Aaron A Pelley's Answers

WA state criminal procedure, code, laws regarding trespass

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...

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

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.

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Denial of public housing due to criminal record

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...

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Cell phone and drive

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...

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Procedure in WA state to expunge vacate misdemeanor assault DV charge

In Washington, we use the term "vacation of conviction" when describing the removal of criminal records for the purposes of employment and housing. You can review the legal guide, below, for how the steps on how to vacate a misdemeanor fourth degree assault that has a domestic violence classification.

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Is it possible to have a felony removed from your record?

You might be able to have the Felony removed from your record. First, it is helpful to know what the Class of Felony was (Class A, B, or C). The clock starts from the point when you completed all the conditions required by the court and obtained a Certificate of Discharge. For more information view the links below.

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What is

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...

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How long will a negligent driving charge stay on a criminal record?

It will not drop off your record automatically. And, no, it does not stay on forever, like DUI. However, in order to have it removed from your record, you need to take certain actions. The first is to complete all the terms and conditions of your sentence (fines, community service, etc.). From this point, the clock starts. You can learn more about the procedures and requirement by viewing the link on Vacation of Misdemeanor Convictions.

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How long until DUI comes off my record?

In Washington State the conviction will not be removed from your record after a certain amount of time. Nor can a DUI be removed from your record by vacating the record.

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Misdemeanor

Misdemeanors can carry a sentence of up to 90 days in jail and/or a $1000 fine. See RCW 9A.020.021(3). Certain misdemeanor's carry a mandatory minimum sentence.

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