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Questions Answered by Stan Glisson
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.

1 Answer | Asked in Criminal Law for Washington on
Q: A person commits burglary. No charges filed for over 3 years. statute of limitations has run out. should this person

remain silent? or would it be alright if said person has a conscious and wants to apologize to victim?

Stan Glisson
Stan Glisson answered on Jun 1, 2020

I would definitely confer with a lawyer first. Confirm that your understanding of the SOL is correct before you go and confess to a crime.

It might also be prudent to have an attorney be your intermediary. Maybe you could have your apology delivered without identifying yourself?

3 Answers | Asked in Criminal Law for Washington on
Q: If a case against me is waiting for prosecuting attorney to review it, how long do they have to decide to file charges?
Stan Glisson
Stan Glisson answered on Jun 1, 2020

It depends on the crime. Crimes of different seriousness have different "statutes of limitations". They are listed here:

https://app.leg.wa.gov/RCW/default.aspx?cite=9A.04.080

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1 Answer | Asked in Car Accidents for Washington on
Q: What should I do when someone with no auto insurance hit my car?

My car was parked at my apt parking lot and we just got contacted by our apt office that our car got hit by someone. They gave us contact # of that person. When we contacted, he says he does not have insurance and he just started working. But also, he says he would like to pay for the damage if we... Read more »

Stan Glisson
Stan Glisson answered on Apr 29, 2020

If you have insurance that would cover it, you could make a claim through them.

If not, you have some options. If he doesn't pay, you can report him to the DOL for an uninsured accident, and they have the power to suspend his license if he doesn't compensate you. Also, if he left...
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1 Answer | Asked in Criminal Law for Washington on
Q: How can I afford a lawyer on low income?

I've been having a huge amount of difficulty finding any lawyer willing to accept a payment plan that isn't paid out thousands of dollars at a time. I've been looking into loan programs, but I have a sub 600 score. Are there any financial assistance programs for defendants in criminal cases?

Stan Glisson
Stan Glisson answered on Apr 22, 2020

There aren't specifically financial assistance programs for criminal defendants, largely because public defenders are available for indigent defendants.

If you don't qualify for that, then maybe it's just a matter of talking to multiple attorneys until you find one that you...
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4 Answers | Asked in Criminal Law for Washington on
Q: How to respond to an investigator's voicemail?

I got a voicemail from an investigator telling me that I was under investigation for inappropriate touching, should I call the investigator back and let them know I'm seeking legal representation? Or should I acquire the legal representation first before contacting the investigator in any way... Read more »

Stan Glisson
Stan Glisson answered on Apr 22, 2020

Talk to an attorney first. That attorney is almost surely going to advise you not to return the call at all. The lawyer can talk to the investigator for you in some cases. But in your statement to an investigator, you may inadvertently say something that gets interpreted as incriminating. If you... Read more »

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1 Answer | Asked in Criminal Law for Washington on
Q: if a 21 year old sent a few nudes to a 13 year old and she got in his car, what would police do to the 21 year old?

i recently went to the police station and reported a 21 year old man sending nudes to me and getting me into his car, he never sexually touched me or even talked to me in his car and let me out after 30 seconds. (i’m 13) i know the nudes are illegal but i was just wondering what they’d do to him.

Stan Glisson
Stan Glisson answered on Apr 8, 2020

If he doesn't have any prior history, it's probably just the misdemeanor of "Communicating with a Minor for Immoral Purposes". Can carry jail, but doesn't necessarily. Does include requirement to register as a sex offender.

If he does have prior criminal history,...
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1 Answer | Asked in Traffic Tickets for Washington on
Q: I was not pulled over!! but i received a no seatbelt ticket in the mail today supposbly it happened a month ago
Stan Glisson
Stan Glisson answered on Apr 6, 2020

There is no legal requirement that you be pulled over, or that the infraction be issued at the time of the incident. Only that the offense occurred in the officer's presence or that he or she has reasonable cause to believe that it was committed.

RCW 7.80.050

Notice of...
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2 Answers | Asked in Criminal Law and Traffic Tickets for Washington on
Q: My racing charge reduced to Negligent Driving 2nd degree, they charged me 553$ but online it says it's 250$.

RCW 46.61.525 - Washington

Stan Glisson
Stan Glisson answered on Apr 3, 2020

$250 is the 'base fine'. A number of statutes add costs and assessments on to the base fine of any infraction (or criminal) fine.

The most significant is RCW 3.62.090, Public safety and education assessment. This adds 70% of the base, or about $175. The second PSEA assessment is...
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2 Answers | Asked in DUI / DWI for Washington on
Q: Was what my lawyer, now a judge, did okay?

