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Washington Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law, Traffic Tickets and Juvenile Law for Washington on
Q: Will my 17-year-old face jail for reckless driving in WA?

My 17-year-old son was issued a criminal citation for reckless driving as he was caught driving 120 mph in a 70 mph zone. He has no prior citations or offenses, there are no additional charges, and he has a court date scheduled. Will he face jail time?

Antone Alfred Weber
Antone Alfred Weber
answered on Mar 17, 2025

Reckless driving is a gross misdemeanor. Maxim penalties are up to 364 days in jail, and a $5000 fine. If found committed, he will also have a 30-day license suspension and a mandatory 3-years of SR-2 (high-risk) insurance to have a license.

The reality is, as my colleague says, jail time...
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0 Answers | Asked in Criminal Law and Personal Injury for Washington on
Q: Can I defend myself legally if someone threatens me with physical harm?

I had an incident at my home where an aggressor threatened me with physical harm, saying he would "knock me out" and that he would beat me up if he sees me elsewhere. My brother witnessed the whole event. There has been no prior conflict between us, and I did not retaliate even though I... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Civil Rights for Washington on
Q: Can a conviction be appealed in Washington for an accidental shooting incident involving intoxication?

My girlfriend accidentally shot me in the hand while we were intoxicated. She was interrogated at our house while I was taken to the hospital, and due to her intoxication, her statements were inconsistent. Law enforcement pressed different narratives, leading to a charge of assault 2. Despite... View More

Patrick Owen Earl
Patrick Owen Earl
answered on Mar 11, 2025

The real answer here is no, by accepting the deal and pleading guilty you gave up your rights to confront your accusers and question them. All your appeal rights so that is just the way it is. You should have fought the case and gone to trial and then if you lost your appeal rights would still be... View More

0 Answers | Asked in Criminal Law, Personal Injury and Domestic Violence for Washington on
Q: Legal advice on pursuing charges or civil claim against stepfather for inappropriate texts and sexual assault.

I received inappropriate text messages with sexual content from my stepfather via a messenger app. This happened nearly two years ago, and he has also sexually assaulted me. Although I have limited communication with him, I am afraid to block him. I am seeking legal advice on whether the law can... View More

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Criminal Law for Washington on
Q: Can I be charged with criminal trespassing after living on a property for 20 years?

I have been living on a property for about 20 years with the owner's knowledge and have never signed any paperwork or paid rent. Recently, the owner called the police on me for trespassing, cut off utilities, and now wants to pursue criminal trespassing charges against me. Additionally, I used... View More

Patrick Owen Earl
Patrick Owen Earl
answered on Mar 9, 2025

This issue is rooted in Landlord/tenant law so you need to consult with an attorney that handle that type of cases because you may have an argument there. Obviously you don't have a deed or ownership because of purchase, but through being there with the knowledge of the owner you may have... View More

0 Answers | Asked in Criminal Law and Tax Law for Washington on
Q: Can my ex be liable for forgery for signing tax returns without my consent in Washington?

I recently discovered that my soon-to-be ex-spouse submitted our joint tax return online without my knowledge or consent, claiming it was a mistake. Last year, I signed the documents digitally with my consent, and I intended to do the same this year. Despite knowing my personal information, I... View More

1 Answer | Asked in Personal Injury and Criminal Law for Washington on
Q: What are my self-defense rights during a road rage incident in a parking lot?

I was parked in a designated spot when a man exited his vehicle and aggressively hit my car, demanding that I move. Although no one was harmed, a heated argument ensued. Do I have the right to defend myself in such a situation?

Cristine Beckwith
PREMIUM
Cristine Beckwith
answered on Mar 8, 2025

Hello, while you can use reasonable and necessary force to protect yourself and your property, you would want to exercise as much restraint as possible. If you were to strike this man, law enforcement could determine that (in their opinion) you were the aggressor and charges could result.

0 Answers | Asked in Criminal Law and Juvenile Law for Washington on
Q: Options for minor's assault charge after school fight in Washington.

My 17-year-old niece is being charged with assault in the fourth degree as an adult, based on an incident that occurred in October 2024 at her school. She was responding to verbal harassment and threats from a 14-year-old student and 'fought back'. The charges were filed after a delay of... View More

0 Answers | Asked in Criminal Law, Gov & Administrative Law and Appeals / Appellate Law for Washington on
Q: DOC issues warrants post-release under Blake law. How to resolve?

I was released from jail and the Department of Corrections (DOC) under the Washington v. Blake law, which initially determined that my DOC obligations were terminated. However, the DOC later issued a warrant for my arrest without my knowledge, and I was arrested. I have since received another... View More

0 Answers | Asked in Criminal Law and Federal Crimes for Washington on
Q: Can I be charged with conspiracy if high and unaware?

While under the influence of fentanyl, a friend invited me into his car for a drive. I was unaware that he intended to pick up more fentanyl. During the drive, I stayed in the backseat smoking fentanyl and learned about the substance only after it was picked up. Upon returning home, we were... View More

Q: How to file Habeas Corpus when not in jail?

I am in Washington State, dealing with what I believe to be a corrupt court handling my criminal case. My situation involves an ineffective public defender who refuses to file CrR 8.3(b), forcing me to represent myself at one point. I've been denied access to CPS records necessary for my... View More

1 Answer | Asked in Child Custody, Civil Litigation and Criminal Law for Washington on
Q: Can I regain custody of my son if his father refuses to return him and has a pending felony charge in Grant County, WA?

