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Washington Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Washington on
Q: what is the sentence for the crime assault in the 4th degree
Cristine Beckwith
Cristine Beckwith answered on Aug 1, 2021

0-364 days in jail. It is a good idea to contact a criminal defense attorney to fight the charge.

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1 Answer | Asked in Criminal Law, Civil Rights and Communications Law for Washington on
Q: Why did I receive a “Notice of Interception Of Oral Communications Inventory” from the prosecuting attorneys office ?

It looked like a court order signed by a judge and was sent to me certified from the prosecuting attorneys office. It listed a 5 day period this last November for when it was approved by the judge for intercepting my oral communications. I am so confused as to why I would receive this out of the... Read more »

Cristine Beckwith
Cristine Beckwith answered on Jul 21, 2021

If you have not done anything wrong, it is possible that you have unknowingly communicated with a person who is being investigated for a very serious crime.

1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: if cops are called for dv is the accused part going to jail
Cristine Beckwith
Cristine Beckwith answered on Jul 18, 2021

The accused person will often go to jail. However, it is not uncommon for the alleged DV victim who called 911 to end up going to jail. When the police investigate, people often unknowingly admit to crimes when telling their side of the story.

2 Answers | Asked in Criminal Law for Washington on
Q: Where do I go to get my possession of controlled substance charges dropped off my record
Stan Glisson
Stan Glisson answered on Jul 15, 2021

Easy answer is to call the lawyer who represented you. If that isn't possible, the public defender's office in the county where the conviction occurred can help you. In many counties, you can just call the prosecutor's office. Most of them have an assigned person or team who is... Read more »

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1 Answer | Asked in Criminal Law for Washington on
Q: How can I get this 4 degree assault charge dropped?

For 3 months she has harassed me,Things built up Her & 7 yr old chanting 30+ TIMES MAKE HER MOVE,OVER & OVER I was having a hard day with my illness and talk to "other" people & myself,I found her standing at my door recording me and taking pictures,which the phone was shoved... Read more »

Patrick Owen Earl
Patrick Owen Earl answered on Jun 27, 2021

This sounds like a very frustrating situation. The prosecutor is the only person that has the authority to dismiss a criminal offense. You need to hire an experienced criminal defense attorney to represent you and see whether he could persuade the prosecutor to dismiss. This isn’t easy! This is... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: I was arraigned on 3/19 and my trial was set for 6/28. Does that violate my speedy trial rights?

No continuations or missed court dates. I did the math and that’s 101 days.

Patrick Owen Earl
Patrick Owen Earl answered on Jun 10, 2021

I am assuming you are not counting any time that was under the trial suspension due to Covid. Talk to your attorney.

1 Answer | Asked in Criminal Law for Washington on
Q: If I've never been in trouble a day in my life and got picked up on FOR DOMESTIC ABUSE BATTERY -STRANGULATION (13A)

Am I looking at jail time and I do need a lawyer

Stan Glisson
Stan Glisson answered on Jun 7, 2021

Normally where strangulation is alleged, the charge in court winds up being Second Degree Assault. The sentence range for that is 3 - 9 months in jail. I would certainly recommend you talk to a lawyer who practices in your area as soon as you can.

1 Answer | Asked in Criminal Law for Washington on
Q: What is an RCW: 26.50.110(5) F
Stan Glisson
Stan Glisson answered on May 24, 2021

Depends where you are seeing it- but it is probably a reference to someone being charged with violation of a protection order.

https://app.leg.wa.gov/RCW/default.aspx?cite=26.50.110

2 Answers | Asked in Criminal Law, Traffic Tickets and Constitutional Law for Washington on
Q: The right to travel does that mean it is legal to drive without a driver's license?
James Laukkonen
James Laukkonen answered on May 19, 2021

Having a right to travel does not mean that you have a right to drive a car. You can travel by walking, by riding a horse, or by many other methods that do not involve cars. Driving a car is a privilege, and all states regulate that privilege.

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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...
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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...
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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...
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