Lance Rodman Fryrear's Answers

Domestic violence, fourth 4th degree assault in WA state, DUI WA state, WA criminal law possible punishment

Your chances on the Assault 4th Degree charge vary greatly depending on what court you are in, what you are ACTUALLY accused of doing (pushing, hitting, etc), what the attitude of the alleged victim is now, and what your prior record is for that type of offense. For the DUI charge, your chances depend on the level of your breath test, when you took the breath test (many breath tests are being thrown out now in Washington state) and what your prior record is like. One case will likely have...

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Should I pay demand letter from Neal C. Tenen? How did they come up with the $615 fine?

Neal C. Tenen is a lawyer that represents many shopkeepers in recovering damages under the Washington State shopkeepers statute. The amount QFC is requesting has nothing to do with what you make, but instead is usually a set amount on top of the value of the stolen merchandise. The good news is that if you, or your attorney, handle the matter correctly, oftentimes you can obtain a civil release from the store, through Mr. Tenen, that you can later use to attempt to get the charges...

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Procedure for pursuing a WA state restraining order, motion/declaration for ex parte restraining order in WA courts

Your granddaughter would have to go into a local district court and request an anti-harassment order petition. She would need to fill out the petition and allege truthful facts that set out how she was being unlawfully harassed. RCW 10.14.020 defines unlawful harassment as: “A knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, harasses or is detrimental to such person and which serves no legitimate or lawful purpose. The course of conduct...

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Deferred DUI Prosecution in Washington with a refusal?

I just gave a Continuing Legal Education course on this subject last Friday. If you do a deferred prosecution, the DOL will NOT stay a suspension for your refusal. You need to actually beat the licensing hearing to avoid the suspension. If you do get suspended, you can apply for an Ignition Interlock License to drive during a period of suspension. You will need SR-22 insurance for the Ignition Interlock License. If you have any further questions, you can give my office a call.

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Can I get an old charge cleared from my record if I have done a deferred prosecution on a DUI since then?

In many cases the answer to this question is yes. If the Assault 4 charge was not a domestic violence charge, and you have no other convictions or pending charges at the time you are asking the court to clear your Assault 4 charge, you would likely qualify under the relevant statute, RCW 9.96.060. You would not qualify, however, until you successfully completed the deferred prosecution and had the DUI dismissed. (This takes 5 years) If your Assault charge was in Seattle, you can find the...

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Right to speedy trial under WA state criminal procedure

I agree the correct question here is not speedy trial, but instead the statute of limitations. I read this is likely being a one year statute of limitations, however. RCW 9A.04.080 limits simple misdemeanor actions to one year after the offense date. Possession of Drug Paraphernalia is a simple misdemeanor under RCW 69.50.412 - so you may have a statute of limitations issue. As an ex-prosecutor, however, I find it unlikely that they have blown the statute of limitations. You can ask your...

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Theft 2nd Class C felony

RCW 9.94a.637 controls how a Certificate and Order of Discharge is issued. Because you were not under community supervision, you are required to petition the Court for a Certificate of Discharge. RCW 9.94a.637(1)(c) states: "(c) When an offender who is subject to requirements of the sentence in addition to the payment of legal financial obligations either is not subject to supervision by the department or does not complete the requirements while under supervision of the department,...

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

From your question it sounds like you have been charged with Assault IV - Domestic Violence. If the alleged incident happened in the City of Redmond, the case will be prosecuted by the City of Redmond Prosecutor's Office. There are two main prosecutors for the City of Redmond. I have found them to be fair and would likely be interested in hearing about her claims of making a false report. Still, many prosectors expect the alleged victims to change their stories over time. It is important...

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Washington State speeding ticket deferal question

Every court is different, but the short answer is no. The second ticket cannot violate the terms of the deferred, because the complained of conduct will have already occurred prior to the deferral being entered.

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Statute of Limitations Arrest

In Washington State there is a 2 year statute of limitations on a misdemeanor and a 3 year limitation on most felonies. More serious felonies like rape and murder have longer limitation periods. If you have a specific situation you are worried about you can contact any WA defense attorney for a quick answer.

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