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Washington Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Washington on
Q: Do I, the accused, have a right to have a copy of the discovery?

I want to see my discovery. The full discovery of evidence. My attorney says he will get in trouble if he gives it to me

Stan Glisson
Stan Glisson answered on May 4, 2021

That's a good question, this is an odd and frustrating area of the law. There actually are a number of laws and rules that prohibit your lawyer from just handing over (or copying) the discovery to you, without approval from the prosecutor's office that provided it. The discovery is, in a... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: Okay I was convicted of felony drug possession a couple years back in washington and am still on community Custody

I wasnt even in possession of any drugs is it possible to have the conviction over turned and be taken off community custody

Stan Glisson
Stan Glisson answered on Apr 24, 2021

If it was simple possession, then you should be eligible to have that conviction vacated immediately. The state supreme court recently struck down our possession law as unconstitutional and courts are vacating possession convictions. You should contact the attorney who represented you, or the... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: With Washington state changing the law surrounding felony drug possession, is it possible to have a conviction reduced?

Now that drug possession is no longer considered a felony offense, am I able to petition for a reduction or even to vacate the conviction as long as it meets the new criteria? If it helps to understand where I am coming from, drugs were found in my house, not on my person, in the amount of <0.1 g.

Stan Glisson
Stan Glisson answered on Apr 6, 2021

If it was simple possession (felony or misdemeanor), then yes - it should eligible to be vacated. You should call the lawyer who represented you at the time, or maybe the public defense office for that court.

Here is a very short blog post I wrote on the topic if you want a little more...
Read more »

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 for Washington on
Q: Went to a pawn shop and bought 2 coins. Got home and realized that she only charged me for one. Ticket in mail

What do I do. Can I go back and pay them the $35

Stan Glisson
Stan Glisson answered on Mar 23, 2021

When you say "ticket in mail", do you mean you were criminally charged? If so, I would not recommend you contact the store directly, you should have a lawyer do that for you. It's a simple enough misunderstanding, but could grow in to something worse if not handled cautiously.

1 Answer | Asked in Criminal Law for Washington on
Q: Deferred prosecution in 2006. Charge was dissmissed & was to be expunged. Why did it show up on a background check?

Many years ago, I had a criminal charge that was handled on a Deferred Prosecution. I was fully complient with all terms and the charge was dismissed one year later. I thought it was to be expunged.

I'm wondering why this charge showed up and what I can do to get it expunged. Thanks in... Read more »

Jennifer Melissa Azure
Jennifer Melissa Azure answered on Feb 24, 2021

Unfortunately, when cases are dismissed after a deferred period, it is still considered to be a "conviction" because there was a finding of guilt. Although the case has been dismissed it may still show up on background checks as a dismissed charge. How your case would be handled is... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: Can a warrant be issued by the court for not submitting DNA after being released?

All my cases have been closed dispite not giving DNA, ive called the local bails bonds and they said that all my cases show that they are closed and that there wasnt any court dates or warrant issuance.

Stan Glisson
Stan Glisson answered on Feb 16, 2021

Absolutely. The normal process is to set a court date first, then issue a warrant at that hearing. But if providing a DNA sample was a court requirement, and it wasn't done, then the court can definitely issue a warrant.

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: How do I file a assault charge

I was assaulted and the police came to the scene and made a report. I told them I wanted to file. But the Cop just gave me his card with a incident # on it. I've called but can't seem to get a return call.

Stan Glisson
Stan Glisson answered on Feb 8, 2021

I would keep calling the officer, he is the one who can tell you the status of the investigation.

I would also call the prosecutor's office that the report is to be sent to. They can tell you if their office has received the report yet, and if they have made a decision about whether...
Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Washington on
Q: Trying to have my over 15 year old records sealed and esponge so I can own a fire arm again to protect my family and my

How much is it going to cost and how do I file federal statutes of limitations is way ben up

Jennifer Melissa Azure
Jennifer Melissa Azure answered on Feb 6, 2021

Restoration of your firearm rights, vacating, sealing or expunging your record can all be done in Washington State, but definitely depends upon your history. You can complete the firearm restoration in either the county where the offense was committed, or the jurisdiction you are currently living.... 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...
Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: can I ask for a mistrial if the plaintiff withheld information ( did not disclose)?

this is a criminal case and the prosecutor had information they did not disclose in discovery.

Stan Glisson
Stan Glisson answered on Dec 4, 2020

Well it wouldn't be a 'mistrial', but yes - there is a court rule that allows a judgement to be reversed and a new trial set where there is newly discovered evidence. The time limit on that is generally one year from when the final judgement was entered. You should probably talk to a... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: How long does a Western State competency take and what is involved?
Stan Glisson
Stan Glisson answered on Nov 19, 2020

When a defendant's mental competency to stand trial is questioned, they are referred to Western State Hospital for evaluation. The doctor there gives the court a written report with an opinion on whether the person is or isn't competent to go forward.

There are different time...
Read more »

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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1 Answer | Asked in Criminal Law for Washington on
Q: Can an Order for Protection remain in effect for 11 years in washington state?
Stan Glisson
Stan Glisson answered on Oct 27, 2020

Sure. The RCW creates multiple different types of protection order. Some have statutory limits but there are certainly circumstances where a judge can issue a lifetime protection order. Depends on what kind of circumstances gave rise to the order.

1 Answer | Asked in Criminal Law, Domestic Violence and Civil Rights for Washington on
Q: I was arrested and made aware of an restraining order by officer. He showed me on computer. I ever got paper copy¿

This has now caused me to miss court date as I never received any info on court date or what allegations I was. Looking at. I call the court and was told officer had done the service but never received any paperwork

Cristine Beckwith
Cristine Beckwith answered on Oct 9, 2020

Sorry to hear. An attorney can file a motion to reconsider for lack of service. You should contact an attorney ASAP.

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 »

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