Aaron S Kiviat’s Answers

Aaron S Kiviat

Seattle Criminal Defense Attorney.

Contributor Level 7
  1. MIP arrest

    Answered almost 7 years ago.

    1. Douglas R. Hyldahl
    2. Aaron S Kiviat
    3. Nicholas William Juhl
    4. Okorie Okorocha
    4 lawyer answers

    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...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Arrest record

    Answered over 6 years ago.

    1. Kurt Edward Boehl
    2. Aaron S Kiviat
    3. Nathan L Webb
    3 lawyer answers

    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.

    2 lawyers agreed with this answer

  3. DUI summons

    Answered over 6 years ago.

    1. Michael P Sheehy
    2. Aaron S Kiviat
    3. Nicholas William Juhl
    4. Jonathan Dichter
    5. Okorie Okorocha
    5 lawyer answers

    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...

    2 lawyers agreed with this answer

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

    Answered over 5 years ago.

    1. Aaron S Kiviat
    1 lawyer 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...

    1 person marked this answer as helpful

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

    Answered over 5 years ago.

    1. Aaron S Kiviat
    2. Nicole Terece Dalton
    3. Gurjit S Pandher
    3 lawyer answers

    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...

  6. Theft

    Answered over 6 years ago.

    1. Aaron S Kiviat
    2. Okorie Okorocha
    3. Jonathan Burton Blecher
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

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