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Questions Answered by Stan Glisson
2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Washington on
Q: if someone is supposed to go do 60 days can they ask for home monitoring instead and just do more time?

already been sentenced and pleaded guilty

Stan Glisson
Stan Glisson
answered on Aug 18, 2022

Generally no, but it definitely depends on the judge and the circumstances. If something has changed since the sentence was imposed, and not too much time has passed, a reasonable judge would at least listen and consider the request.

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1 Answer | Asked in Criminal Law and DUI / DWI for Washington on
Q: Can a judge grant a deferred prosecution for multiple unrelated charges that occurred on different days?

Criminal history.

Assault (M) reduced to Harassment 1. 2019

DUI 2020

Current charges.

2 counts assault (m)

DUI that occurred 7 days after the assault.

Driving without a license.

Driving without an IID.

Stan Glisson
Stan Glisson
answered on May 31, 2022

Talk to your lawyer to confirm, but with those facts it sounds like they can be included in a single deferred prosecution. "Separate offenses committed more than seven days apart may not be consolidated in a single program." RCW 10.05.010.

1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: Does NCF final mean that An individual is not being charged does that mean they won’t be called into court again later?

Someone I know was arrested and the next day was suppose to go to court. They were never seen and let go with no paper work. Disposition on the website said NCF FINAL. Does that mean they are not being charged. Also if it says final does that mean they are not going summon them back for a trial? I... Read more »

Stan Glisson
Stan Glisson
answered on May 20, 2022

It definitely does not mean that a charge could not be filed in the future. If the prosecutor gets more information or a follow up report, they can change their mind and file until the statute of limitations has run out. That is at least one year, but more for most crimes.

1 Answer | Asked in DUI / DWI for Washington on
Q: If charged with DUI is it mandatory to get IID device or can a person not obtain the IID and not drive in meantime

If charged with DUI can you not obtain a IID device and not drive in the meantime and still get your license back. Or is IID device required to obtain license back again? Hope my question makes sense. Thank you!

Stan Glisson
Stan Glisson
answered on Mar 17, 2022

Unfortunately there isn't one answer for all cases. The answer depends on the court orders, the DOL's action, and whether there are prior offenses.

Certainly someone who isn't driving never needs an IID. But sometimes the judge will order IID as a condition while the case is...
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1 Answer | Asked in Car Accidents for Washington on
Q: I have a felony vehicular assault and it’s been 10 years with nothing else on my record, can I petition to lower it?

My public defender convinced me taking a strike 1 vehicular assault was more so in my best interest than a dui charge and now 10 years later I’d really like to not be a violent felon!

Stan Glisson
Stan Glisson
answered on Dec 6, 2021

It probably depends on how the case was charged and plead. Vehicular Assault is a class B felony, so ten years would be the waiting period to vacate. But there are three different ways to commit the crime of Vehicular Assault, my opinion is that one of them is eligible to vacate but the other two... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Washington on
Q: I was arrested and sentenced on a drug charge in California, I live in Washington state. Can new legislature effect me

It was at the Otay border and I took the plea for 36 months. Washington state has basically decriminalized drug possession and I was just wondering if it could effect my case

Stan Glisson
Stan Glisson
answered on Oct 7, 2021

I'm afraid not. The change in WA drug law was a very specific ruling based on the wording of the WA possession statute, which was unique in the country. This change would not affect convictions from any other state or the federal system.

If you want to read more about how the change...
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1 Answer | Asked in Criminal Law for Washington on
Q: In a 1986 murder case a man was convicted only he wasnt he just found it in a back ground check , its a mistake now what
Stan Glisson
Stan Glisson
answered on Sep 2, 2021

If that came up in a WA background check, I would start with WA State Patrol, as they maintain the database. This link has their contact information as well as a form to fill out to request to modify or correct a record:

https://www.wsp.wa.gov/crime/criminal-history/

1 Answer | Asked in Car Accidents for Washington on
Q: I was in a traffic accident I can’t get my license DOL give me a lawyers number should I talk to that lawyer?
Stan Glisson
Stan Glisson
answered on Aug 30, 2021

The other driver probably got a judgement against you for the damages in the crash. If you were uninsured, then you may be responsible for the other person's damages.

If that happened, then yes you will have to work out a financial arrangement with the other side before the hold on...
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1 Answer | Asked in Criminal Law for Washington on
Q: After a mistrial does the defendant have to be rearranged for the second trial

No just curious about how retrials work and do you have to be rearranged

Stan Glisson
Stan Glisson
answered on Aug 30, 2021

There isn't a requirement that the defendant be re-arraigned, but it does re-start the time for trial. So a new 90 or 60 days, just like it was arraignment all over again.

1 Answer | Asked in Traffic Tickets for Washington on
Q: Just received a ticket from an infraction that happened 8 months ago
Stan Glisson
Stan Glisson
answered on Aug 9, 2021

Make sure you respond (or hire a lawyer) right away. The ticket probably tells you that you have 14 days to respond, and if you miss that deadline it will be found committed by default.

4 Answers | Asked in Car Accidents and Personal Injury for Washington on
Q: I need advice on starting negotiations for my pain and suffering settlement because of a car accident.

