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Questions Answered by Stan Glisson
1 Answer | Asked in Criminal Law for Washington on
Q: How long does a Western State competency take and what is involved?
Stan Glisson
Stan Glisson answered on Nov 19, 2020

When a defendant's mental competency to stand trial is questioned, they are referred to Western State Hospital for evaluation. The doctor there gives the court a written report with an opinion on whether the person is or isn't competent to go forward.

There are different time...
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2 Answers | Asked in Criminal Law for Washington on
Q: Assault case if the alleged victim doesn't show to court and retracts his statement is the case dismissed

the two eyewitnesses testify that it's not the defendant and a police officer is saying it is because he recognizes him supposedly on video

Stan Glisson
Stan Glisson answered on Nov 3, 2020

It's certainly possible that might happen, but not definite. If the prosecutor believes they can prove the case to a jury without the cooperation of the victim, then the prosecution will typically go forward. Many cases are prosecuted that way. You need a lawyer to evaluate the admissible... Read more »

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3 Answers | Asked in DUI / DWI for Washington on
Q: I just received a request for DUI hearing But I have never been arrested. Is this a mistake?

UPDATED INFO: This happened eight months ago. Why am I just now getting notice? Also, is there a police report out there that I can review?

I had a medical emergency, pulled over to the side of the freeway. Police recalled, they took a breath test and ambulance was called. I was... Read more »

Stan Glisson
Stan Glisson answered on Oct 29, 2020

There doesn't have to be an arrest for the prosecutor to later file a DUI charge. If the investigating officer thought you were under the influence (of alcohol or a drug), they can forward that report to the prosecutor and charges can get filed that way. This is pretty common when the person... Read more »

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1 Answer | Asked in Criminal Law for Washington on
Q: Can an Order for Protection remain in effect for 11 years in washington state?
Stan Glisson
Stan Glisson answered on Oct 27, 2020

Sure. The RCW creates multiple different types of protection order. Some have statutory limits but there are certainly circumstances where a judge can issue a lifetime protection order. Depends on what kind of circumstances gave rise to the order.

3 Answers | Asked in Criminal Law for Washington on
Q: Can my wife's statement to the cops be used against me in court
Stan Glisson
Stan Glisson answered on Oct 1, 2020

Generally no.

"A spouse or domestic partner shall not be examined for or against his or her spouse or domestic partner, without the consent of the spouse or domestic partner; nor can either during marriage or during the domestic partnership or afterward, be without the consent of the...
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2 Answers | Asked in Criminal Law for Washington on
Q: I was recently charged with theft through Walmart. I was never taken to jail, but I am still worried about jail time.

I have a previous reckless endangerment charge that is pending upon completion alcohol class and $100 which are both done, however I’m worried this new charge will effect that outcome? Am I able to get this theft charged dropped even though I have a pending other charge. I do plan on trying to... Read more »

Stan Glisson
Stan Glisson answered on Oct 1, 2020

Yes, if you have another case pending on conditions then a new charge will definitely have an impact on that. Depending on where you are, the new charge might get filed in a week, or might get filed in several months. You should definitely talk in private with an attorney in your area as soon as... Read more »

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1 Answer | Asked in Personal Injury for Washington on
Q: Should my mother sign a medical release after a slip and fall in a grocery store?

The grocery store did not have a bolt on a metal plate on the floor and my mother fell over it and hurt her knee and potentially her back

Stan Glisson
Stan Glisson answered on Sep 24, 2020

It depends on who is asking her to sign the release. If it is the store's risk management or legal representative, then I would definitely advise her to talk to a lawyer first. Most attorneys do a free consultation (probably by phone) so she can get her specific questions answered.

If...
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1 Answer | Asked in Civil Litigation and Traffic Tickets for Washington on
Q: Maximum License Suspension

I have an unpaid judgement against me due to uninsured accident. My license has been suspended for 13 years. Shouldn't the suspension period be 10 years?

Stan Glisson
Stan Glisson answered on Sep 21, 2020

The judgment that suspended you may expire after 10 (or it can be renewed). But even if it expires, the license remains suspended until reinstated. It's possible that you are eligible to reinstate, but of course there can be multiple reasons that a license is suspended; while one expires,... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: I left for one week and now the owner of the place won't let me on the property to get my belongings?

I don't owe any money and now he's selling my things! Can he do this?

Stan Glisson
Stan Glisson answered on Sep 16, 2020

Most counties have some kind of legal aid client designed to help tenants with landlord disputes. In Kitsap county it's https://www.washingtonlawhelp.org/organization/kitsap-housing-justice-project

If you contact them, they might be able to point you to resources in your area.

1 Answer | Asked in Criminal Law for Washington on
Q: How do I request the video of a police interigation. Are the videos of testimonies public information
Stan Glisson
Stan Glisson answered on Sep 14, 2020

Public records request. Most police agencies have a form on their website you can use to make the request.

