Lance Duncan Fitzjarrald’s Answers

Lance Duncan Fitzjarrald

Hood River Criminal Defense Attorney.

Contributor Level 5
  1. If someone is saying you trespassed on there road, is that enough for a conviction of second degree trespass?

    Answered almost 2 years ago.

    1. Carl A Munson JR
    2. Lance Duncan Fitzjarrald
    3. Daniel Nelson Deasy
    3 lawyer answers

    Yes you "could" be convicted based on one person's testimony that you were trespassing. RCW is below with statutory defenses listed as well. "A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon premises of another ..." Defenses (typical) -- (2) The premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or (...

    1 lawyer agreed with this answer

  2. What kind of plea bargain's are usually given to people accused of being a driver under 21 consuming alcohol. (minor DUI)?

    Answered about 4 years ago.

    1. Lance Duncan Fitzjarrald
    2. Joseph E Turner
    3. Brad Howell
    3 lawyer answers

    Keep in mind that two processes are taking place at the same time when you are accused of DUI. 1. A civil law process involves DOL deciding whether to suspend your privilege to drive. 2. A criminal law process wherein the City/State tries to convict you for a crime. A minor DUI or "baby DUI" does not automatically count like an "adult" DUI in terms of increasing your exposure to getting increased "mandatory minimum" jail/fine sentences in you are unfortunate enough to get convicted of DUI...

  3. At the time of my arrest the public defender in my case worked in the prosecutor for the states office.

    Answered almost 5 years ago.

    1. Christopher Allan Doerfler
    2. Lance Duncan Fitzjarrald
    2 lawyer answers

    I was a deputy prosecuting attorney before accepting court appointments for indigent defense in Washington. I try to always disclose my prior work to new clients. Believe me, I do not feel that I owe my former employer any favors (if that is your preeminent concern). While the prosecutor's office in your case may feel threatened by one of their past employees now representing you, I do not believe that you should be automatically be concerned. I would recommend that you contact your new...

    2 people marked this answer as helpful