Washington Criminal Law Questions & Answers
Q: When charged with vehicular assault, will the person be held on bail or released after there hearing.
The person has no prior record
There is no exact answer. Depends on the jurisdiction, who the judge is, and the facts of the case. The most important factor about the facts of the case is probably whether it was alcohol related or not.
If the person appears out of custody, particularly if they appear with a lawyer, they... Read more »
Q: Can a warrant be issued at night and not served until 4 days later and still be valid. I was told the only way a warrant
Could be issued after court hours was if the evidence to be seized would be gone by the time the court reopened to obtain the warrant
In Washington the short answer is yes, that can be done. There is no requirement for an after hours warrant that the evidence is going to be gone soon. The judge might not be happy about having her evening interrupted, but there's PC it doesn't matter what time the warrant is obtained.
4... Read more »
Q: How can I find a Lawyer to help my son, who is incarcerated, write his brief for appeal court?
My son need a Lawyer that will help him was appeal brief, so he can get an appeal. The family is will to give a fee for this service.
There are many lawyers around the state who specialize in appeals. I highly recommend Jeremy Morris, but full disclosure he is my law partner.
You should be able to find appellate lawyers with a quick search.
Q: Is it illegal to have a poppy pod as part of your artwork?
I have an etsy shop and listed a handmade box and book with flower seeds. It focuses on Papaver somniferum common names are Opium Poppy, breadseed poppy. Etsy took it down today saying poppy pods and poppy straw are prohibited. I don't want to argue with them but is this just etsy or is selling a... Read more »
Most likely it's a subjective determination by Etsy about inclusion of a prohibited item in the product. Clearly, they appear to be taking things a bit far in this regard, but it's Etsy's platform, and therefore its terms of service (or terms of use, etc.) may empower it with the ability to remove... Read more »
Q: This is my first time getting a Ticket I had 8 crab undersized is my fine going to be very bad
Grays harbor county Washington state
It depends on where you received the criminal citation. In certain jurisdictions, I have been able to resolve criminal Fish & Wildlife issues as infractions.
Q: I’m a bit confused on the wording of this law in WA state: RCW 46.61.685
So if the motor is not running is that okay?
Correct - that crime is only committed if the engine is running.
Q: What are the consequences for telling a judge that a DV report they called in didn’t really happen?
The state is trying to prosecute a DV4 case, what are the possible consequences if the reporter recants and tells the judge it didn’t really happen?
Let's start with, this isn't the judge's first rodeo. Credibility of the recantation will be at issue.
Next, you're question needs to be put in the context of where you are with regard to trial and sentencing.
If you are pretrial, the goal would seem to be to cause the... Read more »
Q: I am researching a double murder case from 1992 involving a US Army member shooting and killing 2
Other US Army members. I can not find any information on it, why?
If you are trying to research something somewhat vague, it can be difficult to find it. If you knew who and where, that would certainly help.
You didn't say how you were researching.
Here is an interesting website that might help you in some way. cite: www.jagcnet.army.mil/ACCA#... Read more »
Q: How long does the prosecution have to bring the accusinal to trial? The charges were filed and Ive chosen a jury tri
The chargers were from 2014 and I obtained my lawyer in 2016 he did request more time to prepare the case since before I was working with a public defender. 6 months after getting the Lawyer he was ready for trial. I believe he may have asked for up to 2 continuances. But we have not requested for... Read more »
You might want to hire a private criminal defense attorney to deal with this if your PD is dragging his/ her feet. Have you waived your constitutional right to a speedy trial? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation... Read more »
Q: can i own a firearm if i have stayed out of trouble from 3/7/2006 with a vucsa : possession w/intent to manufacture
no violations on doc plus
I now have a job with Boeing and have been a contributing member of society as I learned from my mistakes and have a wife and kids whom I would very much like to be able to protect legally if the situation should ever occur where I need too? Lets hope it never... Read more »
You cannot possess a firearm unless you have had that right restored by a court of law. However, if you have no other history, based upon those charges and the length of time, you may very well be eligible to restore your rights pursuant to RCW 9.41.047 Restoration of possession rights. Best of... Read more »
Q: I was involved in a liquor board sting. I was not given a ticket, citation, summons, any sort of notification to appear
(Convenience store clerk) At the time of the alleged incident all I received was a business card from the accusing officer & was told I would be hearing from the district attorney if they decided to go forth with charges. 8 months later I was pulled over on a traffic stop & arrested on a warrant... Read more »
Unfortunately this is not uncommon. Investigators send their report to the local prosecutor, who may take weeks or months to file a charge. The court sends a summons to whatever address they can find for you, and that is often an out of date address; could be the one you had the last time you got a... Read more »
Q: My brother and I live with our father (adult aged). I came home to find that he took my furniture and sold it. Legal?