1 Answer | Asked in Criminal Law for Washington on
Q: Is the video of my police interview confidential
Stan Glisson
Stan Glisson answered on Sep 14, 2020

Typically not. Although while the case is under investigation, the police can keep evidence to themselves. Once the investigation is complete and the case is either filed in court or not, then in almost every case that video would become accessible to virtually anyone who asked. Different rules may... Read more »

1 Answer | Asked in Traffic Tickets for Washington on
Q: I got a ticket for not having my insurance on me, I just wanted to know if the fee can be dismissed and do i get a point
Stan Glisson
Stan Glisson answered on Sep 13, 2020

Well Washington doesn't work on a point system, so you don't have to worry about that (although it is a similar system, where too many moving violations in certain time period can result in a suspension of your license).

But if you were insured at the time and have proof, that...
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1 Answer | Asked in DUI / DWI and Car Accidents for Washington on
Q: Are you able to have copies of your Discovery File ? When is the latest you can fire a attorney? Grounds on firing ?

Present attorney has no witnesses.

Has had 4 years to get any info on clients behalf .

Was tested and given her rights at hospital while under drugs . Client answered questions she didn’t even know she was asked . All info was taken will client was out of it in hospital after surgery.

Stan Glisson
Stan Glisson answered on Aug 20, 2020

Good questions.

Can you have a copy of the discovery from your file? There is actually a law that severely limits your lawyer's ability to just give you a copy of your file. It may be possible, but may require some redactions. Ask your lawyer about your particular case. You can also...
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1 Answer | Asked in Criminal Law for Washington on
Q: I currently live with my grandmother who is at high risk for covid-19. I have court in another County and she is afraid

She is afraid of me can check and go visit and bring it home. Is there any way that I can be excused from Court until the pandemic is over I'm not sure if he'll let me come back if I go

Stan Glisson
Stan Glisson answered on Aug 13, 2020

You should definitely call the court (and your lawyer) and find out what options exist. Most courts are offering video conference as an option. Even if they aren't doing that, there may well be exceptions in place for someone in higher risk environments like yours.

1 Answer | Asked in Personal Injury and Wrongful Death for Washington on
Q: This involves a wrongful death involving a pedestrian and a commercial vehicle whose driver has a suspended license

First, thank you and please excuse me for the length, but I will try to keep it as brief as possible.

My son was killed as a pedestrian by a semi-truck whose driver was driving on a suspended license.This was in Tacoma, WA. I have an attorney (if that's what you'd call him) who is... Read more »

Stan Glisson
Stan Glisson answered on Aug 10, 2020

If you already have a lawyer, no on one here can ethically offer much advice, and certainly wouldn't do anything to interrupt the attorney / client relationship. That doesn't mean you can't call another lawyer and ask for a second opinion of course, that is very common.

If...
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2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for Washington on
Q: Is a commercial driver who kills a pedestrian while driving on a suspended license usually issued a citation?

My son was struck and killed by a commercial truck whose driver's license was suspended in "the 3rd degree". My son was a pedestrian, and granted he was no in a crosswalk. But shouldn't the driver of the truck at least have been issued a citation for driving on a suspended... Read more »

Stan Glisson
Stan Glisson answered on Jul 31, 2020

First off, I am terribly sorry to hear that. You rightly have questions that need more response than this format can provide, so I'd be happy to talk to you about them.

Some basics: The potential Driving While Suspended charge would never be filed up front. The state needs to review...
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1 Answer | Asked in Car Accidents for Washington on
Q: Can I take someone to small claims court for driving and damaging my car?

They drove my car while under the influence 2 months ago but no evidence of under influence but I didn’t know they were, and now my car is damaged, the front bumper piece is coming off it’s 1800$ in damage

Stan Glisson
Stan Glisson answered on Jul 30, 2020

Sure you can, if you can demonstrate that he or she is responsible for the damage. If you are interested in small claims court, here is a link to the Kitsap District Court's information page about small claims:

https://www.kitsapgov.com/dc/Pages/SMALL-CLAIMS-FORMS-AND-INFORMATION.aspx

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Health Care Law for Washington on
Q: so if Inslee continues to call this and emergency does this mean he can keep doing this forever?

also does he have the right to jail and fine people for not complying with his wishes? and if so why are so many officers of the law refusing to enforce his mandates? thank you for responding

Stan Glisson
Stan Glisson answered on Jun 26, 2020

Violation of the Governor's order is a gross misdemeanor, so a person can be arrested for it. Does "he" have the right to jail people? No, that is not the function of his office. But local law enforcement anywhere in the state can enforce the statute.

Since it only went in...
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1 Answer | Asked in Criminal Law for Washington on
Q: Please tell me how long a Governor of a state (WA) can use his emergency powers to mandate rules without any oversight
Stan Glisson
Stan Glisson answered on Jun 26, 2020

Well, it depends somewhat on which emergency powers you mean. But for what Governor Inslee has done in Washington, the answer is "the governor may impose them for such times, upon such conditions, with such exceptions and in such areas of this state he or she from time to time deems... Read more »

1 Answer | Asked in Traffic Tickets for Washington on
Q: Will the court dismiss my ticket from a police officer’s mistake when writing it, or should I hire an attorney?

I ran a red light pretty badly and was pulled over by a police officer on a motorcycle. He gave me a citation because he said I am a very young driver and marked the citation “No” in the 16+ Box, but I am 22 years old.

Stan Glisson
Stan Glisson answered on Jun 11, 2020

Sorry, minor errors like that won't result in dismissal. Judges give police wide latitude in spelling errors, wrong checked box, etc.

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