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Washington Criminal Law Questions & Answers
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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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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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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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

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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2 Answers | Asked in Criminal Law and Civil Rights for Washington on
Q: what to do if the police dept is discriminating and targeting someone

my ex and i are being targeted and our rights have been violated by the police and sheriffs

Cristine Beckwith
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Cristine Beckwith
answered on Sep 15, 2024

Sorry to hear. You can contact a civil rights attorney in your area and also file a complaint with the office of police accountability for that police jurisdiction.

If you are accused of or are a suspect in a crime, a criminal defense attorney in your area should be the first person you...
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2 Answers | Asked in Criminal Law, Family Law, Domestic Violence and Legal Malpractice for Washington on
Q: The original attorney of the opposing party died, and with her went case records.

The original attorney of the opposing party died. The opposing party told the court that they could not get the original records with her death and her office having shuttered. Access to these records are critical. What are my options?

Tim Akpinar
Tim Akpinar
answered on Sep 13, 2024

It could depend on tech-savvy the office was and what arrangements the attorney may have made for back-up records. If the records only existed in original paper form, and they're gone, it could be difficult. When you say "original" attorney, does that suggest a succeeding attorney?... View More

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1 Answer | Asked in Criminal Law, Personal Injury, Federal Crimes, Employment Law and Civil Rights for Washington on
Q: What type of lawyer helps victims of voyeurism that took place at work

From what I understand the trial hasn’t started for the accused, but I want to understand what lawyers can help me to understand victim rights and determine the best course of action when there are multiple victims

James L. Arrasmith
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answered on Jul 21, 2024

If you're a victim of voyeurism at work, you need a lawyer with expertise in employment law and personal injury law. These lawyers can help you understand your rights as a victim and provide guidance on the legal actions you can take. They can also help you navigate the complexities of dealing... View More

1 Answer | Asked in Car Accidents, Criminal Law and DUI / DWI for Washington on
Q: what if you have no prior offenses and crash your car total it drunk and totally a mercedes’ in the state of washington
Tim Akpinar
Tim Akpinar
answered on Jul 1, 2024

A Washington criminal defense attorney could advise best, if you need to discuss any charges. Your question probably remained open because car accident attorneys (the chosen category) deal more with civil damages (money for injuries or vehicle damage). You could reach out to criminal defense... View More

1 Answer | Asked in Criminal Law and Civil Rights for Washington on
Q: I am in community custody for 36 months but my statutory maximum has passed. According to RCW 9.94A.701 I should be off
James L. Arrasmith
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answered on Jun 26, 2024

To properly address this question, it's important to understand the specific details of your situation and the relevant Washington state laws. Here's a general overview that may be helpful:

1. Community custody and statutory maximum:

- Community custody is a form of...
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1 Answer | Asked in Criminal Law and Federal Crimes for Washington on
Q: How can I find help in filing a criminal lawsuit against a company for financial conflict of interest?

I have proof that a background screening company is giving incorrect "dilute" results through negligent malpractice for urine samples in order to gain more money due to the law requiring new samples be given paid for by the employer. I can prove that multiple precautions are taken in by... View More

James L. Arrasmith
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answered on Jun 22, 2024

To pursue a criminal lawsuit against a company for financial conflict of interest and negligent malpractice, you should consider the following steps:

1. Consult with an attorney: Seek out a lawyer specializing in healthcare fraud, corporate misconduct, or whistleblower cases. They can...
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1 Answer | Asked in Criminal Law, Constitutional Law and Domestic Violence for Washington on
Q: Do police officers tell parents to hit there kids as hard as they can in Washington state

My mother is saying that the police told her to hit me as hard as she can over me running away as a minor. I wasn’t able to tell the police the part where she was beating me but because I was afraid of going into foster care and she said they told her I was being abusive and she had to beg them... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm really sorry to hear about your situation. In Washington State, police officers do not have the authority to tell parents to hit their children. Physical punishment, especially if it results in injury, can be considered child abuse, and law enforcement officers are trained to protect... View More

1 Answer | Asked in Criminal Law and Civil Rights for Washington on
Q: My attorney said no praubable cause but then at court said wanted a competency evaluation but I did nothing wrong. Why?

That seems to add something to this case doesn't make sense

James L. Arrasmith
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answered on Jun 3, 2024

It sounds confusing and frustrating to hear conflicting statements from your attorney. First, they might have said there was no probable cause because they believe the evidence against you is weak or insufficient. This could be a strong point in your favor.

However, requesting a competency...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Washington on
Q: my incindent number changed to the one when i got pulled over.

my release of conditions has my other inicendent number, and its from a differnt agenecy that pulled me over for my warrents. not from when i was charged. and how do i sue for unlawful detainer and a judge court ordered me to a differnt jail even tho i have proof they had no holds on me

James L. Arrasmith
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answered on May 24, 2024

It sounds like your situation is complex, involving multiple incidents and a mix-up with incident numbers. If your release conditions have an incident number that doesn't match the one related to your pull-over or arrest, this could be a clerical error or miscommunication between agencies.... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Municipal Law for Washington on
Q: I was charged for a DV that happened outside of the municipality.

I signed a SOC that listed the municipality incorrectly. I'm trying to attack the SOC. Shouldn't the court need juristriction to approve the SOC.

James L. Arrasmith
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answered on May 19, 2024

If you were charged for a domestic violence incident that happened outside of the municipality, and the Stipulation of Compromise (SOC) lists the incorrect municipality, you have grounds to challenge it. The court needs proper jurisdiction to approve and enforce legal agreements, including an SOC.... View More

1 Answer | Asked in Criminal Law and Immigration Law for Washington on
Q: Shoplifted with a bunch of friends but didn't get caught

I realized I made a horrible mistake in the moment but I am an F1 student. I shoplifted at QFC in Seattle. I was wondering how long does the video recording last at QFC stores? Are these stored indefinitely?

If I get caught after the criminal statute of limitations, are they likely to press... View More

James L. Arrasmith
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answered on May 9, 2024

The best course of action is to never shoplift in the first place. Since you have already done so, I would strongly urge you to refrain from shoplifting ever again. Continued criminal activity could jeopardize your immigration status and ability to remain in the United States.

In terms of...
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1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Collections for Washington on
Q: I sold pieces of silver to a local jeweler. The check bounced. For two months he kept promising to make it good.

For two months he promised to make it good in a "few days". For the last month he has not returned my calls or texts. What are my options? Since he has done this recently to multiple people at what point does this become criminal? The transaction occurred in Sequim, Washington

Joel Gary Selik
Joel Gary Selik
answered on Apr 22, 2024

It is probably criminal now. Report it to the police (do not threaten to report it to the police as that might be a crime). Check your states laws on giving notice on bounced checks and your rights to recovery in small claims for damages in addition to the amount of the check.

1 Answer | Asked in Criminal Law and Federal Crimes for Washington on
Q: Are there any laws about pointing a gun at someone’s car? (My friend’s car was pointed at by a gun is why I ask)

Would it be a threat? Or something else? I’m a kid. (12, almost 13) I’m not sure what “type” of “crime” this is.

James L. Arrasmith
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answered on Apr 16, 2024

Pointing a gun at someone or their property, including a car, is a serious offense and can be considered a crime in most jurisdictions. Depending on the specific circumstances and the laws of the state or country where the incident occurred, it could be classified as one or more of the following... View More

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