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Washington Criminal Law Questions & Answers
0 Answers | Asked in Appeals / Appellate Law, Civil Rights and Criminal Law for Washington on
Q: When is the best time to appeal a criminal conviction with evidence tampering in WA?

I was convicted in Washington State on March 4, 2025, but my case involved fake evidence and evidence tampering. The judge did not consider my motion to dismiss, and there were racial issues involved. Additionally, my motion to change venue was denied. I have not had any legal representation yet... View More

1 Answer | Asked in Criminal Law, International Law, Libel & Slander and Personal Injury for Washington on
Q: Am I legally responsible if harm comes to a friend due to a photo I sent online?

I had an online conversation with someone who expressed interest in joining a militia in the Middle East. During our conversation, he asked me for a photo, and in a panic, I sent him a picture of a high school friend that I found on Facebook. I have not contacted any authorities, and I do not... View More

James L. Arrasmith
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answered on Apr 1, 2025

Your situation raises several concerning legal issues that intersect privacy law, international jurisdiction, and potential criminal liability. Sharing someone else's photo without their consent could potentially violate various privacy laws, including California's right of publicity... View More

0 Answers | Asked in Criminal Law and Traffic Tickets for Washington on
Q: Can a public defender reduce or drop DWLS 3rd degree charge after license reinstatement?

I have an arraignment for a DWLS 3rd degree in a few days, but I've since paid the unpaid ticket that led to my suspension, and my license was reinstated on March 27th, 2025. The original ticket was issued on July 6th, 2024, three hours before my flight for a two-week vacation. I didn't... View More

1 Answer | Asked in Car Accidents, Criminal Law, DUI / DWI and Personal Injury for Washington on
Q: Find out if prosecution decisions are pending in a Vehicle Assault DUI case from 2003 in WA.

My friend was involved in a head-on car accident in August 2003 and was charged with a DUI, which later changed to Vehicle Assault DUI at the hospital. The case went under investigation, and we were waiting for blood sample results from the state, which took over a year. Despite the case supposedly... View More

Stan Glisson
Stan Glisson
answered on Mar 24, 2025

2003? Or 2023?

I would have a lawyer handle it if I were the friend. You want them to be able to investigate and find out where the case is, but not in any kind of way that might make his situation worse. It's certainly possible that sample is still at the lab for testing, or that the...
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0 Answers | Asked in Criminal Law and Personal Injury for Washington on
Q: Can I call the police if my aunt took my belongings worth $225 in Seattle, WA?

I am a 19-year-old and live in Seattle, WA. Earlier today, my aunt took an iPad worth $200 and a PS4 controller worth $25 from my home because I didn't clean up. I have receipts to prove ownership. Can I call the police to report this situation?

1 Answer | Asked in Civil Rights, Criminal Law and Health Care Law for Washington on
Q: Police response to TBI and suicidal ideation in WA: What are our rights?

I have a traumatic brain injury and have been receiving medical advice from Harborview Medical Center, which instructed my spouse to call 911 if I experienced suicidal ideation. When this occurred, my spouse called 911, explaining that I had a knife and feared I wanted to harm myself. He requested... View More

James L. Arrasmith
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answered on Mar 24, 2025

I understand how traumatic this experience must have been for you and your spouse. When police respond to mental health emergencies in Washington, they should recognize it as a health crisis rather than a criminal matter, especially when informed about your TBI.

You have the right to file a...
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0 Answers | Asked in Child Support, Criminal Law and Employment Law for Washington on
Q: Will my past relationship with my boss who got me pregnant lead to legal issues during child support in WA?

When I was 16 or 17, I became pregnant by my boss who was closer to 25. Our relationship was consensual, and he knew my age, but I didn't know his age at the time, and he had a girlfriend/wife. I am seeking child support now that my daughter is 16 years old, with paternity confirmed through... View More

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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1 Answer | Asked in Civil Litigation, Civil Rights and Criminal Law for Washington on
Q: Can I sue a minor for malicious prosecution in WA?

Can I sue a 13-year-old female for malicious prosecution? I was arrested with no probable cause and spent 8 months in county jail on serious charges like rape and assault, despite medical records showing no physical harm to the alleged victim, contradicting the detective's claims. Due to the... View More

James L. Arrasmith
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answered on Apr 1, 2025

In Washington State, you face significant legal hurdles in pursuing a malicious prosecution claim against a minor. The acceptance of a plea deal, even if motivated by anxiety and practical considerations, typically prevents establishing one of the essential elements of malicious prosecution—that... View More

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

2 Answers | 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

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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
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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.

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
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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
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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

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