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Washington Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law and Traffic Tickets for Washington on
Q: My racing charge reduced to Negligent Driving 2nd degree, they charged me 553$ but online it says it's 250$.

RCW 46.61.525 - Washington

Patrick Owen Earl
Patrick Owen Earl answered on Apr 3, 2020

When the State amends a criminal offense like reckless driving where you are looking at a fine up to $5000, and jail up to 364 days and losing your license for 30 days and you get an infraction instead. Pay the money.

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1 Answer | Asked in Criminal Law for Washington on
Q: charged with a first offense of theft 3. The dollar amount was aprox 85$. What are the chances my record will stay clean
Stan Glisson
Stan Glisson answered on Feb 25, 2020

Good chance. Most courts have some kind of diversion program for cases like this. If you can, you should talk to a lawyer before you go to court. There may a way to minimize the damage before you ever see a judge.

2 Answers | Asked in Criminal Law for Washington on
Q: What to expect when you were caught shoplifting from a store you were trespassed from.

Back in 2017 I was caught trying to leave a Walmart without paying for items in my cart. I signed a no trespassing promise and didn't go back for 3 years. Recently I've fallen on hard times and went into Walmart because they have the best prices in town. But I wasn't able to afford what I had... Read more »

James Laukkonen
James Laukkonen answered on Feb 21, 2020

Under similar circumstances, I have seen people charged with Trespass, Theft, and Burglary. By entering a place that you knew you were not allowed to be, and committing a crime there, you made it a lot worse. You will need an attorney to help you through this. It sounds as though you likely... Read more »

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1 Answer | Asked in Criminal Law for Washington on
Q: Am I able to withdraw my guilty plea after I have been sentenced? I was misled by my public defender & was made to plea

Misled by public defender. Have all the paperwork of me saying not guilty. Have numerous notices of case where it was “last chance to accept”offer” or would automatically go to trial. I always said not guilty. The public defender did not represent me at all. I tried to fire him with a Judge... Read more »

Patrick Owen Earl
Patrick Owen Earl answered on Feb 21, 2020

I am sorry to say that it is extremely difficult to withdraw a plead of guilty within hours or days of doing it let alone after 5 months. Yes the actions of what you experienced could be helpful IF the parties remember it OR it was noted on the recording. More likely is that the parties won't... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: Does a person arrested for "retail theft with extenuating circumstances" ordinarily get release on his/her recognicance?

The person in question has prior felony convictions and was under the supervision of a Community Corrections officer at the time of the most recent theft.

Patrick Owen Earl
Patrick Owen Earl answered on Jan 30, 2020

These are very serious cases and you will need an attorney to explain these extenuating circumstances to the prosecutor/state in order to have the best chance to win. Please hire an experienced criminal defense attorney to represent you. Since I have been an attorney handling criminal defense for... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: What possible solutions can be had besides prison in my case theft of auto when I did not intend to deprive owner?

I'm charged with theft of an automobile. I moved from one spot, what looked like a stolen pickup, to another spot. My mindset was to not let thieves keep it when they returned. I acted quickly to solve the situation. I feared the cops wouldn't come quickly or at all if I would have called 911. I... Read more »

Patrick Owen Earl
Patrick Owen Earl answered on Jan 24, 2020

I assume you have an attorney. This is what you need to talk to your attorney about and make sure he/she listens to you. If you don't have one and can't afford to hire a private attorney, apply with the court to appoint you an attorney. If you can hire a private attorney I suggest you do so... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Washington on
Q: Is a k9 sniff probable cause to seize a vehicle, from Wal-Mart parking lot?

While customers are shopping inside Poulsbo Wal-Mart, an office is outside looking in the windows of parked cars. If he feels necessary he brings his K9 out to sniff. If his K9 "hits" he has the vehicle taken to police station, then applies for warrant.

Patrick Owen Earl
Patrick Owen Earl answered on Jan 14, 2020

Officers can look into cars and if they see something in plain sight that is suspicious they have the ability to investigate. So I haven't researched this issue but it is one looks on its surface that it is fine but I would be interested in what the case law says about it. However, you will need... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Washington on
Q: Can I represent myself for an individual hearing w/o my private attorney and have said attorney complete subsequent

hearings agreed to in my attorney client agreement. It’s a non compliance hearing for a dirty UA in treatment for DUI. Or, do I need the attorney to file a Motion to Withdraw and if so, can I have them withdraw for just this single compliance hearing. They want $500 I don’t currently have to... Read more »

Patrick Owen Earl
Patrick Owen Earl answered on Jan 2, 2020

The attorney can't withdraw for one hearing. Once he is on the case he is on the case BUT you can ask that attorney not to appear at a hearing and see if the Judge will accept your explanation of what you are dealing with however, Judges don't like to do this. Attorneys have a way to explain and... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: At one point in the judicial process can the defendant submit an affidavit requesting a Frank's hearing ?

I'm in court wednesday for pretrial conditions of release negotiations..my case involves the use of a CI for 100% of the states case beginning in the probable cause for the issuance of a search warrant.....I'm wondering if a Frank's hearing is requested pretrial with the potential to have case... Read more »

Stan Glisson
Stan Glisson answered on Dec 10, 2019

Short answer, yes. Any challenge to the sufficiency of the warrant, including a Franks hearing, would have to happen prior to trial. Those are the decisions that determine what evidence the jury is going to be allowed to hear, so they have to happen prior to the trial, normally weeks prior.

