Washington Questions & Answers

Q: can an off duty cop from a neighboring county detain me and run my name then search me? Isn't that an illegal search?

1 Answer | Asked in Criminal Law and Constitutional Law for Washington on
Answered on Feb 19, 2018

The easy answer...It depends. A licensed law enforcement officer is authorized to perform their duties even when they’re off duty. These cases are highly factually specific. It depends upon the contact that was made and the situation that surrounded that initial contact. So when that officer ran your name and discovered a warrant, they have an obligation to make sure you were the correct person, determine whether or not it was a valid warrant and if so arrest you.

The fact that the...
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Q: My ex was in a serious car accident with my daughter and she didn't tell me anything about it. What can I do?

1 Answer | Asked in Car Accidents and Personal Injury for Washington on
Answered on Feb 18, 2018

If your daughter was injured you should seek the advice of local attorney. That would mean to retrieve the police report of the incident. The fact that your ex didn't inform you does not make out a case of any kind.
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Q: If a person named in a will legally changes their name are they still eligible to be able to collect?

1 Answer | Asked in Estate Planning and Family Law for Washington on
Answered on Feb 18, 2018

First of all you don't 'inherit' debt. If there is more debt than asset I generally recommend against bothering with probate, and let the creditors scrabble for the scraps.

Secondly, the fact that someone has legally changed their name doesn't impact the bequest in a will. If I name a daughter and she gets married she still is my beneficiary so long as she is CLEARLY identified in the document. "My Son x" works even if the son changes his name. If son x were ADOPTED by someone else,...
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Q: I got a speeding ticket in my wifes car. How do i keep it off her driving record?

1 Answer | Asked in Traffic Tickets for Washington on
Answered on Feb 13, 2018

She will have to contest the ticket. In most jurisdictions, she can sign an affidavit that she was not the driver and the ticket will be dismissed. Check the court's website, she may even be able to do that by mail without making a personal appearance. If you have questions, call the court clerk and they can explain the process.
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Q: Can a person be charged with a crime when the person who originally made the report passed away shortly after filling?

1 Answer | Asked in Criminal Law for Washington on
Answered on Feb 12, 2018

Sure, there may still be probable cause to believe the crime was committed, and therefore to charge it as long as the prosecutor has a good faith belief that they can prove the case.

For trial purposes, even if the witness is not available (for any reason), there may be other ways to get their statement in to evidence for the jury to consider. Certainly the prosecution will have some challenges to proving the case.

You should probably go over the specific facts of your case...
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Q: How long do you have to wait to file for bankruptcy if you filed September 2011. I am now on disability

3 Answers | Asked in Bankruptcy for Washington on
Answered on Feb 11, 2018

2019 for a chapter 7,and you could file for a Chapter 13 already. Talk to counsel in your state please.
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Q: If I have a gross misdemeanor from 2009 for theft in WA state, no prior convictions and none since is there a way

1 Answer | Asked in Criminal Law for Washington on
Answered on Feb 9, 2018

Yes, there is as long as probation was completed successfully, including payment of whatever costs were ordered. The procedure is slightly different depending on what court the case was filed in, but if it was a district or municipal court there is a pretty standard process.

I would call a lawyer who practices in the court where the case was filed and find out if they can help you.
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Q: I downloaded a will template from eForms, Washington Last Will and Testament Template. Can I change some of the words?

1 Answer | Asked in Estate Planning and Probate for Washington on
Answered on Feb 8, 2018

Sure you can change it.

The problem is that it might not do what you WANT it to do. The only way to know for sure is to consult with a LOCAL ESTATE PLANNING ATTORNEY and SHOW him/her the language. That will cost as much as having the lawyer just prepare the document, but it really is the only way to know if the changes you want to make are significant and may or may not cause a problem.

Don't be penny wise and pound foolish about this. The cost of a professionally drafted will...
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Q: In WA, refund security deposit if tenant moves out 5 months into a 1 year lease?

