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Questions Answered by Patrick Owen Earl
1 Answer | Asked in Criminal Law for Washington on
Q: How can I get this 4 degree assault charge dropped?

For 3 months she has harassed me,Things built up Her & 7 yr old chanting 30+ TIMES MAKE HER MOVE,OVER & OVER I was having a hard day with my illness and talk to "other" people & myself,I found her standing at my door recording me and taking pictures,which the phone was shoved... Read more »

Patrick Owen Earl
Patrick Owen Earl answered on Jun 27, 2021

This sounds like a very frustrating situation. The prosecutor is the only person that has the authority to dismiss a criminal offense. You need to hire an experienced criminal defense attorney to represent you and see whether he could persuade the prosecutor to dismiss. This isn’t easy! This is... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: I was arraigned on 3/19 and my trial was set for 6/28. Does that violate my speedy trial rights?

No continuations or missed court dates. I did the math and that’s 101 days.

Patrick Owen Earl
Patrick Owen Earl answered on Jun 10, 2021

I am assuming you are not counting any time that was under the trial suspension due to Covid. Talk to your attorney.

2 Answers | Asked in Criminal Law, Traffic Tickets and Constitutional Law for Washington on
Q: The right to travel does that mean it is legal to drive without a driver's license?
Patrick Owen Earl
Patrick Owen Earl answered on May 19, 2021

Of course it doesn’t. Get a valid license from your state of domicile to drive a vehicle.

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1 Answer | Asked in DUI / DWI for Washington on
Q: I was in a car accident, single vehicle, minor injuries, property damage only. No impairment recorded or found on scene,

No on scene test given, according to collision report. Transported to ER, did basic cbc, ua, and comprehensive blood test. I don't remember if I signed anything at the hospital to give my test results to police, can they still access my hospital blood test results and other health records? In... Read more »

Patrick Owen Earl
Patrick Owen Earl answered on Apr 14, 2021

Is this for a possible DUI charge in the state of CA or WA?

1 Answer | Asked in Criminal Law for Washington on
Q: Before sentencing, but after signing a deal can you ask for a new attorney? After researching I think that he didnt repr
Patrick Owen Earl
Patrick Owen Earl answered on Mar 31, 2021

It is very hard to withdraw a plea of guilty to a case because you were ask specific questions about what you were doing and if you were full aware of the issues, the rights that you were giving up and the understanding of the arrangement of your deal. This was viewed as your decision and no one... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: Can the DA in district court compel a victim of domestic violence class c misdemeanor to testify in a an MTR hearing?

Even if he didnt press charges or participate in the municipal case against defendant/girlfriend? Ok he got a summons to appear at my MTR hearing to testify for the state. This is not the municipal where the charges are. This is an MTR hearing that is scheduled for another reason having nothing to... Read more »

Patrick Owen Earl
Patrick Owen Earl answered on Feb 11, 2021

If you are asking if a DA can subpoena an alleged victim or witness to testify in a case than YES the DA can do this. There are different ways or methods of getting a subpoena to a person so if the person that is being asked to testify has questions about their rights that person should consult... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: I have a question ..if I entered a guilty plea can I withdraw my guilty plea ..before sentencing day ?

Can I hire a lawyer and fire the public defender ?

Patrick Owen Earl
Patrick Owen Earl answered on Jan 8, 2021

Yes you can withdraw a plea of guilty to a case before sentencing but it is VERY VERY HARD to do.

Typically it isn't allowed by the Judge because when you entered your plea of guilty the Judge asked you a bunch of questions about your decision to enter the plea of guilty and whether...
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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

Patrick Owen Earl
Patrick Owen Earl answered on Nov 3, 2020

There is more to this matter than what you are saying so there is no way for an attorney to answer your question without all of the facts and the possibilities. Please talk to your attorney about this question. If you don't have one GET ONE. One with experience with these type of cases to... 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 »

Patrick Owen Earl
Patrick Owen Earl answered on Oct 30, 2020

No this isn't a mistake. You should ask for a continuance from the DOL and hire an experienced criminal defense attorney to help you.

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1 Answer | Asked in Criminal Law for Washington on
Q: Can she write a statement recanting what she told the cops? Or if she gets on the stand and recants her statement will

she be charged with perjury?

Patrick Owen Earl
Patrick Owen Earl answered on Oct 1, 2020

You and she needs to have a personal conversation with an experienced criminal defense attorney. These questions and answers need to NOT be on a public forum. Contact someone today.