1 Answer | Asked in Criminal Law for Washington on
Q: in a DV case simple assault so I need a lawyer? The victim damaged a fingernail while hitting me with a pillow.
Stan Glisson
Stan Glisson answered on Nov 4, 2019

Sounds like you need to talk to a lawyer directly, yes. The domestic violence accusation can have some far reaching consequences, so I would recommend you call a lawyer as soon as you can.

1 Answer | Asked in Criminal Law for Washington on
Q: What do the points mean in the legal system. My son has 3 but on paper it says 6

Why was he give 12 year for first time offender?

Stan Glisson
Stan Glisson answered on Oct 28, 2019

For felony crimes, the standard sentence range (where the judge is expected to sentence) is established by the number of "points" the defendant has. For example, any prior felony conviction generally counts as a point, and increased the standard sentence range. There are other factors in an... Read more »

2 Answers | Asked in Criminal Law, Internet Law and Juvenile Law for Washington on
Q: My 14 year old daughter has been charged felony harassment. This is her 1st offence. Will she be found guilty?

She had just got suspended from school for fighting the girl she sent the snapchat to. In the snapchat it states some people have "shooters". She was charged with felony harassment. What should be my next step?

Gary Kollin
Gary Kollin answered on Oct 27, 2019

Stop talking and writing by everyone.

Retain an attorney

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1 Answer | Asked in Criminal Law and Gov & Administrative Law for Washington on
Q: Would a criminal history from 25-30 years ago prevent a person from taking the bar.All related to drug addiction

Felony malicious mischief, lying to the police, dui, glue sniffing, various other crimes all within a few years time 1994. Then a dui in 2003.Rehabilitation then nothing more than 2 speeding tickets from 03-2019. Graduated with honors BS Paralegal Studies and become a top athlete. Plan on attending... Read more »

Stan Glisson
Stan Glisson answered on Oct 25, 2019

Not automatically. The bar association has rules regarding character and fitness:

http://www.courts.wa.gov/court_rules/?fa=court_rules.list&group=ga&set=APR

Look specifically at rule 21 to start.

Here is a real life example of someone who did it:...
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1 Answer | Asked in Criminal Law for Washington on
Q: how do we file a appeal if my sons attorney was disbarred right after trial by judge.Need some answers thanks

The attorney was being investigated at the time and we found out at the end of trial. the judge dismissed herself then came back to be the judge again. The attorney was disbarred after the court date and he has not given any records back and did not use any evidence that he had to prove the case.... Read more »

Stan Glisson
Stan Glisson answered on Oct 24, 2019

There is no one answer to this question, way too many variables (in my opinion). I would say call a lawyer asap and talk about the details of what happened, and he or she can talk you through some options.

1 Answer | Asked in Criminal Law for Washington on
Q: had an affair & shes threatening to tell my wife or have someone do it on her behalf will a restraining order stop her
Gary Kollin
Gary Kollin answered on Oct 17, 2019

How will a restraining order stop her from sending an anonymous email detailing everything?

1 Answer | Asked in Criminal Law for Washington on
Q: why would a prosecutor ignore TWO minor's statements of sexual abuse and not use them in a trial???

perpetrator was charged with possession of pictures of minors but NOT taking pictures of two live people

Gary Kollin
Gary Kollin answered on Oct 15, 2019

Sorry my mind reading abilities have never worked

1 Answer | Asked in Criminal Law, Identity Theft and White Collar Crime for Washington on
Q: I have a renter that gets untol amounts of mail from capital one, often multiple per day. Could it be something illegal?
Gary Kollin
Gary Kollin answered on Oct 7, 2019

How would an attorney on the internet know if something nefarious is occurring?

1 Answer | Asked in Criminal Law for Washington on
Q: My girlfriend hit a tree while drunk and lied about it to her insurance. She made fake tow receipts someone called geico

Siu to report her fraud after they’d already repaired the car. Does geico follow up on the things and wouldn’t she have heard from geico within a week?

James Laukkonen
James Laukkonen answered on Sep 13, 2019

The short answer is that yes, they do sometimes follow up after paying. From the description, she committed a crime. She might or might not ever hear directly from GEICO (except maybe to cancel her insurance). Much more likely is that if they found out about this, they reported it to the police.... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Washington on
Q: How do I get my case dismissed?

I got a ticket for dws. I wasnt driving. Car wasnt running. And no keys in the ignition. Parked in a parking lot at a gas station. Wasnt even my car. So I went to court on the date the ticket told me to. Which was 2 weeks from the date I got the ticket. I wasnt on the docket. I asked the court... Read more »

James Laukkonen
James Laukkonen answered on Sep 13, 2019

There are a couple items that jump out at me here. The first is that driving while your license is suspended is not just a ticket. It is a criminal offense. It isn't a very serious offense, but it is still a criminal charge. I know the form that they wrote it up on looks just like a traffic... Read more »

1 Answer | Asked in Criminal Law and Family Law for Washington on
Q: What can i do? my 17yr old lives with 18yr boy friend but he is hitting her.

My daughter 17 lives w her boy friend 18 and his parents. They been together 2 yrs now they have a 9 month old baby. We found out he is hitting her. But she denys it. There is witnesses to this behavior. As a mother what can i do? She turns 18 in December so i need help fast. She has been suicidal... Read more »

Stan Glisson
Stan Glisson answered on Sep 9, 2019

The law allows a parent to seek a protection order on behalf of a minor child. So you can go to the local courthouse and ask for a protection order that would prohibit him from contacting her, but that would only be valid until she is 18.

You can of course report what is happening to local...
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