Arbitration determined the other party was 100% at fault. dash cam footage shows the driver turned sideways on the freeway right in front of us. My husband was driving, I was in the front passenger seat and our 13 month old daughter was in the back in her carseat. We all went to the ER, but not via... Read more »

Stan Glisson
Stan Glisson
answered on Jul 21, 2021

I hate to say this, but my experience is that you will never get a fair settlement without an attorney. Unless the insurance company legitimately believes that you are prepared and able to put your case in front of a jury, they will never feel the need to pay what your claim is worth. They will... Read more »

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2 Answers | Asked in Criminal Law for Washington on
Q: Where do I go to get my possession of controlled substance charges dropped off my record
Stan Glisson
Stan Glisson
answered on Jul 15, 2021

Easy answer is to call the lawyer who represented you. If that isn't possible, the public defender's office in the county where the conviction occurred can help you. In many counties, you can just call the prosecutor's office. Most of them have an assigned person or team who is... Read more »

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1 Answer | Asked in Criminal Law for Washington on
Q: If I've never been in trouble a day in my life and got picked up on FOR DOMESTIC ABUSE BATTERY -STRANGULATION (13A)

Am I looking at jail time and I do need a lawyer

Stan Glisson
Stan Glisson
answered on Jun 7, 2021

Normally where strangulation is alleged, the charge in court winds up being Second Degree Assault. The sentence range for that is 3 - 9 months in jail. I would certainly recommend you talk to a lawyer who practices in your area as soon as you can.

2 Answers | Asked in Traffic Tickets and Civil Rights for Washington on
Q: Hi my husband got a letter saying the department of licensing is taken away his driving privilege authority 46.20.207

46.25.060 because if suspension or revocation of your driving privilege in another state.. which makes no sense he lives in Washington and. Has not been anywhere but Washington and he didn't give anyone wrong info so we are so confused makes no sence

Stan Glisson
Stan Glisson
answered on Jun 7, 2021

There are a lot of reasons a notice like that could go out, including just a mistake by DOL. Fixing those things take time, so you should definitely consult with a lawyer as quickly as you can. They'll want to see a copy of the letter he got so they can start working with DOL to remedy the... Read more »

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1 Answer | Asked in Criminal Law for Washington on
Q: What is an RCW: 26.50.110(5) F
Stan Glisson
Stan Glisson
answered on May 24, 2021

Depends where you are seeing it- but it is probably a reference to someone being charged with violation of a protection order.

https://app.leg.wa.gov/RCW/default.aspx?cite=26.50.110

1 Answer | Asked in Criminal Law for Washington on
Q: Do I, the accused, have a right to have a copy of the discovery?

I want to see my discovery. The full discovery of evidence. My attorney says he will get in trouble if he gives it to me

Stan Glisson
Stan Glisson
answered on May 4, 2021

That's a good question, this is an odd and frustrating area of the law. There actually are a number of laws and rules that prohibit your lawyer from just handing over (or copying) the discovery to you, without approval from the prosecutor's office that provided it. The discovery is, in a... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: Okay I was convicted of felony drug possession a couple years back in washington and am still on community Custody

I wasnt even in possession of any drugs is it possible to have the conviction over turned and be taken off community custody

Stan Glisson
Stan Glisson
answered on Apr 24, 2021

If it was simple possession, then you should be eligible to have that conviction vacated immediately. The state supreme court recently struck down our possession law as unconstitutional and courts are vacating possession convictions. You should contact the attorney who represented you, or the... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: With Washington state changing the law surrounding felony drug possession, is it possible to have a conviction reduced?

Now that drug possession is no longer considered a felony offense, am I able to petition for a reduction or even to vacate the conviction as long as it meets the new criteria? If it helps to understand where I am coming from, drugs were found in my house, not on my person, in the amount of <0.1 g.

Stan Glisson
Stan Glisson
answered on Apr 6, 2021

If it was simple possession (felony or misdemeanor), then yes - it should eligible to be vacated. You should call the lawyer who represented you at the time, or maybe the public defense office for that court.

Here is a very short blog post I wrote on the topic if you want a little more...
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1 Answer | Asked in Criminal Law for Washington on
Q: Went to a pawn shop and bought 2 coins. Got home and realized that she only charged me for one. Ticket in mail

What do I do. Can I go back and pay them the $35

Stan Glisson
Stan Glisson
answered on Mar 23, 2021

When you say "ticket in mail", do you mean you were criminally charged? If so, I would not recommend you contact the store directly, you should have a lawyer do that for you. It's a simple enough misunderstanding, but could grow in to something worse if not handled cautiously.

1 Answer | Asked in Criminal Law for Washington on
Q: Can a warrant be issued by the court for not submitting DNA after being released?

All my cases have been closed dispite not giving DNA, ive called the local bails bonds and they said that all my cases show that they are closed and that there wasnt any court dates or warrant issuance.

Stan Glisson
Stan Glisson
answered on Feb 16, 2021

Absolutely. The normal process is to set a court date first, then issue a warrant at that hearing. But if providing a DNA sample was a court requirement, and it wasn't done, then the court can definitely issue a warrant.

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