Washington Questions & Answers by Practice Area
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Washington Questions & Answers
Q: Due to drinking I only remember bits and pieces of the assault, can I be charged for not remembering everything?
Jason Powers' answer
You can be charged if someone has personal knowledge of the incident. This can be the person who hit you or some random dude on the street. Your memory will not matter much to law enforcement who are investigating it. Since you don't remember everything it would be a good idea for you not to speak to the cops. Invoke your right silence not don't answer any questions.
You can be charged if someone has personal knowledge of the incident. This can be the person who hit you or some random dude on the street. Your memory will not matter much to law enforcement who are investigating it. Since you don't remember everything it would be a good idea for you not to speak to the cops. Invoke your right silence not don't answer any questions.
Q: What can be done when a judge decides to make an example of a first time offender with no criminal history?
Jason Powers' answer
A judge is able to sentence someone to a "standard range" of time in custody. This range depends on the type of charge and a person's criminal history. Each case is different and it is up to the defense lawyer to show why your case is different, or not, and not be made into an example. If the judge sentences a person outside a standard range then it could be possible to appeal the sentence. The fact this judge gave a sentence to someone else in a different case is not usually persuasive.
A judge is able to sentence someone to a "standard range" of time in custody. This range depends on the type of charge and a person's criminal history. Each case is different and it is up to the defense lawyer to show why your case is different, or not, and not be made into an example. If the judge sentences a person outside a standard range then it could be possible to appeal the sentence. The fact this judge gave a sentence to someone else in a different case is not usually persuasive.
Q: If an officer wants me to take a field sobriety test, can I insist on having my lawyer present?
Jason Powers' answer
You can try and request this but the officer is under no obligation to do it. Most likely, you will be told that is not mandatory and you can either do the tests now or it will be taken as a refusal. That refusal, of course, can later be used against you at trial as proof that you thought you were unable to complete them due to intoxication.
You can try and request this but the officer is under no obligation to do it. Most likely, you will be told that is not mandatory and you can either do the tests now or it will be taken as a refusal. That refusal, of course, can later be used against you at trial as proof that you thought you were unable to complete them due to intoxication.
Q: in the state of Washington can a field sobriety test be refused
Jason Powers' answer
Yes. The Field Sobriety Tests (FSTs) are voluntary. The prosecution can, however, argue that the fact the FST was refused is due to the fact the driver did not want to take them because they would fail. This is called "concsciousness of guilt." Since the FSTs are difficult to complete on a normal day in good conditions let alone after being ordered out of your car and at night as is the case in a normal setting, a typical driver is damned if they do perform or if they choose not to do so.
Yes. The Field Sobriety Tests (FSTs) are voluntary. The prosecution can, however, argue that the fact the FST was refused is due to the fact the driver did not want to take them because they would fail. This is called "concsciousness of guilt." Since the FSTs are difficult to complete on a normal day in good conditions let alone after being ordered out of your car and at night as is the case in a normal setting, a typical driver is damned if they do perform or if they choose not to do so.
Q: Car accident w no insurance. There were no visible damages or injuries.
Michael R. Charbonneau's answer
Your options depend on how the other person tries to charge you a ridiculous amount. If he or she is just calling you insisting that you pay them, you can pretty much ignore them for the time being.
If they attempt to sue you, you will need to do more. It also will depend on what they are suing you for. It is not uncommon for a person to be injured in a vehicle that does not show a lot of damage. It is also difficult to contest the amount of someone's injuries without an attorney...
Your options depend on how the other person tries to charge you a ridiculous amount. If he or she is just calling you insisting that you pay them, you can pretty much ignore them for the time being.
If they attempt to sue you, you will need to do more. It also will depend on what they are suing you for. It is not uncommon for a person to be injured in a vehicle that does not show a lot of damage. It is also difficult to contest the amount of someone's injuries without an attorney...
Q: Im17 I had my license for over a year and just got a speeding tckt. If I were to get another ticket will I be suspended?
Stan Glisson's answer
Yes, a driver with an intermediate license will lose it if he or she gets two moving violations.
I always recommend you get a lawyer and fight the first one, because if you get a second it may be too late.
Even if you still wind up having to pay a fine, a lawyer can very often arrange a way to keep the infraction off of your DOL record, so you aren't exposed to the possibility of losing your license.
Yes, a driver with an intermediate license will lose it if he or she gets two moving violations.
I always recommend you get a lawyer and fight the first one, because if you get a second it may be too late.
Even if you still wind up having to pay a fine, a lawyer can very often arrange a way to keep the infraction off of your DOL record, so you aren't exposed to the possibility of losing your license.
Q: If a 10 year old attacks my 5 year old daughter and knocks 2 teeth out can i press charges against parents?
