1 Answer | Asked in Criminal Law, Federal Crimes and Constitutional Law for Washington on
Q: What to do when there is entire county of corrupt cops and i cant report elsewhere because its outside of specific count
Cristine Beckwith
PREMIUM
Cristine Beckwith
answered on Jun 6, 2020

In certain cases, when it can be proven to the court that a certain jurisdiction would not be able to hold a fair trial, a motion to change venue could be granted. We would need to speak with you so we can get additional information. Please feel free to contact us at 253-238-8273.

1 Answer | Asked in Criminal Law and Constitutional Law for Washington on
Q: Is a k9 sniff probable cause to seize a vehicle, from Wal-Mart parking lot?

While customers are shopping inside Poulsbo Wal-Mart, an office is outside looking in the windows of parked cars. If he feels necessary he brings his K9 out to sniff. If his K9 "hits" he has the vehicle taken to police station, then applies for warrant.

Patrick Owen Earl
Patrick Owen Earl
answered on Jan 14, 2020

Officers can look into cars and if they see something in plain sight that is suspicious they have the ability to investigate. So I haven't researched this issue but it is one looks on its surface that it is fine but I would be interested in what the case law says about it. However, you will... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Washington on
Q: Is there an available attorney to assist on a contingent civil matter for Everett, WA?
Tim Akpinar
Tim Akpinar
answered on Dec 15, 2019

It could depend on what the matter is. Your question remains open because this is more of a question & answer board than a lawyer referral service. You could go to the Find-a-Lawyer tab above to the left and look for lawyers in your area and in the legal area involved. If it involves an... View More

1 Answer | Asked in Constitutional Law, Intellectual Property and Small Claims for Washington on
Q: So if someone who I live with who I have no relationship to, violates my 4 amendment right, can I create a case?
Tim Akpinar
Tim Akpinar
answered on Dec 4, 2019

The Fourth Amendment applies to unlawful searches or seizures on the part of the government. Your situation sounds like a civil matter between two individuals. Keep in mind that whatever legal remedies might be applicable here that a Washington attorney could advise about, it could be... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.