1 Answer | Asked in Landlord - Tenant for Washington on
Answered on Feb 8, 2018

Tenant can approach court for recovery of his deposit provided nothing payable from tenant is due. As you indicated tenant did pay rent timely plus utility bills and moved out seven months prior to expiry of lease, you cannot hold his deposit indefinitely or else you may pay the double plus damages plus Attorney charges if tenant seek assistance of court.
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Q: How do I extend B1 visa for my startup investment and support myself with a foreign employer that has US office?

1 Answer | Asked in Business Formation, Contracts, Employment Law and Immigration Law for Washington on
Answered on Feb 2, 2018

You might want to consider getting an L1A or L1B visa. These are for intracompany transferees.
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Q: After 34 years renting month-to-month, my apartment building has been sold.

1 Answer | Asked in Landlord - Tenant for Washington on
Answered on Feb 2, 2018

Current tenants have priority rights to live as is on the same terms that were earlier agreed with the seller unless there is renovation/improvement and rent goes further increased. Such an option will be tendered by the purchaser/owner.
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Q: Family of 4 immigrated to the US. mom and 2 children came without the dad, who never came to live or paid income taxes.

1 Answer | Asked in Immigration Law for Washington on
Answered on Feb 2, 2018

Most have similar intentions e.g. get free education/schooling for children; health benefits and future settlement of children when they grow up. intentions are not illegal however method used may be illegal.
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Q: How long does the bankruptcy process usually take for chapter 7?

1 Answer | Asked in Bankruptcy for Washington on
Answered on Jan 31, 2018

Typically 90 -110 days from date of filing to discharge.
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Q: Can I use some lyrics from an album in a zine I created of analog collages if I give credit to the artist/album?

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Answered on Jan 31, 2018

Copyright infringement requires that there be a substantially similar reproduction of another's original work of authorship. It is a fact-intensive inquiry and may be, but is not necessarily always, tied to the actual amount of copying from the original work of authorship. It may be a good idea to discuss this with a copyright attorney.
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Q: If I am 14 and my brother is 18 and punches me can I charge him with assault

1 Answer | Asked in Family Law and Criminal Law for Washington on
Answered on Jan 30, 2018

Law enforcement is responsible for investigating and referring for criminal charges. You will need to contact police, or sheriff in your area and make a report, they will sort out if there is enough information to bring charges. You are a witness, not a party to the action.
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Q: When do I need a business license in another state?

1 Answer | Asked in Business Formation and Business Law for Washington on
Answered on Jan 29, 2018

Probably so, but an attorney would need to review the business laws of that particular state to know for sure.
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Q: I'm a manager at a grocery store franchise. Old owners are selling, the new ones want a resume. My responsibility?

1 Answer | Asked in Employment Law for Washington on
Answered on Jan 28, 2018

Well, you have chance to continue provided it suits their requirements.
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Q: Can i sue the va for giving me all male providers when i have documented Military sexual trauma? Im a female veteran.

1 Answer | Asked in Military Law for Washington on
Answered on Jan 26, 2018

You likely do not have grounds for a lawsuit unless you could establish it was done intentional to cause you emotional pain. Your better route is to make a complaint within the VA, to the VA OIG, or through a congressional inquiry/complaint.
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Q: Taxation on transfer of crypto currency across country border

1 Answer | Asked in Tax Law for Washington on
Answered on Jan 26, 2018

When you are a US resident for tax purposes, all of your worldwide income is taxed in the US, regardless of where the proceeds are deposited. This means that, in addition to being taxed on your virtual currency transactions, you would also be subject to tax on the earnings in any Indian bank accounts, PPF accounts, life insurance (even if there aren't any distributions), mutual funds (even if there aren't any distributions), etc., and any other sources of income outside the United States. There...
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Q: Can animal control take away my dog in the city of Seattle if she isn't registered?

1 Answer | Asked in Animal / Dog Law for Washington on
Answered on Jan 25, 2018

Generally property, which your dog is under the law, cannot be seized without a fair hearing. You get an opportunity to exercise your due process rights. Typically there is a fine to pay for a dog being unregistered if it is older than a certain age. You may also want to register the dog immediately to prevent further concern.
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