Vincent J. Bernabei's answer
Yes. You may make a civil claim for your child's injuries. Ordinarily, the maximum amount you may recover against the other child's parents is $5,000 based upon the child's willful and malicious actions. As far as pursuing a criminal charge against the assailant, you can report the incident to law enforcement and charges may be filed in juvenile court, but that is a discretionary decision made by the prosecuting attorney's office, not you.
Yes. You may make a civil claim for your child's injuries. Ordinarily, the maximum amount you may recover against the other child's parents is $5,000 based upon the child's willful and malicious actions. As far as pursuing a criminal charge against the assailant, you can report the incident to law enforcement and charges may be filed in juvenile court, but that is a discretionary decision made by the prosecuting attorney's office, not you.
Q: I went to Wendy's drive thru in Spanaway, WA the other night. As I pulled into the parking lot, in front of the...
Peter Munsing's answer
Contact a member of the State of Washington Assn for Justice--they give free consults.
for your ptsd try EMDR. Google "Psychology Today, therapist ____________[name of town] EMDR" & see how that goes for you!
Contact a member of the State of Washington Assn for Justice--they give free consults.
for your ptsd try EMDR. Google "Psychology Today, therapist ____________[name of town] EMDR" & see how that goes for you!
Q: How old do you have to be to drop out of highschool on your own in Washington state?
Ryan Ford's answer
Like all other states, Washington State has a compulsory attendance law. For Washington, children from 8 - 18 must attend school with few exceptions.
Like all other states, Washington State has a compulsory attendance law. For Washington, children from 8 - 18 must attend school with few exceptions.
Q: Who do I need to consult if my son is being accused of sexual harassment by a school staff (he's a minor)
Ryan Ford's answer
I just signed up with JUSTIA. I see that you posted your question 3 months ago. Are you still having issues with your son's school?
I just signed up with JUSTIA. I see that you posted your question 3 months ago. Are you still having issues with your son's school?
Q: Can you record conversation that you are a party too?
1 Answer
| Asked
in
Communications Law, Civil Rights, Criminal Law and Education Law
for
Washington
on
Answered on Jul 11, 2017
Answered on Jul 11, 2017
Ryan Ford's answer
No. Pursuant to RCW 9.73.030, you may not record your conversation with the office employee without her consent. RCW 9.73.030 does, however, offer a caveat:
"Where consent by all parties is needed pursuant to this chapter, consent shall be considered obtained whenever one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted: PROVIDED,...
No. Pursuant to RCW 9.73.030, you may not record your conversation with the office employee without her consent. RCW 9.73.030 does, however, offer a caveat:
"Where consent by all parties is needed pursuant to this chapter, consent shall be considered obtained whenever one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted: PROVIDED,...
Q: Eat24 or an affiliate marketer made a site "stacias-pizza.com" that makes it look like my client's. Is this legal?
1 Answer
| Asked
in
Copyright, Internet Law, Business Law and Intellectual Property
for
Washington
on
Answered on Jul 7, 2017
Answered on Jul 7, 2017
Will Blackton's answer
Are you saying you're a web designer and you created a website for a pizza place, and someone copied and rebranded that website as Stacia's Gourmet Pizza?
If so, how much of your work was copied? What elements: images, text, html?
Or are you saying that Stacia's Gourmet Pizza is your client and some other company made a website that represents itself to be Stacia's Gourmet Pizza's official website?
Did Stacia's Gourmet Pizza give this other developer permission to...
Are you saying you're a web designer and you created a website for a pizza place, and someone copied and rebranded that website as Stacia's Gourmet Pizza?
If so, how much of your work was copied? What elements: images, text, html?
Or are you saying that Stacia's Gourmet Pizza is your client and some other company made a website that represents itself to be Stacia's Gourmet Pizza's official website?
Did Stacia's Gourmet Pizza give this other developer permission to...
Q: Do I have a case- short version- I tore my meniscus while on the job. Before I thought about possibly claiming L&I,
1 Answer
| Asked
in
Employment Law, Personal Injury, Workers' Compensation and Construction Law
for
Washington
on
Answered on Jul 6, 2017
Answered on Jul 6, 2017
Peter Munsing's answer
Talk to a member of the State of Washington Assn for Justice who handles workers compensation. Problem is your original story.......but members of SWAJ give free consults.
Talk to a member of the State of Washington Assn for Justice who handles workers compensation. Problem is your original story.......but members of SWAJ give free consults.
Q: if someone already trademarked upper left apparel llc does that mean I can't make a company with upper left?
Walker Weitzel's answer
Trademarks are specific to the type of goods being sold. If your company would not produce competing products with the existing mark, then you probably would not infringe their mark, and registration of your trademark may be possible. I would suggest contacting a trademark lawyer for a free initial consultation regarding some more specific facts regarding your case.