I hired a lawyer for a DUI case 3 years ago. I was given a deferment for 3 years to get put down to negligent driving, I paid him 5k to follow my case till the end of my deferment period of 3 years. My final hearing for the end of the deferment is May 15. I tried contacting him as I hadn’t heard... Read more »

Stan Glisson
Stan Glisson answered on Mar 30, 2020

In all likelihood, you don't need a lawyer for that final hearing. You have a right to be represented, but that is a right you can waive. Every court handles these things a little bit differently, but you should not be penalized because your lawyer is no longer in practice. Your situation is... Read more »

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2 Answers | Asked in Traffic Tickets for Washington on
Q: I got a ticket for expired tags in February. And I still need to pay it but everything is shut down now.

My dog literally ate my ticket with all the information on it. I'm not sure what I'm supposed to do especially with everything shutdown because of COVID 19.

Stan Glisson
Stan Glisson answered on Mar 30, 2020

You can call your county district court and they can look it up for you. Courts aren't shut down, but many have limited hours. If you were stopped in a city by a city police officer, you might want to try the municipal court.

Make sure you act quickly, after 15 days the court can...
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1 Answer | Asked in Criminal Law for Washington on
Q: charged with a first offense of theft 3. The dollar amount was aprox 85$. What are the chances my record will stay clean
Stan Glisson
Stan Glisson answered on Feb 25, 2020

Good chance. Most courts have some kind of diversion program for cases like this. If you can, you should talk to a lawyer before you go to court. There may a way to minimize the damage before you ever see a judge.

2 Answers | Asked in Car Accidents for Washington on
Q: How much does a personal injury lawyer cost?
Stan Glisson
Stan Glisson answered on Jan 30, 2020

Most of the time a personal injury lawyer gets paid from the recovery they get for you from the person who injured you. Standard fee is a third of the recovery, but different cases can result in different fees. Usually the recovery comes from the other side's insurance.

In my...
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2 Answers | Asked in Car Accidents for Washington on
Q: Legal advice on a third party at work in company vehicle auto injury settlement.

I was rear ended by a third party while at work in a company vehicle. They’re trying to settle a day after the accident but I had to miss more days of work due to being out on light duty and having to have the doctor sign. I’m not trying to get as much money as possible but at the same time, I... Read more »

Stan Glisson
Stan Glisson answered on Dec 17, 2019

You should absolutely talk to a lawyer before you agree to any settlement. We have seen it over and over, the insurance company is highly motivated to settle your case cheaply before you get any advice. They will also try to commit you to saying you are feeling OK, that your injuries aren't... Read more »

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2 Answers | Asked in DUI / DWI and Traffic Tickets for Washington on
Q: On 3/3/16 I got a dui, did everything for it. Just recently I got a speeding ticket and the court I got my dui in sent

Me a show cause hearing. What does this mean?

Stan Glisson
Stan Glisson answered on Dec 12, 2019

It is probably a type of probation violation hearing. Different courts use different terminology, but I would guess that's what that is. Typical DUI probation is 5 years, and depending on the judge they sometimes consider traffic infractions to be probation violations.

You can call...
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1 Answer | Asked in Criminal Law for Washington on
Q: At one point in the judicial process can the defendant submit an affidavit requesting a Frank's hearing ?

I'm in court wednesday for pretrial conditions of release negotiations..my case involves the use of a CI for 100% of the states case beginning in the probable cause for the issuance of a search warrant.....I'm wondering if a Frank's hearing is requested pretrial with the potential to... Read more »

Stan Glisson
Stan Glisson answered on Dec 10, 2019

Short answer, yes. Any challenge to the sufficiency of the warrant, including a Franks hearing, would have to happen prior to trial. Those are the decisions that determine what evidence the jury is going to be allowed to hear, so they have to happen prior to the trial, normally weeks prior.

1 Answer | Asked in Municipal Law and Traffic Tickets for Washington on
Q: I was pulled over in one county but the municipal court on my ticket is from a different county. Is this possible?
Stan Glisson
Stan Glisson answered on Nov 14, 2019

There are a couple of possibilities, but a lawyer would have to look at the ticket to answer for sure. Could be an error by the citing officer. There are jurisdictions that 'share' a court, when one town doesn't want to maintain its own court. I have never heard of them being in... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: in a DV case simple assault so I need a lawyer? The victim damaged a fingernail while hitting me with a pillow.
Stan Glisson
Stan Glisson answered on Nov 4, 2019

Sounds like you need to talk to a lawyer directly, yes. The domestic violence accusation can have some far reaching consequences, so I would recommend you call a lawyer as soon as you can.

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