Jonathan Dichter's Answers

I am 17 years old, live in Washington State, and have recently been charged with a DUI, MIP, and reckless driving.

Both of my colleagues are correct - you are facing serious criminal charges, as well as SIGNIFICANT licensing consequences. The important thing to realize is that a DUI conviction CAN NOT be vacated or expunged. You need skilled legal help immediately! Feel free to call my office for your FREE CONSULTATION at 425-424-9401.

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Waiver of right to a speedy trial in WA state

Most often a defendant will file a waiver if their attorney needs more time to prepare and/or negotiate the case. Generally cases are continued at least once or twice, requiring a waiver. The recent amendment of the Criminal Court rule for time for trial makes it very difficult for a defendant to actually get a case dismissed because of a violation of speedy trial. I suggest you consult your attorney.

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I got a notice from court stating "DV-ASSAULT 4th Degree"

You absolutely should hire an attorney. You are charged with Assault in the 4th Degree which is a gross misdemeanor punishable by up to one year in jail, and can also have consequences on your immigration status (i.e. you could get deported). Contact an attorney immediately and they can help you answer your questions. Call 425-424-9401 for your FREE CONSULTATION.

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Under Washington state's criminal code what are the penalties for 4th degree assault?

In our state, Assault in the 4th degree is a gross misdemeanor. That means the maximum penalty is up to one year in the county jail and/or a $5000 fine plus costs and assessments. If the assault is alleged to include domestic violence, you can also lose your right to possess firearms for life. Assault 4 is a very serious charge and you should contact an attorney immediately. Our office offers a free consultation on every case!

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In WA state is it legal for a 16 year old and a 26 year old to have sexual contact or intercourse

Generally, the age of consent in Washington IS 16 years of age. Unless there is a significant relationship, such as teacher/student, etc. under the law, it should be allowable. However, you should consult with an attorney as soon as possible to make sure the specifics of your case do NOT include liability.

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Malicious mischeif charge

There's more information that we'd need in order to adequately answer your question, although you shouldn't be giving that information out over the internet. You should consult with an attorney immediately to discuss every aspect of this case. Just because you "didn't" make the computers crash doesn't mean you can't be charged and possibly convicted of it. Consult with an attorney immediately.

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DUI in Washington state, minor first time offender, penalties

Even though the child is a minor, in Washington he or she can still be charged with a full fledged adult DUI. Where it's being charged depends largely on which prosecutor's office is handling it. Our office has handled many cases out of Yelm, and I'd be happy to discuss the case with you at a free consultation. Be aware the a DUI can have serious penalties, even if it's just a minor DUI.

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Sexual assault

At this point your son needs to immediately seek legal counsel - and he needs to not speak to anyone about these allegations, including his friends or even his close family. He is in serious legal jeopardy and needs to be represented immediately.

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Gross misdemeanor

Generally speaking, since the two are handled in different courts, the prosecutor would have to first dismiss the charges from district court and refile it in Superior court, but yes, the short answer is that if the facts warrant it - a prosecutor CAN amend up.

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I received my first dui charge in by mail in 7/09 for the incident that happened in 2/09.

There is no such thing as a "wet" reckless in Washington. ANY DUI charge amended to a Reckless Driving counts as a prior. That means your NEW DUI is a 2nd offense where you could be facing mandatory MINIMUMS of 30 days in jail or more. Whether you would qualify for a deferred prosecution depends on if you have a serious alcohol problem that needs treatment. That being said - you need to consult a DUI attorney immediately. Feel free to contact my office for your FREE CONSULTATION...

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