Trademarks are specific to the type of goods being sold. If your company would not produce competing products with the existing mark, then you probably would not infringe their mark, and registration of your trademark may be possible. I would suggest contacting a trademark lawyer for a free initial consultation regarding some more specific facts regarding your case.
Q: When calculating a personal injury settlement, are property damages incurred in an accident separated?
1 Answer
| Asked
in
Car Accidents, Insurance Defense and Personal Injury
for
Washington
on
Answered on Jun 29, 2017
Answered on Jun 29, 2017
Peter Munsing's answer
Forget the formula. That's bogus. If you lost an eye would 3 x the medicals be enough? No way. If you had one ER but went in as trauma and the bill was 19,000 and no follow up after, do you think they'd pay 3x19?
If your crash is serious enough to consider uninsured, you should reconsider the d.i.y. bit. Contact a member of the State of Washington Assn for Justice--they give free consults.
Forget the formula. That's bogus. If you lost an eye would 3 x the medicals be enough? No way. If you had one ER but went in as trauma and the bill was 19,000 and no follow up after, do you think they'd pay 3x19?
If your crash is serious enough to consider uninsured, you should reconsider the d.i.y. bit. Contact a member of the State of Washington Assn for Justice--they give free consults.
Q: We were suppose to close June 27th on both sides we did not meet the deadline sellers do not want to release earnest $
Ben F Meek III's answer
Actually, from what you've said, it appears you breached the contract to purchase the home. The Sellers appear to have been ready, willing, and able to close the sale at the appointed time, while you failed to do your part. There was no requirement that the Sellers agree to an extension of the closing date, so if they did not agree, you breached the contract. The Sellers appear to be fully within their rights to keep the earnest money and even sue for damages for your breach of the contract....
Actually, from what you've said, it appears you breached the contract to purchase the home. The Sellers appear to have been ready, willing, and able to close the sale at the appointed time, while you failed to do your part. There was no requirement that the Sellers agree to an extension of the closing date, so if they did not agree, you breached the contract. The Sellers appear to be fully within their rights to keep the earnest money and even sue for damages for your breach of the contract....
Q: Iam not the executor of the estate can i file a lein on house to make sure i will get my proceeds
Dr Kenneth V Zichi J.D.'s answer
You shouldn't need to do that, and filing liens inappropriately can get you into trouble.
You should seek local legal representation to determine whether or not you need to file a claim against the estate, but more likely if you are an heir you don't even need to do that. Without full details however, it is impossible to say what you SHOULD do.
Seek local help asap
-- This answer is offered for informational purposes only and does not constitute legal advice or create...
You shouldn't need to do that, and filing liens inappropriately can get you into trouble.
You should seek local legal representation to determine whether or not you need to file a claim against the estate, but more likely if you are an heir you don't even need to do that. Without full details however, it is impossible to say what you SHOULD do.
Seek local help asap
-- This answer is offered for informational purposes only and does not constitute legal advice or create...
Q: Don't have a license or insurance. Got in a accident. And it wasnt my fault will Thier insurance. Fix my car
Peter Munsing's answer
They should. If you were hurt you may have a claim for injuries and should contact a member of the state of Washington Assn for Justice--they give free consults. Do not give tape recorded statements until you talk to them.
Get an estimate from whoever you'd want to fix the car of what it will cost.
They should. If you were hurt you may have a claim for injuries and should contact a member of the state of Washington Assn for Justice--they give free consults. Do not give tape recorded statements until you talk to them.
Get an estimate from whoever you'd want to fix the car of what it will cost.
Q: my friend rented a moving truck and hit a car port in my apartments who is at fault me or her?
Peter Munsing's answer
Was the person your guest? Staying there? The friend should pay. Also his truck rental insurance or car insurance should pay. Look at your lease; ask them to state why you are responsible not your friend's insurance.
Was the person your guest? Staying there? The friend should pay. Also his truck rental insurance or car insurance should pay. Look at your lease; ask them to state why you are responsible not your friend's insurance.
Q: Is the RV loan co-signer responsible for damages in case of an accident if the RV is insured by the primary user?
Peter Munsing's answer
None, but if you don't have money the gas guzzler needs to be fixed, and if the collision doesn't cover it she will be paying a lot of money on a set of wheels she doesn't own. Suggest you and or she try borrowing or renting an RV to see how you like paying for the gas, how you like using it. A huge investment if you only use it a few times a year. If it's used, like a house, there are many things that can be or go wrong.
None, but if you don't have money the gas guzzler needs to be fixed, and if the collision doesn't cover it she will be paying a lot of money on a set of wheels she doesn't own. Suggest you and or she try borrowing or renting an RV to see how you like paying for the gas, how you like using it. A huge investment if you only use it a few times a year. If it's used, like a house, there are many things that can be or go wrong.
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