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Washington Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Washington on
Q: Can an Order for Protection remain in effect for 11 years in washington state?
Stan Glisson
Stan Glisson answered on Oct 27, 2020

Sure. The RCW creates multiple different types of protection order. Some have statutory limits but there are certainly circumstances where a judge can issue a lifetime protection order. Depends on what kind of circumstances gave rise to the order.

1 Answer | Asked in Criminal Law, Domestic Violence and Civil Rights for Washington on
Q: I was arrested and made aware of an restraining order by officer. He showed me on computer. I ever got paper copy¿

This has now caused me to miss court date as I never received any info on court date or what allegations I was. Looking at. I call the court and was told officer had done the service but never received any paperwork

Cristine Beckwith
Cristine Beckwith answered on Oct 9, 2020

Sorry to hear. An attorney can file a motion to reconsider for lack of service. You should contact an attorney ASAP.

1 Answer | Asked in Criminal Law for Washington on
Q: Can she write a statement recanting what she told the cops? Or if she gets on the stand and recants her statement will

she be charged with perjury?

Patrick Owen Earl
Patrick Owen Earl answered on Oct 1, 2020

You and she needs to have a personal conversation with an experienced criminal defense attorney. These questions and answers need to NOT be on a public forum. Contact someone today.

3 Answers | Asked in Criminal Law for Washington on
Q: Can my wife's statement to the cops be used against me in court
Patrick Owen Earl
Patrick Owen Earl answered on Oct 1, 2020

In a criminal prosecution a wife can testify against the husband, there is not immunity for a criminal offense. The person would have to appear in court and testify in person. Please hire an experienced criminal defense attorney to represent you Sir! This is your best bet to make sure your... Read more »

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2 Answers | Asked in Criminal Law for Washington on
Q: I was recently charged with theft through Walmart. I was never taken to jail, but I am still worried about jail time.

I have a previous reckless endangerment charge that is pending upon completion alcohol class and $100 which are both done, however I’m worried this new charge will effect that outcome? Am I able to get this theft charged dropped even though I have a pending other charge. I do plan on trying to... Read more »

Patrick Owen Earl
Patrick Owen Earl answered on Oct 1, 2020

The ability to DROP the theft charge depends on whether or not they have a good case or not. If you are under conditions on the Reckless Endangerment charge and one of those conditions was no criminal offense then you are probably looking at getting sentenced on that first charge. Sorry to say... Read more »

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1 Answer | Asked in Criminal Law for Washington on
Q: From the state of WA, one of my best friends is getting charged with assault in the first degree on 3 counts and

Unlawful possession of a firearm. I need any type of help to hire a very good lawyer because he has 3 kids and is a great father and from what I know, when his situation accrued he got shot and so did his passenger leaving him paralyzed. He shot back and now he’s in pierce county and doesn’t... Read more »

Patrick Owen Earl
Patrick Owen Earl answered on Sep 26, 2020

What he is charged with and the facts concerning this matter is what is important. The fact that he is a good person and a father is probably not important to the case but a good factor. It comes down to facts and testimony and what the State can prove. He needs to hire an attorney. If you... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: I left for one week and now the owner of the place won't let me on the property to get my belongings?

I don't owe any money and now he's selling my things! Can he do this?

Stan Glisson
Stan Glisson answered on Sep 16, 2020

Most counties have some kind of legal aid client designed to help tenants with landlord disputes. In Kitsap county it's https://www.washingtonlawhelp.org/organization/kitsap-housing-justice-project

If you contact them, they might be able to point you to resources in your area.

1 Answer | Asked in Criminal Law for Washington on
Q: How do I request the video of a police interigation. Are the videos of testimonies public information
Stan Glisson
Stan Glisson answered on Sep 14, 2020

Public records request. Most police agencies have a form on their website you can use to make the request.

1 Answer | Asked in Criminal Law for Washington on
Q: Is the video of my police interview confidential
Stan Glisson
Stan Glisson answered on Sep 14, 2020

Typically not. Although while the case is under investigation, the police can keep evidence to themselves. Once the investigation is complete and the case is either filed in court or not, then in almost every case that video would become accessible to virtually anyone who asked. Different rules may... Read more »

1 Answer | Asked in Criminal Law and Car Accidents for Washington on
Q: Can you obtain you Discovery File ?
Tim Akpinar
Tim Akpinar answered on Sep 8, 2020

A Washington attorney could advise best, but your question remains open for three weeks. You post under two categories, which could either mean (1) nothing if it was an oversight in selecting categories, or (2) it could mean the car accident you describe has a civil component and a criminal... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Washington on
Q: My boyfriend and I are involved in a DV case and he had a court date this week but missed it

Is there anything he can do to fix this? If not what is in store for him? I still want to be with him and am so afraid that we won’t legally be able to. He hasn’t hired a lawyer because he can’t afford one... I myself have filed to get the no contact order dropped and we have a court date in... Read more »

Cristine Beckwith
Cristine Beckwith answered on Sep 4, 2020

Be very careful. If you attempt to change your story, you could be charged with making a false or misleading statement or obstruction of justice. Also, remaining in contact with your boyfriend puts him at risk for a violation of the No Contact Order.

