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Questions Answered by Jason Powers
1 Answer | Asked in Criminal Law for Washington on
Q: If I was charged with a class c felony as a minor can I purchase a firearm at 18? Or 21?
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answered on Nov 6, 2022

When you say charged, do you mean convicted? If you were convicted, then your right to possess a firearm is likely revoked. You would need to get your right bear arms reinstated. The good news is that you may get that right reinstated if you have been crime free for 5 years. You would need to... View More

1 Answer | Asked in Criminal Law for Washington on
Q: Will I be charged with a misdemeanor

Purchase a car in November 27th 2022 and have yet to register in my name since it is over the time limit of 45 days and Washington State to register a vehicle will i be charged with a misdemeanor?

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answered on Jul 6, 2023

If you are stopped by law enforcement, they could cite you with a violation of RCW 46.12.650. This is a simple misdemeanor.

2 Answers | Asked in Criminal Law and Family Law for Washington on
Q: I have a detective and adult services checking on my mom because she took out 50,000 out of her bank America account

My m moved in about 6 months ago and got a settlement and I went to the bank with her about 2 months ago and she withdrawn 50 thousand and now I have a detective and adult services at my door what should I do I haven’t done anything wrong my moms old doctor ordered her to get tests done for some... View More

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answered on Apr 14, 2022

You need to call a lawyer. APS thinks you had her get the money for your benefit. They might try and remove her from your care and send charges to a prosecutor. I suggest you call a local criminal law attorney and meet with them. This need to be done before you and or mom meet with them. Also,... View More

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1 Answer | Asked in Domestic Violence for Washington on
Q: 15 years ago I was a first time offender charge with simple battery 16-5-23. I was given a program to take and I did not

Serve no time. My disposition states no further action anticipated restrict. Can I obtain a conceal license?

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answered on Oct 29, 2020

It looks as though the offense was out of Georgia? I advise you to speak to an attorney who is licensed to practice in the state of your offense. The answer would depend on what type of battery (assault) If you were convicted in Washington. If the charge included Domestic Violence or was a... View More

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... View More

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answered on Apr 21, 2020

Your instinct to obtain representation is right. Contact an attorney and try to meet with them. Most lawyers offer telephone or video conferences due to the Sheltering guidelines. Then discuss the benefits and dangers of speaking to the investigator. Finally, do not speak about this to anyone... View More

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2 Answers | Asked in DUI / DWI for Washington on
Q: i was stopped for dui but blew a 0- i dont drink but i do take medications which caution about driving/operating equipme

when blood is taken to determine dui results it takes 8 weeks for the results to come back from the lab. why so long and exactly what all is it tested for?

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answered on Nov 29, 2018

There is a backlog of blood tests at the Washington State Patrol. It seems to take at least four months for the blood to be tested. When it is tested, the lab will check for substances that could affect driving and/or illegal.

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2 Answers | Asked in DUI / DWI for Washington on
Q: Do you have to go to rehab after a first-time DUI?
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answered on Jun 29, 2018

If you are convicted of a DUI, or a DUI related offense in Washington state, the court will order you to obtain an assessment to determine if you need any sort of alcohol treatment. The amount of treatment, or rehab, will be based upon that assessment. Some people are ordered to do a one day class... View More

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2 Answers | Asked in Criminal Law for Washington on
Q: Felony harrassment Washington state

Our neighbor shot our dog 12/30/2016. We haven't seen or talked to him since. We received a felony harrassment charge in the mail today. The day he shot our dog my husband did threaten him, but that was over a year ago. How can he file this now?

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answered on Apr 16, 2018

Yes. The charge was actually filed by the State, not the neighbor. At some point your neighbor reported the threat to the police. For whatever reason the prosecutor took a long time to file it. The Statute of Limitations for Felony Harassment is three years. So, even though it was filed over a... View More

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1 Answer | Asked in Criminal Law for Washington on
Q: Washington its been 7 months since daughter 14 got in fight at school. Now got charges from state . is that legal
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answered on Mar 8, 2018

Yes. The state has a time period, called a Statute of Limitations, that defines how long the prosecutor can wait to file a charge. For Assault 4 charges (the basic form of Assault in Washington) it is two years. This applies to everyone, including juveniles.

1 Answer | Asked in Domestic Violence for Washington on
Q: So my bf got arrested for domestic violence but i never pressed charge its the State but will that lead him to jail?
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answered on Feb 8, 2018

The State will be prosecuting him. Once a person calls 911, or maybe someone else did, and the police get involved you do not have the power to press charges. The prosecutor may take your thoughts into consideration on how the case is resolved. If your request is counter to what they think should... View More

1 Answer | Asked in Domestic Violence for Washington on
Q: Hello - My Father was convicted of a domestic violence charge over 20 years ago. Can this be expunged?

