Lennard Anthony Nahajski’s Answers

Lennard Anthony Nahajski

Bellevue Criminal Defense Attorney.

Contributor Level 15
  1. Is it legal for prosecutor to threaten to amend charges to 1st degree if accused doesn't take a deal?

    Answered over 1 year ago.

    1. Lennard Anthony Nahajski
    2. Edward A Nelson
    3. Melissa Aura Keiko Odama
    4. Patrick Owen Earl
    5. Sean D Mckee
    5 lawyer answers

    Short answer, yes. The prosecutor can amend the charges at any time, even during trial. The remedy of a late amendment is a continuance , not dismissal or denial of the amendment. You may call it a threat, the prosecutor calls it negotiating. If the accused doesn't want to accept the plea, then he can go to trial on the more serious charge.

    14 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Will I be getting a DUI?

    Answered 6 months ago.

    1. Lennard Anthony Nahajski
    2. Matthew A Leyba
    3. Scott Weymouth Lawrence
    4. Brian Michael Sullivan
    5. Grigoriy Sarkisyan
    6. ···
    8 lawyer answers

    Regrettably, it is almost certainly not over. You will likely receive an arraignment date in the mail within a few weeks, or months if you were arrested in King County by the WSP. You should start consulting with highly experienced DUI attorneys in your area who are familiar with the court you will be going to. There are a number of proactive steps that can be taken to mitigate the situation, and at this point the more information you have about your situation the better. You must also be...

    14 lawyers agreed with this answer

  3. Deferred prosecution DUI?

    Answered about 1 year ago.

    1. Lennard Anthony Nahajski
    2. Michael P Brodsky
    3. Patrick Owen Earl
    4. Erika Wunderlich
    5. Jonathan David Rands
    5 lawyer answers

    If you are talking about marijuana, the answer depends on both the treatment provider and the court. It is not uncommon for a judge to order no consumption of alcohol or marijuana during the term of the deferred prosecution, even if you have a prescription. If you are taking another prescription medication, that medication will typically be addressed by your treatment provider. You should ask your attorney the specifics of your situation or, if you do not have an attorney yet, retain one...

    12 lawyers agreed with this answer

  4. My sister filled a false police report. I was arrested and went to jail. Now I have an assult 4 charge on me. Have a court

    Answered almost 2 years ago.

    1. Lennard Anthony Nahajski
    2. Erin Bradley McAleer
    3. Quinn Rosborough Dalan
    4. Edward T LeClaire
    5. Jeffrey W Holmes
    6. ···
    7 lawyer answers

    Why take a chance on a case that carries up to one year in jail, a $5,000 fine, five years probation and loss of your right to ever own or possess a firearm again, in addition to difficulty obtaining employment, renting apartments or even entering Canada. If you are already considering the possibility of an undesirable result, take step to retain an experienced criminal defense attorney now who will be able to pursue every available defense to make sure you are not convicted. Defendants...

    12 lawyers agreed with this answer

  5. If arrested for repeat offense is bail usually higher??

    Answered almost 2 years ago.

    1. Lennard Anthony Nahajski
    2. Adam Joseph Yanasak
    3. Patrick Owen Earl
    4. Aaron Lukoff
    4 lawyer answers

    Bail will likely be higher, especially if the first charge was not very long ago. The court may be concerned about the possibility of new charges if bail is not set. That being said, depending on the nature of the new charge, i.e. what drug, how much, possession v. delivery, it is still possible the court would PR your friend. Your friend's first priority should be retaining an experienced criminal defense attorney right away.

    12 lawyers agreed with this answer

  6. If I got a DUI for marijuana, and I don't pass the drug and alcohol treatment, what will happen in court?

    Answered 3 months ago.

    1. Lennard Anthony Nahajski
    2. Valerie Semmes Bouffiou
    3. David Nelson Jolly
    4. James D. Laukkonen
    5. Nathan L Webb
    5 lawyer answers

    I assume you mean that you became out of compliance with your treatment program. Three months is a long time after drug use to fail a drug test, so there is likely more to the story than described here. If you are no longer complying with treatment the court can schedule a review hearing and impose sanctions that include jail time. If you are on a deferred prosecution, you could be revoked. The best suggestion is to contact your original lawyer, or consider retaining new counsel, who will...

    11 lawyers agreed with this answer

  7. If I was arrested and charged with DUI and I blew a .179, how likely will the charge be dismissed, acquitted, or case thrown out

    Answered over 1 year ago.

    1. Adam Joseph Yanasak
    2. Lennard Anthony Nahajski
    3. Shawn B Alexander
    4. James J White
    5. Jacob Brian Smith
    6. ···
    7 lawyer answers

    Your question is far too broad to answer in a forum like this. The charge carries a maximum on one year in jail and a $5,000 fine, in addition to a one year license suspension, two years with an ignition interlock device, between one day and two years of alcohol treatment and five years probation, in addition to all the other consequences of a permanent criminal conviction, such as difficulty renting apartments, obtaining employment or even entering Canada. You need to consult with, and...

    11 lawyers agreed with this answer

  8. Can I challenge a DUI if the police officer did not check if my mouth was empty before administering the breathalyzer?

    Answered 11 months ago.

    1. Lennard Anthony Nahajski
    2. Jon Thomas Scott
    3. Michael P Brodsky
    4. Scott Weymouth Lawrence
    5. Jacob Brian Smith
    6. ···
    6 lawyer answers

    If your mouth was not properly check as required by the Washington Administrative Code, you can challenge the admissibility of the breath test. An experienced DUI attorney will be able to utilize the lack of breath test in negotiating the DUI. You need to know that you can still be prosecuted and convicted of a DUI, even if the breath test if suppressed. I would also venture an experienced guess that the officer stated clearly in his report that he/she did a mouth check and found nothing...

    Selected as best answer

  9. What if I drive while the Interlock License is still processing? Is this considered driving while suspended?

    Answered almost 2 years ago.

    1. Lennard Anthony Nahajski
    2. Scott Weymouth Lawrence
    3. Patrick Owen Earl
    4. Alexander M. Ivakhnenko
    5. Macy Michelle Jaggers
    5 lawyer answers

    Yes, it is still considered DWLS. Until you have the ignition interlock license in your possession, you are not permitted to drive. If you are pulled over you will be facing the criminal charge of driving while license suspended.

    Selected as best answer

  10. Do I need a lawyer for a first offence dui while just parked with the engine running?

    Answered 11 months ago.

    1. Lennard Anthony Nahajski
    2. Scott Weymouth Lawrence
    3. Brian Michael Sullivan
    4. Brian Keith Wright
    5. Kevin R. Richardson
    6. ···
    7 lawyer answers

    You absolutely need a lawyer who is experienced with DUIs and the court you will be appearing in. Even if you were just parked, you are going to be charged with "Physical Control" which is essentially the same crime as DUI. The good news for you is that an experienced attorney will be able to utilize all available defenses and pro-active strategies to hopefully obtain a good result. Do not wait to speak with an attorney: start making calls today.

    10 lawyers agreed with this answer