Aaron A Pelley’s Answers

Aaron A Pelley

Seattle Criminal Defense Attorney.

Contributor Level 13
  1. WA state criminal procedure, code, laws regarding trespass

    Answered almost 6 years ago.

    1. Aaron A Pelley
    1 lawyer answer

    Below are the statutes that govern criminal trespass. RCW 9A.52.070 Criminal trespass in the first degree. (1) A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a building. (2) Criminal trespass in the first degree is a gross misdemeanor. RCW 9A.52.080 Criminal trespass in the second degree. (1) A person is guilty of criminal trespass in the second degree if he knowingly enters or remains unlawfully in or upon premises of...

    3 lawyers agreed with this answer

    10 people marked this answer as helpful

  2. Maximum jail time for misdemeanor assault, fourth degree, with no prior convictions WA state criminal code

    Answered almost 6 years ago.

    1. Aaron A Pelley
    2. Thuong-Tri Nguyen
    3 lawyer answers

    The maximum you could serve is one year in jail and/or a $5000 fine. However, with no criminal history, it is unlikely that you are facing the maximum. Usually, the lawyer handling your case can give you a better sense of what your particular judge will sentence. Since the judge has discretion, the sentences vary from court to court.

    2 lawyers agreed with this answer

    8 people marked this answer as helpful

  3. What is

    Answered over 6 years ago.

    1. Sharon Elizabeth Chirichillo
    2. Aaron A Pelley
    2 lawyer answers

    Knapstad is a pretrial motion to dismiss for insufficient evidence. This motion hearing is named after the case State v. Knapstad. If the attorney can show that there are no material disputed facts and that the facts do not establish a prima facie case, as a matter of law, the Judge may dismiss the case. If the Prosecutor denies or disputes certain facts the motion may be defeated. “...a trial court may dismiss if the State’s pleadings including any bill of particulars, are insufficient to...

    3 lawyers agreed with this answer

    5 people marked this answer as helpful

  4. Grand jury

    Answered over 6 years ago.

    1. Aaron A Pelley
    2. Okorie Okorocha
    3. John Thomas Floyd III
    4. Sharon Elizabeth Chirichillo
    5. Alexander Thomas Henderson
    6. ···
    7 lawyer answers

    The American Bar Association: "The Fifth Amendment to the U.S. Constitution requires a grand jury indictment for federal criminal charges. Only about half the states now use grand juries."

    4 lawyers agreed with this answer

    2 people marked this answer as helpful

  5. Denial of public housing due to criminal record

    Answered over 6 years ago.

    1. Aaron A Pelley
    1 lawyer answer

    Generally speaking, in determining eligibility for public housing, including Section 8 housing and other forms of federally assisted housing, federal law gives local public housing agencies liberal discretion to deny housing to individuals with criminal backgrounds. (Housing Opportunity Program Extension Act - P.L. 104-120). Landlords are allowed to screen and deny housing to someone based on a past criminal conviction if the crime was physical or violent nature against either person or...

    2 lawyers agreed with this answer

    5 people marked this answer as helpful

  6. Jail in KC

    Answered over 6 years ago.

    1. Aaron A Pelley
    2. Alexander Thomas Henderson
    2 lawyer answers

    Yes. In Washington a person has the opportunity to earn a reduction in their sentence for good behavior. See RCW 9.92.151. A person can reduce their sentence by 1/3 (except for those convicted of Class A Felony Sex Offense).

    3 lawyers agreed with this answer

    3 people marked this answer as helpful

  7. Shoplifting at target store

    Answered over 6 years ago.

    1. Aaron A Pelley
    1 lawyer answer

    Some courts will accept a "Compromise of Misdemeanor" as a way to have the case dismissed. A Compromise of Misdemeanor requires the person injured by the act constituting the offense has a remedy by a civil action. First, your attorney must convince the store to accept the Compromise of Misdemeanor. This is usually a negotiation for payment for the items stolen and employee time lost on investigating and holding you for the theft. Some stores flatly deny a Compromise of Misdemeanor. If you can...

    3 lawyers agreed with this answer

    3 people marked this answer as helpful

  8. Smoke bombs

    Answered over 6 years ago.

    1. Aaron A Pelley
    2. Sharon Elizabeth Chirichillo
    3. John Thomas Floyd III
    3 lawyer answers

    "Although certain types of fireworks are legal in some states, all fireworks are potentially dangerous because of their composition and unpredictability. Homemade fireworks can pose a particular risk for injury because of the lack of knowledge and experience of persons preparing these materials. CDC and CPSC recommend that fireworks be manufactured and handled only by professionals. Additional information regarding the hazards posed by fireworks and state and federal regulations that govern...

    3 lawyers agreed with this answer

    2 people marked this answer as helpful

  9. Cell phone and drive

    Answered over 6 years ago.

    1. Aaron A Pelley
    2. Jon Michael Zimmerman
    2 lawyer answers

    In the beginning of 2008 Washington has joined New York, New Jersey, the District of Columbia, Connecticut and California in outlawing the practice of speaking on a hand-held cell phone while driving. Exempts drivers of emergency vehicles and tow trucks, drivers who have hearing aids and drivers reporting emergencies or illegal activities. In May 2007 Washington was the first state to ban the practice of texting while driving; New Jersey passed a similar law soon after. The fine for driving...

    2 lawyers agreed with this answer

    4 people marked this answer as helpful

  10. Three strikes

    Answered over 6 years ago.

    1. Aaron A Pelley
    2. Robert S. McKay
    3. Okorie Okorocha
    3 lawyer answers

    Washington was the first state to pass a “three strikes and you’re out” law. Washington has both a “three strikes” law and “two strikes” law. Each law depends on a specific list of crimes for which a conviction may result in a mandatory sentence of life without the possibility of parole.

    3 lawyers agreed with this answer

    2 people marked this answer as helpful