His ex-wife who had him arrested is even willing to appear in court with him because she knows that what actually happened back then in no way justified a DV charge and subsequent conviction....Please advise....Thank you

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answered on Nov 25, 2017

He may be able to have the charge vacated. More facts are needed such as what type of DV charge? Was it a felony or misdemeanor? Were the terms of probation completed? If the DV charge was a misdemeanor, the answer is probably. If it was a felony it may be vacated depending on the charge. I... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: How can I (victim) terminate a no contact order if it's set for 47 years? We have 3 kids & his first conviction.

My husband and I have been married for 5 years 3 children under 8. First we had a verbal disagreement he was ordered to stay away for 8 years. Now a few months later he was caught in violation of the plan. Also there was contact with me but NO hitting punching slapping. He was ordered to stay... View More

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answered on Nov 19, 2017

As the protected party you will need to go before the court that issued the NCO. Some of the procedure depends on if the order was issued via a criminal case, an anti-harassment case or a family law matter. If the NCO a final order or pending the outcome of a criminal trial or divorce decree?... View More

1 Answer | Asked in DUI / DWI and Criminal Law for Washington on
Q: Can a county judge in district court deny use of medical marijuana ?
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answered on Nov 3, 2017

Yes. Some courts deny a person on either pretrial supervision or probation to abstain, even if medical. Since the law was changed to legalize marijuana that has been on the decrease. If it happens a person may need to get proof from their doctor and provide it to the court.

1 Answer | Asked in Domestic Violence for Washington on
Q: What happens if the person who filed a restraining order violates it? And what happens if the person filed on responds?
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answered on Nov 3, 2017

A restraining order forbids the restrained party from violating its' conditions. The party who sought the order is not under any restraints. That means if the person who filed the order contacts the restrained person nothing will happen to them. The restrained party till cannot contact that... View More

1 Answer | Asked in DUI / DWI for Washington on
Q: Am I required by law to submit to a breathalyzer test if I'm pulled over for suspected drunk driving or can I refuse

without consequences?

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answered on Oct 10, 2017

You can refuse to take the Preliminary Breath Test (which is done on the scene) and the BAC test back at the station. There are consequences to refusing both. If you refuse the first test, the prosecutor will try and argue the refusal was due to wanting to hide a positive alcohol reading. The... View More

2 Answers | Asked in Car Accidents and DUI / DWI for Washington on
Q: Mother arrested for 2nd offence DUI, she ran a red light and was struck by a vehicle, she denied her breathalyzer.

How much would it cost to get her out and would we need the money up front? What would the process be like?

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answered on Sep 21, 2017

The cost to get her out (I assume you mean out of jail) is the bail amount. Check the website of the jail she is being held in and you should find the bail as it is set. If you do not have the full amount you can post 10% if you go through a bond company. Most bond companies are very efficient... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: I was accused of pushing my disabled my disabled spouse what happens next

Someone accused me of pushing my wife. Both my wife and i are disabled. Aps came into our home and interviewed both she and I. later on, the same day, the cops were called, and did a wellness check. They said, " no sign of abuse." What happens next?

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answered on Sep 6, 2017

The next step is for a prosecutor to review the case for a charging decision. That can be quick or a lengthy period of time. If the decision is made to prosecute you will receive notice in the mail. This notice will tell you in which court to appear and what charges you face. If the prosecutor... View More

1 Answer | Asked in Divorce and Domestic Violence for Washington on
Q: My husband and I are getting a divore after 3 years of marriage because he is seeing someone else. I left the house

Because he goes to see her and stays gone all not and i did not want to see him do that in front of me. Do I have a right to go back to live at the house

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answered on Sep 6, 2017

Are there any orders from the court preventing you from being in the home? If not, the likely answer is that you can go back to the house. If the house has been the family home for the three years of marriage and there is not a court order preventing you from going back you have as much right as... View More

1 Answer | Asked in Family Law and Domestic Violence for Washington on
Q: Would a lawyer be able to drop my case?

Few years back my girlfriend and I were drinking at a bar, and we started arguing, there was many cops there (they have video evidence) and i got arrested for 4th degree domestic assault. We got issued a no contact order, which the judge dropped on my court date. I was told I need to go to a... View More

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answered on Sep 5, 2017

If the court already ordered that the classes need to be completed than I doubt a lawyer will be able to convince the court to drop it. The court may become frustrated that the order was not followed and order the case closed provided you get penalized. It would be a good idea to speak to an... View More

2 Answers | Asked in DUI / DWI for Washington on
Q: Can I refuse a breathalyzer test if I'm pulled over on suspicion of DUI?
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answered on Sep 1, 2017

Yes, you can but you may be punished more for it. In Washington, if you refuse your breath test the state will try and inflict harsher penalties on you than if you blew. For instance: if this is your first offense, the penalties double the jail time from at least one day to two if refuse. Also,... View More

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