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I'm 26 and got nabbed for my second DUI by the state patrol. The last incident was around four and a half years ago, but it got reduced to Neg 1, and I blew a 0.11. This time, it's more serious, at 0.17. I've entered a plea of not guilty. Right now, I need some guidance on what steps... View More 
answered on Mar 26, 2024
Sorry to hear. Although the prior was reduced to Neg 1, for sentencing purposes, it would count as a prior DUI. You will likely be facing enhanced penalties due to the breath test result reaching .15. A conviction for a 2nd DUI could result in a mandatory minimum of 45 days in jail plus 90 days of... View More
My vehicle was parked at my ex- girlfriends house and she got into my vehicle and took my cell phone. She accessed information from my cell phone and then turned my cell phone in to the sheriff's department so they could access info from my cell phone to use as evidence. Is this legal for them... View More
answered on Jan 5, 2024
Sorry to hear this happened. The Constitution protects against the government doing illegal search and seizures...however, this protection does not apply to private citizens who are turning over information or items to law enforcement.
However, if the government (law enforcement) is asking... View More
Last Thursday I was in a domestic violence incident. The accused is charged with the question above. I’m unsure why he has two different charges for one single incident… a weapon was not used during the assault. When the police went to question him he came out with a loaded gun? Could the... View More
answered on Oct 23, 2023
Sorry to hear. In Washington State, it is not uncommon to have multiple charges for a single incident involving domestic violence allegations. The police report should give the reasoning behind the weapon enhancement. It is not uncommon to be over-charged. He will of course need a good attorney to... View More
car was parked by person #1 who left immediately after. Person#2 went inside to use bathroom while others parked. Person #2 went out to car and fell asleep in drivers seat for 4 hours. Neighbors called in wellness check and Police want to charge Person #2 with physical control rcw 46.61.504. Also... View More
answered on Jun 6, 2023
Sorry to hear. Unfortunately there is not a list of specific parameters needed to be considered in physical control of a vehicle. However, there is an important defense of being safely off the roadway.
In the opinion of the arresting officer, the vehicle might have been too close to the... View More
I have no previous record,girlfriend and I got into argument she started kicking me so I grabbed her by the back of the neck and pushed her aside so I could leave. I immediately called 911 and explained what happened and told them where I'd be since I was leaving home to avoid it escalating.... View More
answered on May 6, 2023
Hello, unfortunately it’s not a simple process to reduce a felony to a misdemeanor or to convince the prosecutor to drop charges…even if the alleged victim doesn’t want the charges. Sometimes an effective self-defense argument can be made….but a criminal defense attorney should carefully... View More
I was pulled over for destruction of public property. They said the parks will sometimes make a deal instead of pressing charges. What should I do? Also if I work out a deal do this goes on my record for jobs and such?
answered on Jan 25, 2023
Sorry to hear. Destruction of property can be charged as a misdemeanor or felony (depending on the level of damage). This definitely could go on your criminal record. It would be a good idea to reach out to a criminal defense attorney to see if they can investigate further...and hopefully work out... View More
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
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
The case was dismissed via pre-trial diversion agreement. No prior record in any state before or since. No order of protection nor under any investigations. This happened two years ago and the case was dismissed in 2021
answered on Jan 3, 2023
A pretrial diversion agreement typically does not involve any finding or conviction. Because your case remained in pretrial status and was ultimately dismissed you will not lose your right to possess firearms as a result of entering into the agreement. You may want to confirm that your case was... View More
I completely overreacted and was very upset due to my past relationships
answered on Dec 22, 2022
Sorry to hear. This is a very delicate matter since doing so could expose you to criminal charges, if you were to admit to making a false police report. Definitely speak to a criminal defense attorney before attempting to recant a statement. This should not be the same attorney that is defending... View More
answered on Sep 13, 2024
Sorry to hear of your situation. You would very likely be found to be in contempt of the court. It would be a good idea for you to privately discuss this issue with a criminal defense attorney. Best of luck.
The original attorney of the opposing party died. The opposing party told the court that they could not get the original records with her death and her office having shuttered. Access to these records are critical. What are my options?
answered on Sep 6, 2024
Sorry to hear. You can try contacting the Washington State Bar Association. Best of luck.
I had my mother's van and I had her keys. While in wa state my ex was driving and a car hit us. He kept going and didn't stop because he had no license. The police called my mother and told her she had to report it stolen or she'd be in trouble. Do she said it was stolen. I was taken... View More
answered on Aug 28, 2024
Sorry to hear. You will want to contact an attorney in the St. Paul area, as Minnesota has jurisdiction and their laws will apply. Best of luck in your search.
answered on May 16, 2024
Sorry to hear. Your son should ask to speak to an attorney. Drug smuggling is a very serious allegation.
answered on Apr 24, 2024
Yes, law enforcement must inform that the field sobriety tests are optional. This is one of many issues that can be challenged by an experienced DUI lawyer.
I lived with my boyfriend, my dad and sister. Sister has drug/alcohol abuse problems. She came home one night and attacked each of us. After some time trying to diffuse the violence, I called 911 since sister and potentially father were injured. Police showed up and questioned all of us, resulting... View More
answered on Apr 15, 2024
Sorry to hear. Do not sign anything without the guidance of an attorney representing you.
My fiancé was charged with a DV 4th degree years ago because of an argument and we are wondering if we can get this expunged from his record.
answered on Mar 29, 2024
It's possible. There isn't enough information here to give much advice, other than to call a criminal defense attorney to see if he is eligible. Some of us offer a free phone consultation to determine eligibility.
I live in Washington state and have a current DVPO against my ex. The only contact allowed is third party for child visitation or email about visitation and time. He is constantly posting about me on Facebook referring to me as “my son’s mom” “my kids mom” calling me a terrible parent and... View More
answered on Feb 5, 2024
Sorry to hear. It would depend on the exact wording of the order. Depending on the wording of the order, you may need to modify it to make it more restrictive. Best of luck
answered on Nov 19, 2023
Good Morning. Representing oneself on any criminal issue is not advised. If you do not have the means to pay for a private attorney, a public defender is advised. A private attorney might be able to work with your budget if they offer a payment plan. Best of luck.
Hi, a friend was driving a car that is licensed in my name and he got into a police chase that got called off a few mins later so he ended up getting away etc ... He left the car out of town. Few days later I had a letter from police saying car was in the impound and the drivers section on the form... View More
answered on Nov 3, 2023
Sorry to hear. A lawyer can carefully tell your side of the story.
Neighbor wearing gun says blackberries and trees on our property can't be cut. We can't even cut branches overhanging our driveway. Happens both 3 and 30 ft away from property line. He said the drain ditch that traverses both properties will collapse and it's protected. The nearest... View More
answered on Nov 2, 2023
Sorry to hear. A civil anti-harassment protection order is a common remedy for a neighbor dispute involving unwanted and threatening contact. A good attorney will give you the best chance of getting the order issued.
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