Lawyers, Answer Questions  & Get Points Log In
Washington Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Washington on
Q: I was arrested and sentenced on a drug charge in California, I live in Washington state. Can new legislature effect me

It was at the Otay border and I took the plea for 36 months. Washington state has basically decriminalized drug possession and I was just wondering if it could effect my case

Stan Glisson
Stan Glisson answered on Oct 7, 2021

I'm afraid not. The change in WA drug law was a very specific ruling based on the wording of the WA possession statute, which was unique in the country. This change would not affect convictions from any other state or the federal system.

If you want to read more about how the change...
Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: If I was charged with theft and trafficking in the first is there anyway to get it dropped and what's a good defense
Patrick Owen Earl
Patrick Owen Earl answered on Sep 17, 2021

You need to sit down with an experienced criminal defense attorney today and talk about this situation because nobody can teach you how to defend these cases for you. This isn’t like calling up a plumber and getting instructions how to replace a sink. You need to just interview and talk to an... Read more »

1 Answer | Asked in Criminal Law and Animal / Dog Law for Washington on
Q: why would a possession of stolen proprty charge be turned into a felony

the property was a dog

Cristine Beckwith
Cristine Beckwith answered on Sep 9, 2021

Sorry to hear. The State may have determined that the value of the dog exceeded $750, which would result in a felony charge. The value of the dog is one of many potential issues that a criminal defense attorney can fight. It would be a good idea to call a criminal defense attorney today. Most of us... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: In a 1986 murder case a man was convicted only he wasnt he just found it in a back ground check , its a mistake now what
Stan Glisson
Stan Glisson answered on Sep 2, 2021

If that came up in a WA background check, I would start with WA State Patrol, as they maintain the database. This link has their contact information as well as a form to fill out to request to modify or correct a record:

https://www.wsp.wa.gov/crime/criminal-history/

1 Answer | Asked in Criminal Law for Washington on
Q: After a mistrial does the defendant have to be rearranged for the second trial

No just curious about how retrials work and do you have to be rearranged

Stan Glisson
Stan Glisson answered on Aug 30, 2021

There isn't a requirement that the defendant be re-arraigned, but it does re-start the time for trial. So a new 90 or 60 days, just like it was arraignment all over again.

2 Answers | Asked in Criminal Law and Constitutional Law for Washington on
Q: An inmate in the county jail Yakima Washington wants me to be his POA to negotiate a plea bargain for him

His assigned counsel refused to submit his written counterplea before the prosecutor's deadline to either accept his plea and sentence or he would add more charges to his cases. He will submit a limited POA notice to an attorney who will make me his legal POA for negotiating a better plea. I... Read more »

Patrick Owen Earl
Patrick Owen Earl answered on Aug 18, 2021

It is not smart to have a person talk with prosecutor's about a possible resolution to criminal offenses without being an attorney AND not the attorney that will trying the case if it is to go to trial. The person NEEDS to be an attorney first of all, I wasn't sure if this person with a... Read more »

View More Answers

1 Answer | Asked in Car Accidents and Criminal Law for Washington on
Q: Looking for a pro Bono/low cost lawyer to support a young black male who has been sentenced a heavy 9 years.

This individual was sentenced 9 years. He is adopted by a loving family and was charged standing up and protecting his special needs brother who was being assaulted. He is 24 now and was sentenced at 21. His father passed away while incarcerated and his adoptive mother has four kids and a grand... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 10, 2021

Only a Washington attorney should advise here, but your question remains open for a week and it looks like you are losing valuable time. Time is of the essence here - your friend could look into whether he qualifies, based on financial need, for defense through the Public Defender's Office.... Read more »

2 Answers | Asked in Criminal Law for Washington on
Q: what is the sentence for the crime assault in the 4th degree
Cristine Beckwith
Cristine Beckwith answered on Aug 1, 2021

0-364 days in jail. It is a good idea to contact a criminal defense attorney to fight the charge.

View More Answers

1 Answer | Asked in Criminal Law, Civil Rights and Communications Law for Washington on
Q: Why did I receive a “Notice of Interception Of Oral Communications Inventory” from the prosecuting attorneys office ?

It looked like a court order signed by a judge and was sent to me certified from the prosecuting attorneys office. It listed a 5 day period this last November for when it was approved by the judge for intercepting my oral communications. I am so confused as to why I would receive this out of the... Read more »

Cristine Beckwith
Cristine Beckwith answered on Jul 21, 2021

If you have not done anything wrong, it is possible that you have unknowingly communicated with a person who is being investigated for a very serious crime.

1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: if cops are called for dv is the accused part going to jail
Cristine Beckwith
Cristine Beckwith answered on Jul 18, 2021

The accused person will often go to jail. However, it is not uncommon for the alleged DV victim who called 911 to end up going to jail. When the police investigate, people often unknowingly admit to crimes when telling their side of the story.

