Skip to main content
Lance Rodman Fryrear
Avvo
Pro

Lance Fryrear’s Answers

53 total

  • My boyfriend is charged with 4th Degree DV Assault. He goes to first court tomorrow. What will happen?

    He has prior deferred prosecution for assault and was told not to get into trouble for 12 months.

    Lance’s Answer

    A first court date is called an arraignment. At arraignment the judge will take a plea of not guilty and possibly set conditions of release which could include bail and a no-contact order. If you wish to avoid a no-contact order, you may wish to be present for the arraignment to tell the court your wishes. I assume your boyfriend is on some sort of stay of proceedings or diversion agreement on the prior case. These are common in Everett Municipal Court, for example. If so, the court may end up revoking the agreement and putting your boyfriend in jail. Clearly your boyfriend needs a good domestic violence attorney representing him on these matters.

    You can find more information on DV Assault cases by following the link below.

    See question 
  • I was charged with assault 4 DV, Dv charge was dropped, can I get a concealed permit with the assault 4 on my record?

    I was charged with assault IV DV. The Dv was dropped and I pled guilty to assault IV. Does this stop me from getting my permit to carry concealed? as i read RCW, it says assault IV where domestic violence has occured, does it have to be convicte...

    Lance’s Answer

    You should not lose your firearm rights if you domestic violence tag was dropped as part of the plea deal. You should double check with the court, however, to make sure that is how the charge was reported to the Washington State Patrol. You can also check your official WSP record here: http://www.wsp.wa.gov/crime/crimhist.htm

    Hope that helps.

    See question 
  • Lewd conduct

    what is the penalty for lew conduct in the state of washington

    Lance’s Answer

    The State does not really have a crime defined called "Lewd Conduct", although some cities do have their own ordinances. Port Orchard and Everett are a cities that have a crime entitled "Lewd Conduct." For the most part, Lewd Conduct crimes are misdemeanors, although some are Gross Misdemeanors. If you are charged with Indecent Exposure, or the like, the penalties can be more severe. You should contact a Washington State Sex Crimes Attorney for more information.

    You can find more information on Washington Sex Crimes Below.

    See question 
  • Assault 4, simple assault

    A guy "Bob" I dated over a year ago and I both hang out at the same pub some weekends, we live in a small town. When I see Bob; he comes up to me and makes rude comments. I usually walk away and ignore him. I have heard of many false accusations a...

    Lance’s Answer

    It sounds like your case must have happened within the city limits of a jurisdiction like Monroe or another incorporated city. That is the only way you would be going to court so fast in Snohomish County. I assume you are charged with Domestic Violence Assault as you dated "Bob" in the past. Assault IV - DV carries a maximum penalty of a $5000 fine and one year in jail. If you have an arraignment on Monday, the court will take your not guilty plea and set conditions of release, possible including a no-contact order. It is important to try and avoid that order so "Bob" will not have the power to get you arrested again. You should contact a qualified domestic violence defense attorney as soon as possible.

    I have included a link to domestic violence related assault material below.

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

    My Wife went to a police station and filed a report and asked the officer not to press any charges against me , but the public prosecutors decided to press charges against me . She email the judge , the prosecutor handing case on basis of her rep...

    Lance’s Answer

    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 to get an experienced domestic violence attorney on your side as soon as possible. The good news is that there are many options in a City of Redmond matter that can lead to your case being dismissed. As a non-citizen, it is extremely important that any disposition you enter is "immigration safe." I agree with the other answers here, you need to find an attorney as soon as possible.

    You can check out the link below for more information on Washington domestic violence defense.

    See question 
  • Where should i go for my alcohol evaluation?

    I got a dui and i heard some of the places that administer these evaluations are more or less likely to recommend treatment than others and i would like to avoid as much of that as possible.

    Lance’s Answer

    I routinely refer my clients to ATA in Mountlake Terrace, 425-289-1600 or Insight and Perspectives in Everett, 425-252-1779. I have found that both give very fair evaluations and are likely the type of places you are looking for.

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

    I have an Assault 4 charge from a few years ago I want to get taken off my record, but I just got charged with DUI. If I do a deferred prosecution on the DUI will I still be able to get the old charge off my record once the deferred prosecution is...

    Lance’s Answer

    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 link to their instructions for clearing your record in their court below. I have also included a link to the RCW.

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

    stoles goods from QFC valued at $65.98. Now they say I must pay $615.98, or make monthly payments. First time shoplifter, no police were there. Do they have access to how much money I make,or where I work from my drivers liscense? What is the ful...

    Lance’s Answer

    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 dismissed under Washington's Compromise of Misdemeanor Statute. RCW 10.22.020. That statute states that:

    "In such case (like a shoplifting case), if the party injured appear in the court in which the cause is pending at any time before the final judgment therein, and acknowledge, in writing, that he or she has received satisfaction for the injury, the court may, in its discretion, on payment of the costs incurred, order all proceedings to be discontinued and the defendant to be discharged. The reasons for making the order must be set forth therein and entered in the minutes. Such order is a bar to another prosecution for the same offense."

    What this basically means, is that if you get a release from QFC that you have paid their damages, you can ask the judge to dismiss your case. It is best to handle this through an attorney however. If the matter is handled properly, you may be able to keep the shoplifting off of your record.

    See question 
  • I am being charged with three different assaults two from same person what i"am i looking at for jail time

    she's saying i strangle her

    Lance’s Answer

    Whether you are looking at jail time, and the amount, depends on whether you are being charged with felony or misdemeanor assaults. A misdemeanor assault has a maximum penalty of one year in jail. If you are being charged with strangulation, that would be a felony assault charge known as Assault in the Second Degree, a Class B Felony. Here is the link: http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.36.021 .

    In that case, the maximum penalty would be ten years in jail and a $20,000 fine. The actual penalty, if convicted, would be based upon your prior criminal history and the other current charges you are facing. Strangulation cases can be tough for the State to prove, so it is best to contact a criminal defense attorney at once.

    See question 
  • Washington State speeding ticket deferal question

    I received 2 speeding tickets within a week of eachother. One has set a court date for December and the other has already offered me a deferal since I had not had any violations in 12 yrs. My concern is the deferal offer if from 10/25/10 for 1 yr....

    Lance’s Answer

    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.

    See question