My son's father and I have a residential schedule that states our son is to reside with me in Grant County, WA, but we do not have a formal parenting plan. I allowed him some parenting time, and now he refuses to return our son to me. The police and CPS have informed me this is a civil issue.... View More

Merry A Kogut
Merry A Kogut
answered on Feb 18, 2025

I am so sorry that you have been going through this, but at the stage I'd strongly urge you to file a legal action for custody in whatever Family Court (through Superior Court) is closest to you in Washington.

If you are low-income, you may be able to get free legal assistance in this...
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1 Answer | Asked in Criminal Law, Real Estate Law, Civil Litigation and White Collar Crime for Washington on
Q: If a HOA president is spending the HOA's money with no permission and using it for personal expenses, is it illegal?

I have already had an attorney confirm for me that the state laws and the HOA's declaration both require them to get the permission and approval of the board members before they can ever spend any HOA money. They also have to provide information like the reciepts and copies of checks but they... View More

Merry A Kogut
Merry A Kogut
answered on Feb 9, 2025

Thank you for your question and really shocking set of facts. You have described the essence of embezzlement - the theft of money from an employer or business (or non-profit).

I suggest you put together an organized time line of what you know, with any financial records you can include,...
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1 Answer | Asked in Criminal Law for Washington on
Q: I have a court summon for 3rd degree theft. This is my first time and i sincerely regret what i did. What should i do

Pls someone provide some guidance. The value of theft items is lower than even 100 to 150$

Cristine Beckwith
PREMIUM
Cristine Beckwith
answered on Feb 2, 2025

Sorry to hear. You need representation by a criminal defense attorney. If you can not afford one, one can be assigned to you. You should avoid making any statements without an attorney present. Do not expect leniency based on the dollar amount of the items in question. Take care.

1 Answer | Asked in Criminal Law for Washington on
Q: Will I get into trouble for accidentally seeing CSAM?

Was on a private messaging app called Element which I use to talk to people about a multitude of topics. Was invited to a group that didn’t seem off in any way, that was until I saw CSAM content. I immediately left the group and reported it on the app itself. Will I get into trouble for seeing... View More

Cristine Beckwith
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Cristine Beckwith
answered on Jan 31, 2025

Sorry to hear this happened. If you are questioned by law enforcement, it would be a good idea to exercise your right to remain silent and ask to speak to a criminal defense attorney. This will prevent you from making a statement that can later be taken out of context and used against you.

1 Answer | Asked in Criminal Law for Washington on
Q: What's the chance of beating a 2nd degree commercial burg. if they have no evidence against them
Cristine Beckwith
PREMIUM
Cristine Beckwith
answered on Jan 28, 2025

Hello, without seeing the police report, it's difficult to make an assessment. A criminal defense attorney will increase the chance of avoiding a conviction and reduce the possibility that a self-incriminating statement will be made. If there truly is no evidence, the odds are very favorable.... View More

1 Answer | Asked in Criminal Law and Civil Rights for Washington on
Q: Can i sue a county for defamation. If they are providing inaccurate details on my criminal background preventing employ?

I was charged with assault wich i had video and all evidence proving my innocence wich was ignored. My public defender denied me from seeing evidence. I was set to begin trial in 7 days looking at 15 years with no plea on the table. Luckily my wife received an inheritance and we spent $10,000 on... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 28, 2025

Yes, you may have grounds to sue the county if they are providing false information about your criminal background, especially if it is preventing you from getting a job. Defamation claims against government entities can be challenging due to legal protections like sovereign immunity, but there are... View More

2 Answers | Asked in Identity Theft, Copyright, Criminal Law and Personal Injury for Washington on
Q: I have a neighbor who has taken over my identity and he stocks and harasses me everyday not only that he has taken over

Emails phones bank accounts you name it any account it takes it over and you still actively hack my phone every day gone to the cops they’ve done nothing reached out to the tech companies nothing

Merry A Kogut
Merry A Kogut
answered on Jan 25, 2025

I agree with the other attorney who answered your question, but I also want to let you know that you may be able to get free help from Adult Protection Services: https://www.dshs.wa.gov/altsa/adult-protective-services

In addition, if the police won't take a police report from you, you...
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1 Answer | Asked in Criminal Law and Child Support for Washington on
Q: I have an anti-harassment order my husband's bipolar schizophrenic ex-wife and she just made up my income on child suppo

Support documents that are supposed to be amending her payment level to lower it since she hasn't been working due to mental illness. Do I report this to the police? Child support division? Or what?

Merry A Kogut
Merry A Kogut
answered on Jan 25, 2025

I would love to answer your question, but it is not entirely clear.

If you are trying to decrease the amount of child support money your husband has to pay his ex-wife, or change the amount of money she has to pay him, the usual process is to file a motion and hold a hearing in front of a...
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1 Answer | Asked in Contracts and Criminal Law for Washington on
Q: i want to fire my lawyer and get my retainer back.

i gave my lawyer 10000 dollars incase the state did file on me . they have not and most likely not my lawyer keeps avoiding me and his contact i signed Sais

this flat fee is non refundable as unless its unreasonable it gives examples of what would render it unreasonable and thus trigger a... View More

Merry A Kogut
Merry A Kogut
answered on Jan 22, 2025

I'm so very sorry to hear about this situation. I suggest that you get some free help through the Washington State Bar Association here: https://www.wsba.org/for-the-public/concerns-about-a-lawyer

Good luck, and best wishes,

Merry

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