Andrew C Huff’s Answers

Absolutely it can. It is solely up to the prosecuting attorney what or even to charge you. Many times, a lower level, first offense felony can actually be charged as a misdemeanor to give you a bit of a break. This happens quite a bit for first offense felony theft cases with a low dollar amount. I would contact a competent, experienced criminal defense attorney right away and not discuss your case with anyone except an attoney at this point.

I admit that is a very strange statement to make by a police officer. What was the context of these statements? Obviously, there are different degrees of the crime of assault in Washington. Assault 4th Degree is the only one that is a misdemeanor (not counting attempt crimes). I highly doubt this is some sort of police policy for Renton because for one, they would put themselves in serious liability if they only recognized and enforced one type of assault crime. I have represented people...

You need to immediately contact the court that issued the warrant. Most courts have a specific hearing or calender for the purposes of appearing and requesting the bench warrant be quashed. Sometimes you can just walk in and other times you have to sign up for these hearings. If you were represented by an attorney, contact them immediately. If not, you should retain one. You could face some additional conditions of release such as bail.

It is certainly positive to your case that you were just under the legal limit but as you found out the prosecutor can still charge you with a DUI even if you are under the limit. I have represented individuals with a breath test as low as .05 in the past. However, it is a bit more difficult because they don't have a per se breath test to use against you, so they must rely on any other evidence they might have. Your license should not be suspended unless it is for some other reason, so you...

This certainly can be a serious issue when you are on a deferred prosecution because total abstinence is one of the conditions. If your interlock company does report the result to probation, the court will normally set a probation/review hearing to address the matter. If you deny the positive UA, the court can request evidence be presented, usually in the form of documents or testimony supporting the UA. You would also have an opportunity to contest the charge as well. The Court will then...

If i understand your question correctly, it is the court imposing the ignition interlock, probably as a condition of your release while your case is pending? If so, there is no mandatory consequences for driving without one, but you could face sanctions from the court. If you sell your car and don't intend to drive, then you need not have one. But if you have one as part of a restricted license, such as an ignition interlock license, then you do face mandatory penalties, such as further...

Once you file an alcohol assessment with the court regarding a case and it is accepted by the court, you must abide by those terms or risk sanctions for non-compliance. However, if you disagree with parts of the evaluation, you can always go back and request to either file a new evaluation or amend the terms of the current one. To be successful, you will need to have an expert, such as a counselor, to provide testimony supporting your request. You should speak directly with your attorney...

The answer to your question is no, the judges in the Burien court or any other court I have appeared in do not grant good time credits towards a sentence for serving house arrest. The only way it could happen is for a judge to specifically order it, but again it is very unlikely.

My colleagues are correct in that there are various dispositions to criminal cases and even those that eventually lead to a complete dismissal can still show up on a criminal background check. A matter that was dismissed might not appear on your criminal history but anytime you are charged with a crime, there is a record of it , even beyond the courthouse. It's primarily due to the Information age we live in and if someone is conducting a routine background check, your charging information...

Fortunately, you will not be facing a felony DUI due to your history as you have explained it. The felony DUI law makes it a felony when you have four prior ones during the last 10 years. So it will be charged as a gross misdemeanor. I can also tell you that a prosecutor will not be in any mood to negotiate a reduction due to your history unless the evidence is extremely poor. Also, if you have not been arraigned for the charge yet, the judge most liklely will impose some strict conditions...