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Questions Answered by Patrick Owen Earl
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 »

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

What county is your case from?

I assume you have fulfilled all the requirements for your reduction to Neg Driving 1st degree right?

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2 Answers | Asked in Criminal Law for Washington on
Q: What to expect when you were caught shoplifting from a store you were trespassed from.

Back in 2017 I was caught trying to leave a Walmart without paying for items in my cart. I signed a no trespassing promise and didn't go back for 3 years. Recently I've fallen on hard times and went into Walmart because they have the best prices in town. But I wasn't able to afford what I had... Read more »

Patrick Owen Earl
Patrick Owen Earl answered on Feb 24, 2020

This is bad. You could be charged with Burglary 2nd degree because you entered or remained in a building with the intent to commit a crime. The Trespass makes you going into Walmart a crime and then you either committed the CT 1 while there and/or theft. Please hire an experienced criminal... Read more »

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1 Answer | Asked in Criminal Law for Washington on
Q: Am I able to withdraw my guilty plea after I have been sentenced? I was misled by my public defender & was made to plea

Misled by public defender. Have all the paperwork of me saying not guilty. Have numerous notices of case where it was “last chance to accept”offer” or would automatically go to trial. I always said not guilty. The public defender did not represent me at all. I tried to fire him with a Judge... Read more »

Patrick Owen Earl
Patrick Owen Earl answered on Feb 21, 2020

I am sorry to say that it is extremely difficult to withdraw a plead of guilty within hours or days of doing it let alone after 5 months. Yes the actions of what you experienced could be helpful IF the parties remember it OR it was noted on the recording. More likely is that the parties won't... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: Does a person arrested for "retail theft with extenuating circumstances" ordinarily get release on his/her recognicance?

The person in question has prior felony convictions and was under the supervision of a Community Corrections officer at the time of the most recent theft.

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

These are very serious cases and you will need an attorney to explain these extenuating circumstances to the prosecutor/state in order to have the best chance to win. Please hire an experienced criminal defense attorney to represent you. Since I have been an attorney handling criminal defense for... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: What possible solutions can be had besides prison in my case theft of auto when I did not intend to deprive owner?

I'm charged with theft of an automobile. I moved from one spot, what looked like a stolen pickup, to another spot. My mindset was to not let thieves keep it when they returned. I acted quickly to solve the situation. I feared the cops wouldn't come quickly or at all if I would have called 911. I... Read more »

Patrick Owen Earl
Patrick Owen Earl answered on Jan 24, 2020

I assume you have an attorney. This is what you need to talk to your attorney about and make sure he/she listens to you. If you don't have one and can't afford to hire a private attorney, apply with the court to appoint you an attorney. If you can hire a private attorney I suggest you do so... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Washington on
Q: Is a k9 sniff probable cause to seize a vehicle, from Wal-Mart parking lot?

While customers are shopping inside Poulsbo Wal-Mart, an office is outside looking in the windows of parked cars. If he feels necessary he brings his K9 out to sniff. If his K9 "hits" he has the vehicle taken to police station, then applies for warrant.

Patrick Owen Earl
Patrick Owen Earl answered on Jan 14, 2020

Officers can look into cars and if they see something in plain sight that is suspicious they have the ability to investigate. So I haven't researched this issue but it is one looks on its surface that it is fine but I would be interested in what the case law says about it. However, you will need... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Washington on
Q: Can I represent myself for an individual hearing w/o my private attorney and have said attorney complete subsequent

hearings agreed to in my attorney client agreement. It’s a non compliance hearing for a dirty UA in treatment for DUI. Or, do I need the attorney to file a Motion to Withdraw and if so, can I have them withdraw for just this single compliance hearing. They want $500 I don’t currently have to... Read more »

Patrick Owen Earl
Patrick Owen Earl answered on Jan 2, 2020

The attorney can't withdraw for one hearing. Once he is on the case he is on the case BUT you can ask that attorney not to appear at a hearing and see if the Judge will accept your explanation of what you are dealing with however, Judges don't like to do this. Attorneys have a way to explain and... Read more »

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?

Patrick Owen Earl
Patrick Owen Earl answered on Dec 19, 2019

When you were sentenced on the DUI charge the Judge told you not to do certain things, mainly no criminal offense, no driving without a valid license or suspended and to have insurance. However, any traffic offense could be viewed as a violation of the DUI case so you need to hire an attorney to... Read more »

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