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2 Answers | Asked in Criminal Law and DUI / DWI for Washington on
Q: What will my consequences be when my court date comes around?

I just got pulled over for expired tabs,and the cop smelled my weed in my car,he gave me a few options but in the end he didn't search my car because I gave up my weed. There was about a 4th of weed in the jar. I'm 19 and he did no field sobriety tests,and I live in Washington state

Patrick Owen Earl
Patrick Owen Earl answered on Sep 4, 2020

Sounds like you are in need of an experienced criminal defense attorney my friend. Please do a search for one and have a consultation soon.

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1 Answer | Asked in Criminal Law for Washington on
Q: Can a probation officer go to a business and get my information off of a piece of paper and give it to the courts ?

I’m not on probation

Cristine Beckwith
Cristine Beckwith answered on Aug 25, 2020

Unfortunately, if your name was in a clear place and they were not violating any privacy laws by obtaining it, they can turn that information over to the prosecutor. The prosecutor can then choose to charge you based on the credibility of the information. You should retain an experienced attorney... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: I currently live with my grandmother who is at high risk for covid-19. I have court in another County and she is afraid

She is afraid of me can check and go visit and bring it home. Is there any way that I can be excused from Court until the pandemic is over I'm not sure if he'll let me come back if I go

Stan Glisson
Stan Glisson answered on Aug 13, 2020

You should definitely call the court (and your lawyer) and find out what options exist. Most courts are offering video conference as an option. Even if they aren't doing that, there may well be exceptions in place for someone in higher risk environments like yours.

2 Answers | Asked in Criminal Law and Domestic Violence for Washington on
Q: My boyfriend got arrested for dv I’m wondering if it would be extremely beneficial to hire a lawyer or not?

Someone called the police on us and when they arrived @ his apartment I was packing my things to leave and didn’t want to speak to them at all but they kept pressing me for info and had kinda made up their minds up about what happened before they got there. We now have the mandatory protection... Read more »

Patrick Owen Earl
Patrick Owen Earl answered on Aug 4, 2020

It is absolutely crucial that he is represented by an experienced criminal defense attorney and that same attorney can advise you if you want. However, there are issues that you should consider separately and I believe that you should have a consultation with an attorney on your own so that you... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Washington on
Q: What happens if the police knowingly leave out crucial information from a police report?

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Patrick Owen Earl
Patrick Owen Earl answered on Jul 29, 2020

You don't have the ability to ask or compel the police to include or exclude anything from a report, all you can do is collect all the information available from whatever source you can and then if it is relevant to your situation and defense then you hire an attorney to present this evidence... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: How common is it for the convicted of a DV assault 4 be the one with injuries but the victim had no injuries?

.

Cristine Beckwith
Cristine Beckwith answered on Jul 23, 2020

Things of this nature are unfortunately common with domestic violence. For this reason, it is important to be defended by a criminal defense attorney with domestic violence experience.

Assault 4 does not require an injury. The contact only needs to be considered offensive.

1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: Is a prosecuting attorney obligated to charge the alleged victim when evidence shows they were the assailant?

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Cristine Beckwith
Cristine Beckwith answered on Jul 21, 2020

The prosecuting attorney has discretion on who to charge after reviewing the available evidence and has no obligation to charge anyone. If you are facing criminal charges, the fact that your boyfriend was the main aggressor would be relevant to your defense. You need to be represented by a criminal... Read more »

2 Answers | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Washington on
Q: Does an officer have to have a provable reason to pull u over

Case Description: So I had been driving home from getting my daughter and got lit up by a sheriff. I was about 100 yards from my driveway so I made the decision of not stopping right away and continuing to my driveway so my car wouldn’t possibly get towed and my daughter would have to be stuck in... Read more »

Patrick Owen Earl
Patrick Owen Earl answered on Jul 11, 2020

They don't have to prove beyond a reasonable doubt that you committed an infraction or something to pull you over. But there has to be a reason that they can explain and have some testimony towards the reason(s). For example, he could be saying I saw that this vehicle was traveling over the... Read more »

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1 Answer | Asked in Criminal Law for Washington on
Q: Can defendant be re-sentenced to include a gun enhancement that wasn't originally included if a plea has been accepted?

Plea agreement was made and sentencing has already occurred. Defendant is already serving original sentence and now they want to re-sentence to include a felony gun enhancement that wasn't included in the original plea deal.

Cristine Beckwith
Cristine Beckwith answered on Jul 9, 2020

Typically, once an offer is accepted and a plea entered both parties are bound by that recommendation. There are a few circumstances that allow one or both sides to change the recommendation (if you picked up new charges following entering the plea etc..) We would have to know the specifics to... Read more »

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