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

In a criminal prosecution a wife can testify against the husband, there is not immunity for a criminal offense. The person would have to appear in court and testify in person. Please hire an experienced criminal defense attorney to represent you Sir! This is your best bet to make sure your... Read more »

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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 »

Patrick Owen Earl
Patrick Owen Earl answered on Oct 1, 2020

The ability to DROP the theft charge depends on whether or not they have a good case or not. If you are under conditions on the Reckless Endangerment charge and one of those conditions was no criminal offense then you are probably looking at getting sentenced on that first charge. Sorry to say... Read more »

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1 Answer | Asked in Criminal Law for Washington on
Q: From the state of WA, one of my best friends is getting charged with assault in the first degree on 3 counts and

Unlawful possession of a firearm. I need any type of help to hire a very good lawyer because he has 3 kids and is a great father and from what I know, when his situation accrued he got shot and so did his passenger leaving him paralyzed. He shot back and now he’s in pierce county and doesn’t... Read more »

Patrick Owen Earl
Patrick Owen Earl answered on Sep 26, 2020

What he is charged with and the facts concerning this matter is what is important. The fact that he is a good person and a father is probably not important to the case but a good factor. It comes down to facts and testimony and what the State can prove. He needs to hire an attorney. If you... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Washington on
Q: My boyfriend and I are involved in a DV case and he had a court date this week but missed it

Is there anything he can do to fix this? If not what is in store for him? I still want to be with him and am so afraid that we won’t legally be able to. He hasn’t hired a lawyer because he can’t afford one... I myself have filed to get the no contact order dropped and we have a court date in... Read more »

Patrick Owen Earl
Patrick Owen Earl answered on Sep 5, 2020

This is a big deal. He needs to get a public defender appointed to him or hire an experienced criminal defense attorney now. Explanations and important conversations need to be done so that he is protected.

You also could consult with an attorney to answer questions concerning your...
Read more »

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2 Answers | Asked in Criminal Law and DUI / DWI for Washington on
Q: What will my consequences be when my court date comes around?

I just got pulled over for expired tabs,and the cop smelled my weed in my car,he gave me a few options but in the end he didn't search my car because I gave up my weed. There was about a 4th of weed in the jar. I'm 19 and he did no field sobriety tests,and I live in Washington state

Patrick Owen Earl
Patrick Owen Earl answered on Sep 4, 2020

Sounds like you are in need of an experienced criminal defense attorney my friend. Please do a search for one and have a consultation soon.

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2 Answers | Asked in Criminal Law and Domestic Violence for Washington on
Q: My boyfriend got arrested for dv I’m wondering if it would be extremely beneficial to hire a lawyer or not?

Someone called the police on us and when they arrived @ his apartment I was packing my things to leave and didn’t want to speak to them at all but they kept pressing me for info and had kinda made up their minds up about what happened before they got there. We now have the mandatory protection... Read more »

Patrick Owen Earl
Patrick Owen Earl answered on Aug 4, 2020

It is absolutely crucial that he is represented by an experienced criminal defense attorney and that same attorney can advise you if you want. However, there are issues that you should consider separately and I believe that you should have a consultation with an attorney on your own so that you... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Washington on
Q: What happens if the police knowingly leave out crucial information from a police report?

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Patrick Owen Earl
Patrick Owen Earl answered on Jul 29, 2020

You don't have the ability to ask or compel the police to include or exclude anything from a report, all you can do is collect all the information available from whatever source you can and then if it is relevant to your situation and defense then you hire an attorney to present this evidence... Read more »

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2 Answers | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Washington on
Q: Does an officer have to have a provable reason to pull u over

Case Description: So I had been driving home from getting my daughter and got lit up by a sheriff. I was about 100 yards from my driveway so I made the decision of not stopping right away and continuing to my driveway so my car wouldn’t possibly get towed and my daughter would have to be stuck in... Read more »

Patrick Owen Earl
Patrick Owen Earl answered on Jul 11, 2020

They don't have to prove beyond a reasonable doubt that you committed an infraction or something to pull you over. But there has to be a reason that they can explain and have some testimony towards the reason(s). For example, he could be saying I saw that this vehicle was traveling over the... Read more »

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1 Answer | Asked in Criminal Law for Washington on
Q: Can you be charged for posession because of a pipe being positive for a substance
Patrick Owen Earl
Patrick Owen Earl answered on Jun 29, 2020

Good question. Hire an experienced criminal defense attorney if you are charged with a crime and get the analysis that you seek and the answers that you are asking for.

1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: What form does a judge sign to recall/quash/terminate a bench warrant in Pierce County Superior Court?
Patrick Owen Earl
Patrick Owen Earl answered on Jun 25, 2020

There has to be an agreement from the prosecutor to quash a warrant OR the person needs to present him/her self to the court and ask to quash the warrant. These are the best ways to do it.

If you are thinking about taking a document to the clerk and asking him/her to ask the Judge to sign...
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