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Washington Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Washington on
Q: I can't get my felonies expunged (19 yrs ago) cause I owe fines. Is there a way around that with statue of limitations?

It's about $5k and never received a bill or a notice or anything.

Richard W. Noel
Richard W. Noel
answered on Mar 8, 2022

Not usually, no. Generally court fees and fines will follow you. Best to find a way to pay them or see if your court is willing to put you on a payment plan.

1 Answer | Asked in Criminal Law and DUI / DWI for Washington on
Q: I got pulled over for using my cellphone while driving and I was not. Because of stop drugs were found. Was that legal?

The never actually saw a cell phone in my hand. He said he saw my hand by my ear and my mouth moving....that's because I was singing.

Richard W. Noel
Richard W. Noel
answered on Feb 11, 2022

If the officer had a "good faith" basis for the belief (and it sounds like they probably do), it may be ruled to be a good stop. However, you should consider speaking with your attorney and seeing if you have a defense for suppression.

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law, Criminal Law and Family Law for Washington on
Q: Constitutionality of No-contact Order barring Pro Se access to Superior Courthouse? Hypothetical situation/timeline.

-Dist.Court signs a no-contact Order restraining "R"espondent from entering "P"etitioner's workplace.

-P. works as a custodian at the Superior Courthouse where P.vs.R.'s Divorcew/child matter is heard.

-Both P.&R. are ProSe litigants.

-P.... Read more »

Zachary C Ashby
Zachary C Ashby
answered on Feb 10, 2022

Publicly posting information about your case--such as a confession or description of action--can be used against you in Court. No one should post this level of detail online.

As with all protective orders, the terms of the order must be strictly followed. There were other options such as...
Read more »

1 Answer | Asked in Criminal Law, Divorce and Family Law for Washington on
Q: I have a protection order against me and I'm not allowed to return home.

Am I able to call and have her new bf trespassed from that residence

Zachary C Ashby
Zachary C Ashby
answered on Feb 3, 2022

Probably not. But you should contact an attorney to have the protection order addressed to help you get any of your property and ensure that you do not accidentally violate the order.

1 Answer | Asked in Criminal Law for Washington on
Q: Assault 3 washington state. What can I do to avoid jail or prison
Cristine Beckwith
PREMIUM
Cristine Beckwith
answered on Dec 22, 2021

Sorry to hear of your situation. The most important thing you can do is to avoid speaking to anybody but an experienced criminal defense attorney about what happened. Speaking to law enforcement or trying to represent yourself are both very bad ideas. Most of us offer free phone consultations and... Read more »

2 Answers | Asked in Criminal Law, Employment Law, Civil Rights and Employment Discrimination for Washington on
Q: What to do

As an employee, Witnessed a manager debate and follow through with assaulting another employee with an ice cube, after stating that same action just broke his glasses, submitted an existential complaint to management, who also neglected their duties, and took adverse action, after the complaint and... Read more »

Brad S Kane
Brad S Kane
answered on Dec 15, 2021

You should consider filing a written complaint with HR and/or the top management of the company. The written complaint will at least document your complaint was made in case retaliation by the manager and higher management.

Before you send in the written complaint, you should have a lawyer...
Read more »

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1 Answer | Asked in Criminal Law for Washington on
Q: Is my case still open? I was told by a local police precinct when I was 16 that I had an active/open case with them. Th

I was told by a local police precinct when I was 16 that I had an active/open case with them. They won’t tell me what it’s about. How do I know if it’s still open? I’m 19 now and haven’t been contacted by anyone ever since. Never went to court or charged with anything.

Patrick Owen Earl
Patrick Owen Earl
answered on Dec 6, 2021

Contact an experienced criminal defense attorney and he/she could help you. Do it now for peace of mind

1 Answer | Asked in Criminal Law for Washington on
Q: I reported a crime 2020 and have been charged due to it 2021. I did not know I've been summoned and now I have a warrant

I did not know they would charge me with a felony regarding the day I reported the crime last year 2020, a year later. Now I missed the court date because I was not aware I was required to show up to the court. They might have sent the notice to appear court date to the old residential address I... Read more »

Patrick Owen Earl
Patrick Owen Earl
answered on Nov 23, 2021

I assume you are saying that you have a pending criminal case here in WA State and that you live in MN.

What you need to do is hire an experienced criminal defense attorney here in WA, where your charge is filed and he/she can start the process to get you a court date and maybe even get...
Read more »

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
PREMIUM
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 »

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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
PREMIUM
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.

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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
PREMIUM
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
PREMIUM
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 »

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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 »

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