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Aaron S Kiviat
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Aaron Kiviat’s Answers

6 total

  • Under WA state criminal code what is the penalty for insurance fraud

    Under Washington State Criminal Code, what is the penalty for a 1st offense "insurance fraud" (my terms) of 2800.00 with no criminal record in WA?

    Aaron’s Answer

    The possible penalties associated with insurance fruad will depend heavily on the facts of your case. If you are being charged with "Traffiking in Insurance Fruad," which is likely, then RCW 48.30A.015 would apply. In such a case, the first count is punishable as a gross misdemeanor (from 1-365 days in jail and/or a 0-$5000 fine). Any additional concurent or subsequent counts could each be charged as C Felonies, which are punishable by up to 5 years in jail and/or a $10,000 fine, but which would be subject to the Sentencing Guidlines as set forth in the Sentencing Reform Act. Either way, in order to have a comprehensinve understanding of your exposure, you should consult with a knowledgeable defense attorney.

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  • I am ilegal and just got a court citation for assault 4th degree and maliciuos mischief 3,what;s the consequence

    i am ilegal and just got a court citation for assault 4th degree and maliciuos mischief 3,what;s the consequence?

    Aaron’s Answer

    Assualt in the 4th Degree is gross misdemeanors and is punishable by up to a year in jail and/or up to a $5000 fine. As to Maliscious Mischeif, if the property in question revieved over fifty dollars in damage, then the above punishments would also apply. If the damage was in an amount equal to or less than fifty dollars, than it would be a simple misdemeanor and therefore punishable by up to 90 days in jail and/or a $1000 fine. As to your immigration issues, if you were convicted of either of these charges, you may be subject to deportation if the crimes were determined to be "crimes of moral terpitude." You should consult with an immigration attorney on that issue to determine what would be the best course of action in your case.

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  • Arrest record

    How long Does a record of arrest for a traffic violation with DUI remain on ones record?

    Aaron’s Answer

    In an effort to expand on the previous answer, it seems that the question was how long does a record of ARREST stay on ones record. An arrest alone does not constitute a criminal record. A criminal record would occur only after a finding of guilty after trial or a plea to a criminal offense.

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  • Theft

    i just asked a question regarding the stolen merchandise i also wanted to ask this question...i didnt get processed by a cop i didnt get booked or finger printed or anything all i got was a ticket that said i had to go to court so does this go on ...

    Aaron’s Answer

    In Washington State there is no requirement that you actually be booked or even arrested in order for the State to charge you with a crime. Often times, like in your case, the first indication a defendant has that he is being charged with a crime comes in the form of a summons from the court with a notice for arraignment. It appears that this is what happened in your case. As to your question of whether this will go on your record for life, that will really depend on what happens in your case. You should contact an attorney to formulate a proper defense. Please follow this link for more information: www.glblaw.com

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  • DUI summons

    What happens if I don't show up in after being getting a DUI summons?

    Aaron’s Answer

    If you fail to appear for a scheduled court date the judge will have the option to issue what is called a "bench warrant" for your arrest. You can determine if a warrant has been issued by calling the court clerk of that particular court and asking them to check. If one has been issued, you have a couple of options. You can set a motion to "quash" the warrant, which means you can ask the judge remove it and set a new court date for you (which is up to the judge's discretion) or you can either post the entire amount of bail or have a bondsman post a bond, for which you will generally have to pay a 10% fee.

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  • MIP arrest

    Can I really get an MIP when I'm just hanging out with a friend who has a beer? I wasn't holding any alcohol and hadn't been drinking - it was just the one beer my friend was holding.

    Aaron’s Answer

    It IS possible to be convicted of MIP in Washington State even if you are not actually holding an alcoholic beverage at the time of your arrest. However, the State must prove beyond a reasonable doubt that you either had constructive possession of that beer, or that you exhibit signs of having recently consumed an alcoholic beverage. Therefore, in the situation described here, the State may be able to show that you also possessed the beer your friend was holding if you were in close proximity to the beer at the time of arrest, ie. you were in the same vehicle or room with him.

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