2 Answers | Asked in Criminal Law for Washington on
Q: Where do I go to get my possession of controlled substance charges dropped off my record
Stan Glisson
Stan Glisson answered on Jul 15, 2021

Easy answer is to call the lawyer who represented you. If that isn't possible, the public defender's office in the county where the conviction occurred can help you. In many counties, you can just call the prosecutor's office. Most of them have an assigned person or team who is... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Washington on
Q: How can I get this 4 degree assault charge dropped?

For 3 months she has harassed me,Things built up Her & 7 yr old chanting 30+ TIMES MAKE HER MOVE,OVER & OVER I was having a hard day with my illness and talk to "other" people & myself,I found her standing at my door recording me and taking pictures,which the phone was shoved... Read more »

Patrick Owen Earl
Patrick Owen Earl answered on Jun 27, 2021

This sounds like a very frustrating situation. The prosecutor is the only person that has the authority to dismiss a criminal offense. You need to hire an experienced criminal defense attorney to represent you and see whether he could persuade the prosecutor to dismiss. This isn’t easy! This is... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: I was arraigned on 3/19 and my trial was set for 6/28. Does that violate my speedy trial rights?

No continuations or missed court dates. I did the math and that’s 101 days.

Patrick Owen Earl
Patrick Owen Earl answered on Jun 10, 2021

I am assuming you are not counting any time that was under the trial suspension due to Covid. Talk to your attorney.

1 Answer | Asked in Criminal Law for Washington on
Q: If I've never been in trouble a day in my life and got picked up on FOR DOMESTIC ABUSE BATTERY -STRANGULATION (13A)

Am I looking at jail time and I do need a lawyer

Stan Glisson
Stan Glisson answered on Jun 7, 2021

Normally where strangulation is alleged, the charge in court winds up being Second Degree Assault. The sentence range for that is 3 - 9 months in jail. I would certainly recommend you talk to a lawyer who practices in your area as soon as you can.

1 Answer | Asked in Criminal Law for Washington on
Q: What is an RCW: 26.50.110(5) F
Stan Glisson
Stan Glisson answered on May 24, 2021

Depends where you are seeing it- but it is probably a reference to someone being charged with violation of a protection order.

https://app.leg.wa.gov/RCW/default.aspx?cite=26.50.110

2 Answers | Asked in Criminal Law, Traffic Tickets and Constitutional Law for Washington on
Q: The right to travel does that mean it is legal to drive without a driver's license?
James Laukkonen
James Laukkonen answered on May 19, 2021

Having a right to travel does not mean that you have a right to drive a car. You can travel by walking, by riding a horse, or by many other methods that do not involve cars. Driving a car is a privilege, and all states regulate that privilege.

View More Answers

1 Answer | Asked in Criminal Law for Washington on
Q: Do I, the accused, have a right to have a copy of the discovery?

I want to see my discovery. The full discovery of evidence. My attorney says he will get in trouble if he gives it to me

Stan Glisson
Stan Glisson answered on May 4, 2021

That's a good question, this is an odd and frustrating area of the law. There actually are a number of laws and rules that prohibit your lawyer from just handing over (or copying) the discovery to you, without approval from the prosecutor's office that provided it. The discovery is, in a... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: Okay I was convicted of felony drug possession a couple years back in washington and am still on community Custody

I wasnt even in possession of any drugs is it possible to have the conviction over turned and be taken off community custody

Stan Glisson
Stan Glisson answered on Apr 24, 2021

If it was simple possession, then you should be eligible to have that conviction vacated immediately. The state supreme court recently struck down our possession law as unconstitutional and courts are vacating possession convictions. You should contact the attorney who represented you, or the... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: With Washington state changing the law surrounding felony drug possession, is it possible to have a conviction reduced?

Now that drug possession is no longer considered a felony offense, am I able to petition for a reduction or even to vacate the conviction as long as it meets the new criteria? If it helps to understand where I am coming from, drugs were found in my house, not on my person, in the amount of <0.1 g.

Stan Glisson
Stan Glisson answered on Apr 6, 2021

If it was simple possession (felony or misdemeanor), then yes - it should eligible to be vacated. You should call the lawyer who represented you at the time, or maybe the public defense office for that court.

Here is a very short blog post I wrote on the topic if you want a little more...
Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: Before sentencing, but after signing a deal can you ask for a new attorney? After researching I think that he didnt repr
Patrick Owen Earl
Patrick Owen Earl answered on Mar 31, 2021

It is very hard to withdraw a plea of guilty to a case because you were ask specific questions about what you were doing and if you were full aware of the issues, the rights that you were giving up and the understanding of the arrangement of your deal. This was viewed as your decision and no one... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.