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Questions Answered by Stan Glisson
1 Answer | Asked in Criminal Law and Employment Law for Washington on
Q: Can I legally be in law enforcement with a class c felony ( unlawful poss firearm) even though I got my gun rights back?

Conviction was 8 yrs ago. Non violent, victimless. No probation. Got my gun right back and have my concealed. Am I legally barred from law enforcement or is it just an administrative problem at that point? If I get the conviction sealed, expunged and adjudicated would that work?

Stan Glisson
Stan Glisson
answered on Apr 3, 2017

If you are considering a career in law enforcement, I think you definitely want to vacate your record if you can. I don't know if it is 'legally' impossible for you to work in LE, but as a practical matter I can't imagine you getting hired. Your ability to testify in court is... View More

1 Answer | Asked in Criminal Law for Washington on
Q: How much time will I get for Theft in the Second Degree and Trafficking stolen property in the Second degree?

I have never been to jail. Have a clean record. I want to find out what amount of time, if any I'll be looking at. And if I can drop these to misdemeanors

Stan Glisson
Stan Glisson
answered on Apr 3, 2017

If a person is convicted of both crimes, the standard sentence range is from three to eight months in jail.

It is certainly common that plea negotiations result in lesser charges, but to find out if that is a possibility in your individual case you should talk to a lawyer right away. They...
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1 Answer | Asked in Personal Injury for Washington on
Q: If another driver hit my car but I was driving without chains in the snow will that limit their liability?
Stan Glisson
Stan Glisson
answered on Mar 24, 2017

Not necessarily. The other driver's insurance company or attorney can always claim that you were somehow negligent, and that contributed to the cause of the collision. If that's the case, then yes, your damages can be reduced proportionate to your responsibility for the crash.... View More

1 Answer | Asked in DUI / DWI for Washington on
Q: Does the law recognize different levels of intoxication and penalize accordingly?
Stan Glisson
Stan Glisson
answered on Mar 20, 2017

Sort of.

In Washington, there is a mandatory minimum penalty for a DUI, which generally means a breath or blood test over .08. There is a harsher sentence if the breath or blood test comes back higher than .15. After that, the law doesn't make any distinction.

Judges will...
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1 Answer | Asked in Criminal Law for Washington on
Q: How can I get a license for firearm if I am a convicted felon
Stan Glisson
Stan Glisson
answered on Mar 20, 2017

The only way is probably to file a motion to vacate the conviction, and then go through the civil process of restoring civil rights.

Depending on what level of felony it was, and how long ago, you may qualify. Contact a lawyer in your area, they can take a look at your history and tell you...
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1 Answer | Asked in Traffic Tickets for Washington on
Q: Have bench warrant.traffic violation. Recently got pulled over. Alcohol level over limit. Got court. Going back to jail?
Stan Glisson
Stan Glisson
answered on Mar 20, 2017

Depends on the court that your case is in. Certainly that set of facts would cause some concern about bail being set and you going in to custody, yes.

The judge is normally going to look at your total history, including history of not appearing for court dates. They will also consider the...
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1 Answer | Asked in DUI / DWI for Washington on
Q: if i was giving a 2 year lic suspension from the court for a dui conviction can the dol give me a 900 day suspension?
Stan Glisson
Stan Glisson
answered on Mar 16, 2017

The revocation that comes from the conviction and the revocation that comes administratively from the DOL can be different, absolutely.

Could it have been the other way around, 900 days for the conviction and 2 years from DOL? That would make sense on a second offense with a refusal...
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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Washington on
Q: The DOL is treating me as though have two DUI's. I've never had one. What should I do? They won't listen to the courts.
Stan Glisson
Stan Glisson
answered on Mar 13, 2017

I think most lawyers would need to look at your driver's abstract and any court history you might have to answer your question.

Call someone in your area who does DUI work. If you give them your information, they can help you make sense out of it.

1 Answer | Asked in Criminal Law for Washington on
Q: Can it affect A plea agreement if the official police report includes a citation that doesn't match the original?

I entered into a stipulated continuance on a DUI which gives up my right to challenge the police report or have a jury trial if I do not comply with the terms. I needed the police report for a drug alcohol evaluation and when I reviewed it I noticed that the original citations were gone and they... View More

Stan Glisson
Stan Glisson
answered on Mar 13, 2017

Generally, once you have entered your contract you have waived those types of challenges.

But if you want an answer to your questions, you should take all the documents to a lawyer and have them examined. It's possible that you still have a basis to challenge the case, but hard to...
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1 Answer | Asked in Criminal Law for Washington on
Q: In Washington state how many days do the police have to obtain a search warrant for a vehical after it has been siezed?

Also how many days after obtaining the search warrant for the vehical do they have to actually preform the search?

