Washington Criminal Law Questions & Answers

Q: What are the consequences for telling a judge that a DV report they called in didn’t really happen?

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Washington on
Answered on Mar 5, 2019
Greg Freeze's answer
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 prosecution to withdraw the case. I've seen cases go forward with the police officer's testimony as to what the victim reported, using an exception to the hearsay rule. The criminal case is from "we the...

Q: I am researching a double murder case from 1992 involving a US Army member shooting and killing 2

1 Answer | Asked in Criminal Law and Military Law for Washington on
Answered on Mar 1, 2019
Greg Freeze's answer
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#

Disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it...

Q: How long does the prosecution have to bring the accusinal to trial? The charges were filed and Ive chosen a jury tri

1 Answer | Asked in Criminal Law for Washington on
Answered on Jan 24, 2019
Ali Shahrestani, Esq.'s answer
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 with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice...

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

2 Answers | Asked in Criminal Law and Constitutional Law for Washington on
Answered on Jan 18, 2019
Jennifer Melissa Azure's answer
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 luck to you!

Q: I was involved in a liquor board sting. I was not given a ticket, citation, summons, any sort of notification to appear

1 Answer | Asked in Criminal Law and Municipal Law for Washington on
Answered on Jan 17, 2019
Stan Glisson's answer
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 speeding ticket for example.

You don't get the summons, so you don't appear at the first court date and they issue a warrant.

You should definitely get in contact with a lawyer who...

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?

1 Answer | Asked in Criminal Law for Washington on
Answered on Jan 10, 2019
Ali Shahrestani, Esq.'s answer
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 Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY,...

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?

1 Answer | Asked in Criminal Law and Animal / Dog Law for Washington on
Answered on Dec 26, 2018
Ali Shahrestani, Esq.'s answer
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 can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the...

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,

1 Answer | Asked in Criminal Law for Washington on
Answered on Dec 26, 2018
Ali Shahrestani, Esq.'s answer
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 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, and media...

Q: can the courts amend a search warrant during or after execution of said warrant?

1 Answer | Asked in Criminal Law for Washington on
Answered on Dec 26, 2018
Ali Shahrestani, Esq.'s answer
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, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce...

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

1 Answer | Asked in Criminal Law for Washington on
Answered on Dec 26, 2018
Ali Shahrestani, Esq.'s answer
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 from the additional car, and for that a Motion should be filed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...

Q: If I have been sexually assaulted, but my parent doesn't believe me, can I still press charges without them letting me

1 Answer | Asked in Criminal Law and Sexual Harassment for Washington on
Answered on Dec 24, 2018
Ali Shahrestani, Esq.'s answer
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 myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in...

Q: How do I report a murder over 40 years ago. I need help!

1 Answer | Asked in Criminal Law for Washington on
Answered on Dec 24, 2018
Ali Shahrestani, Esq.'s answer
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, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law:...

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 ?

1 Answer | Asked in Criminal Law and Federal Crimes for Washington on
Answered on Dec 24, 2018
Ali Shahrestani, Esq.'s answer
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 defend you. 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...

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

1 Answer | Asked in Criminal Law for Washington on
Answered on Sep 20, 2018
Gary Kollin's answer
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

Q: Is it constitutional to require urine analysis upon demand prior to being found guilty?

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Washington on
Answered on Aug 23, 2018
Stan Glisson's answer
Generally yes.

"the trial court erred when it determined that Wilson was unlikely to appear for future court dates and, accordingly, such a finding cannot support the trial court's imposition of weekly UAs for Wilson."

State v. Rose, 146 Wash. App. 439, 451, 191 P.3d 83, 89 (2008).

Circumstances can be different from case to case, but courts have generally agreed that conditions of pretrial release are limited, and don't include things like UAs, AA meetings, treatment...

Q: My wife was sexually assaulted and they charged him with indecent liberties incapable of consent. Can she sue him?

1 Answer | Asked in Criminal Law for Washington on
Answered on Aug 20, 2018
Stan Glisson's answer
Definitely. She should talk to a lawyer about what her financial damages might be and the best way to handle a potential suit against the perpetrators.

Q: What are the requirements to have my conviction appealed in Washington State?

1 Answer | Asked in Criminal Law for Washington on
Answered on Aug 14, 2018
Stan Glisson's answer
Most important is there is generally a 30 day time limit from the date of sentencing to file notice of appeal. The court should have given you a sheet with appeal instructions, but if they didn't then call the court and ask the clerk. Or of course call the attorney who represented you in the case, or another attorney who practices criminal law and appeals.

Q: How do I go about hiring a lawyer about a case in France? Or maybe get some advice on what to do next

1 Answer | Asked in Criminal Law and International Law for Washington on
Answered on Jul 10, 2018
Richard Sternberg's answer
Many lawyers practicing International Trade law have contacts around the world and can research for qualified lawyers in foreign countries. Also, the U.S. Embassy in many countries maintains a list of local attorneys, though the reference may not constitute a referral. As far as I know, there is no Avvo.com covering French advocates.

Q: I want to have a 40 year felony record expunged. How do go about doing that?

1 Answer | Asked in Criminal Law for Washington on
Answered on May 31, 2018
Stan Glisson's answer
I would contact a criminal defense lawyer who practices near the courthouse where the conviction was entered. They can tell you if your particular case is eligible to be expunged, and how the process works.

If you are eligible, it can normally be done in less than a month.

Q: What would be my next step after a judge refused to properly inform me of all the elements in my charge?

1 Answer | Asked in Criminal Law and Legal Malpractice for Washington on
Answered on May 16, 2018
Jennifer Melissa Azure's answer
Understanding you do not wish to have an attorney represent you, based upon your question I would recommend your next step be to speak with an attorney to explain the process. The Court has not charged you with a crime, the prosecution has.

The Court is required to advise defendants of their rights at arraignment, ensure that the true name and date of birth are provided and go through the elements of the crime - which usually will name either the City or the County and in the State...

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