He made a previous threats to do this.
The furniture was purchased by me.
It was located in my room, as we have separate rooms.
He did not have permission to use or sell my belongings.
Is this theft allowing me to press charges?
Took place in Washington... Read more »
You may be able to sue for damages for the conversion of personal property, trespass, and breach of any tenancy agreement. Moving out may be worth considering. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... Read more »
Q: If I'm at dog park and another dog owner is attacking my dog, to what extent can I stop him from hurting/killing my dog?
My dog did not attack him, his dog or anything else.
Reasonable efforts that fit the situation are typically permitted, though it's best to avoid dog parks for exactly these types of reasons. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You... Read more »
Q: I have a intent to deliver charge , this is how it was brought to me , I was sitting in a coffee shop in Seattle,
Well I was sitting down when a patrol officer walked in and started calling me Mr. Miller, I said I'm not Mr Miller, then two bike cops comes in and and say I fit the description of a car prowler, then they started to harrass me continues to keep calling me Mr Miller ,then said I was a liar. I in... Read more »
You really shouldn't discuss criminal facts in a public forum. Speak with a lawyer about the entire story, as this summary lacks needed details. If you have a failure to appear warrant, you can be arrested for that even in the general scenario you describe. More details are necessary to provide a... Read more »
Q: can the courts amend a search warrant during or after execution of said warrant?
amending the search warrant to include items that were found during or after the search was executed
No. An additional warrant may be granted though with probable cause. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials,... Read more »
Q: what is the validity of the rest of a search warrant if a vehicle is searched and seized but not part of the warrant
if officers are executing a search warrant on a home and vehicles of an owner but in the process search and seize an additional vehicle of the owner and said vehicle is not part of the warrant, what is the validity of the the warrant as a whole.
The validity of the search on the additional car depends not only on the warrant but the reasons and circumstances surrounding the search of the additional car. For example, were illegal paraphernalia in plain sight? Even if the search is invalid, the typical remedy is to exclude evidence gathered... Read more »
Q: If I have been sexually assaulted, but my parent doesn't believe me, can I still press charges without them letting me
You should report crimes to the police immediately, whether you're a minor or not. A juvenile does not need adult permission to report a crime. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as... Read more »
Q: How do I report a murder over 40 years ago. I need help!
I was 2 1/2 years old at the time, do I need a lawyer??
Call the police. See: https://statelaws.findlaw.com/washington-law/washington-statutes-of-limitations.html
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me,... Read more »
Q: I was arrested for poss of meth my pretial is not Intel Feb relise form wants me to ua before I've ever gotten a trial ?
Plead not guilty shouldn't I get to have trial before being treated quality?
Over 94% of criminal defendants accept plea bargains before they receive any sort of real legal defense, nevermind a trial. Our criminal justice system is in the throes of a travesty. I recommend hiring a high quality criminal defense attorney to review your case details and to properly advise and... Read more »
Q: I was arrested and charged with a no contact violation in 2013 they want to move to felony in 2017 is the statue of
Is the status of limitations over being they never charged me with a felony in 2013 and now in October 2017 they said they want to move it to felony court because they say another violation back in 2013 but now trying to charge me 3 years later I never been arraigned for felony charge but now after... Read more »
Any answer here would not change your need for an attorney.
You need to hire one immediately if you haven't already.
If you have and do not trust your attorney's advice, then retain a new one
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