Stan Glisson
Stan Glisson
answered on Mar 9, 2017

There is no Washington case law that tells exactly how long an officer may hold a vehicle pending issuance of a warrant. However, there is some out of state case law that suggests 48 hours, and Washington cases have suggested that is a good standard. But for now, as long as there is probable cause... View More

1 Answer | Asked in Criminal Law for Washington on
Q: 2 counts of indecent liberties with minor who was 16 to 17 at the time. How long in confinement (WA). Private lawyer

I have heard 31 to 41 months from his lawyer. Just need confirmation. Its my husband facing these charges.

Stan Glisson
Stan Glisson
answered on Mar 7, 2017

Yes.

Indecent Liberties, without 'forcible compulsion': If the person is convicted of two counts, the standard sentence range in the 2016 Sentencing Guidelines is 31 to 41 months.

If you go to http://www.cfc.wa.gov/ , you can download the current sentencing manual for free.

1 Answer | Asked in Traffic Tickets for Washington on
Q: I was cited 4 negligent driving n April of 16 got ticket n mail paid ticket just got a summons n mail 4 reckless driving

Is this legal ticket is dated 6\23\16 just Received it 2\23\17 & court date is 5/6/17 very confused??

Stan Glisson
Stan Glisson
answered on Feb 27, 2017

Yes, the prosecutor can charge you with Reckless Driving even though you already paid an infraction fine for the same event. And the statute of limitations on that crime is two years, so if it happened in June of 2016, it is not too late for them to file the charge. I would definitely talk to a... View More

1 Answer | Asked in Traffic Tickets for Washington on
Q: I'm wanting to know if I have a lawyer that will go to court for a warrant I have in Luis county. For driving without a

Valid drivers license. And I live in Cedar City Utah. If he could defend me without me being there? ?

Stan Glisson
Stan Glisson
answered on Feb 16, 2017

Most judges require that you appear in person to clear a criminal warrant. But with a minor charge, I have seen many judges allow appearance by phone or other methods to save you a trip.

Probably should search on line for a lawyer in Lewis County. Also, it might help you to call the court...
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1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: My fiance was wrongfully arrested on a DV charge. I need to know how to get the stay away order dropped.

The police refused to listen to the details of what was really happening that night. He was in fact PROTECTING me, not hurting me in any way - but based on what they thought was happening, they arrested him for domestic violence. The judge, then, after reading the police report, deemed that I was... View More

Stan Glisson
Stan Glisson
answered on Feb 7, 2017

Different courts work a little differently. You may want to call the court clerk's office (or go there) and ask them what the procedure is. Also, you can talk to you his lawyer (the clerk can tell you who that person is) and they may be able to give you some direction, although they won't... View More

1 Answer | Asked in DUI / DWI for Washington on
Q: Does it make a difference what kind of law enforcement agency charges you with DUI?
Stan Glisson
Stan Glisson
answered on Feb 3, 2017

Legally? Not really. The LE agency sends a report to the appropriate prosecuting attorney office, and they handle the case from there. Doesn't make much difference who handled the investigation, assuming they had authority in that jurisdiction.

LE does send the investigation report to...
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1 Answer | Asked in Criminal Law for Washington on
Q: charged with a count 1 - forgery and a count 2 - theft in the second degree both class C felonies..

first time for any trouble. Not sure what the forgery is about.Says with intent injure defruad, falsely make,alter,written instrument known to be forged. theft- intent to deprive said person of property or services ,exceed $ 750.00 . what can one expect from this.

Stan Glisson
Stan Glisson
answered on Jan 17, 2017

This isn't any advice specific to your situation, but I can tell you that a person convicted of both felonies would be facing a standard sentencing range of zero to 90 days in jail. Obviously conviction carries a variety of other penalties, not the least of which is a felony record. Talk to a... View More

1 Answer | Asked in Traffic Tickets for Washington on
Q: If I get a traffic ticket on a road trip through Washington on my way to California where I actually live, do I have to

be present in traffic court to dispute it? Is there any way to get out of being physically present if it'd present a financial hardship to me?

Stan Glisson
Stan Glisson
answered on Jan 17, 2017

It depends on the court. The ticket should have a phone number for the court (or at least the name, and you can look up the number). I would call the court and ask the clerk what your options are from out of state. Specifically, you may want to ask if they offer contested hearings by mail.... View More

1 Answer | Asked in DUI / DWI for Washington on
Q: Is a DUI a misdemeanor or a felony?
Stan Glisson
Stan Glisson
answered on Jan 12, 2017

Can be both. Gross misdemeanor in Washington, but can be filed as a felony if the person has enough prior DUI history.

1 Answer | Asked in Criminal Law for Washington on
Q: I am wanting to know what is the difference between theft 3rd and residential burglary? Are they similar at all and how
Stan Glisson
Stan Glisson
answered on Jan 6, 2017

They really aren't similar at all. Theft 3 is a misdemeanor, max 1 year in jail, commonly carries no jail at all. Generally defined as taking property or services, valued less than $750, from another without their permission. Includes things like shoplifting or plugging an extension in to your... View More

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