Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Washington Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Washington on
Q: if someone is supposed to go do 60 days can they ask for home monitoring instead and just do more time?

already been sentenced and pleaded guilty

Patrick Owen Earl
Patrick Owen Earl
answered on Aug 17, 2022

You needed to ask for this clarification at the time of sentencing because it sounds like the Judge sentenced this person to 60 days jail and so that is the way it is.

If there are circumstances that have changed that wasn't available to be talked about or discussed when it was done in...
View More

View More Answers

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Washington on
Q: Do I have a criminal or civil case? Officer did not act on my request for help, weeks later child killed someone.

Child has been sentenced for murder however I asked the police chief for help just weeks & days before my child commited murder. He conspired with my husband to keep it quiet about stabbing months prior & ignored my pleas for help.

I specifically told the chief that when the moms... View More

Eric Gene Young
Eric Gene Young pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 23, 2022

Unfortunately, as upsetting as this must be, the facts you described are not likely to constitute either a civil or criminal matter for you. On the civil side, law enforcement officers in federal actions are entitled to qualified immunity which shields them from liability unless they knowingly... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Washington on
Q: Can a judge grant a deferred prosecution for multiple unrelated charges that occurred on different days?

Criminal history.

Assault (M) reduced to Harassment 1. 2019

DUI 2020

Current charges.

2 counts assault (m)

DUI that occurred 7 days after the assault.

Driving without a license.

Driving without an IID.

Stan Glisson
Stan Glisson
answered on May 31, 2022

Talk to your lawyer to confirm, but with those facts it sounds like they can be included in a single deferred prosecution. "Separate offenses committed more than seven days apart may not be consolidated in a single program." RCW 10.05.010.

1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: Does NCF Final mean there’s no charge and won’t ever be a charge?

Court never saw and individual while they were in jail. They had a court date and never were seen. We’re released and disposition said NCF final on the website. Does that mean there’s no charge and the individual won’t be called back in at a later date into a municipal or district court for a... View More

Patrick Owen Earl
Patrick Owen Earl
answered on May 20, 2022

What this means is that for now, the matter isn't charged. It has been stopped and the State is investigating it further to determine if they have more potential evidence against this person to file the charge. If the underlying charge is a misdemeanor level case, they have a year to file... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: Does NCF final mean that An individual is not being charged does that mean they won’t be called into court again later?

Someone I know was arrested and the next day was suppose to go to court. They were never seen and let go with no paper work. Disposition on the website said NCF FINAL. Does that mean they are not being charged. Also if it says final does that mean they are not going summon them back for a trial? I... View More

Stan Glisson
Stan Glisson
answered on May 20, 2022

It definitely does not mean that a charge could not be filed in the future. If the prosecutor gets more information or a follow up report, they can change their mind and file until the statute of limitations has run out. That is at least one year, but more for most crimes.

1 Answer | Asked in Criminal Law for Washington on
Q: somebody reported I aimed a gun at them, police searched my vehicle and find a gun out in the open. do they have a case?

Today a vehicle cut me off, so I passed them in the left lane. Their car sat a lot higher than mine and they had a clear view of my passenger seat. Which had my pistol sitting in it. They called the police and said that I had aimed the gun at them when I was passing. They followed me for 2 miles... View More

Cristine Beckwith
PREMIUM
Cristine Beckwith
answered on May 1, 2022

Sorry to hear that this happened to you. From what you have described, it appears they do have evidence to include the firearm and possibly multiple witnesses that were in the other vehicle. It is very likely that the county prosecutor's office will move forward with criminal charges.... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Sexual Harassment for Washington on
Q: How much will a lawyer charge to represent me in a sexual abuse claim against a Catholic priest in Seattle?

I know a lawyer won't charge me up front I just want to get an idea of how much he would take when I win my case. Thank you

Steve Dashiak
Steve Dashiak
answered on Apr 21, 2022

The standard fee for personal injury cases, including sex abuse cases, is 1/3 of the total recovery plus costs advanced. If the matter goes to litigation, the fee goes up to 40% plus costs advanced.

I commend your bravery in coming forward to get some justice. I wish you the best.

1 Answer | Asked in Criminal Law for Washington on
Q: If a detective is calling you for months trying to get you to come down wouldn't they just arrest you instead of trying

If they had serious allegations against you wouldn't they just arrest you instead of trying to call you for months to interview you

Brent T. Geers
Brent T. Geers
answered on Apr 21, 2022

Depends...the standard to charge someone with a crime is probable cause. Often, they do not have that until, ironically, a suspect voluntarily talks with police, and usually in an attempt to clear their name.

It's quite possible that the police do not (yet) have probable cause for the...
View More

2 Answers | Asked in Criminal Law and Family Law for Washington on
Q: I have a detective and adult services checking on my mom because she took out 50,000 out of her bank America account

My m moved in about 6 months ago and got a settlement and I went to the bank with her about 2 months ago and she withdrawn 50 thousand and now I have a detective and adult services at my door what should I do I haven’t done anything wrong my moms old doctor ordered her to get tests done for some... View More

Jason Powers
PREMIUM
Jason Powers pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 14, 2022

You need to call a lawyer. APS thinks you had her get the money for your benefit. They might try and remove her from your care and send charges to a prosecutor. I suggest you call a local criminal law attorney and meet with them. This need to be done before you and or mom meet with them. Also,... View More

View More Answers

1 Answer | Asked in Criminal Law for Washington on
Q: If I am experiencing COVID symptoms and have a doctors note can the courts issue a warrant for me not being present
Patrick Owen Earl
Patrick Owen Earl
answered on Mar 9, 2022

I have found that if you were to provide this information to the court (usually through your attorney) the court/Judge will allow the continuance. You have an attorney RIGHT?

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.... View 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...
View 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... View 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... View 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...
View More

View More Answers

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... View 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...
View 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...
View 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... View 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.