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Andrew C Huff

Andrew Huff’s Answers

311 total


  • If a person is in your face screaming and cussing and wont back up when asked is it legal to push them away from you?

    I confronted a man for smoking meth in my house and he got extremely angry and aggressive with me. Got in my face screaming and cussing. I told him several times to get out of my face and he refused so I pushed him and now I am facing legal probl...

    Andrew’s Answer

    You are allowed to use reasonable force when your life/safety is placed in danger but no more than is reasonable or necessary. The amount of force really depends on the situation and the circumstances. For example, you obviously cannot use a weapon unless you have a reasonable immediate fear for your life or the life of others. In your situation, you are in your own home with a man smoking meth in your home who is getting in your face. It sounds like you tried to use words but it didn't work. In my opinion, pushing him out of your house in that situation certainly sounds both reasonable and lawful to me.

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  • CONSENT TO SEARCH / UNLAWFUL ENTRY

    I was wondering if you could help me with some case laws that are more towards the issues of these directly. The defendant was already in custody. Detective went to a 3rd party location to look for evidence of a crime he was just found not guilty ...

    Andrew’s Answer

    So it sounds as if police went to find more evidence at another location after the defendant had been charged and entered a Not Guilty plea. If police are seeking to enter a residence for the purposes of searching for additional evidence, they do need a search warrant. However, you seem to be saying that rather than a warrant, police obtained permission from the owner to search the residence using questionable tactics to obtain permission. One of the issues is did the police advise the owner of "Ferrier Warnings" which notify the owner of their rights regarding a warrantless search. But regardless, police cannot threaten a person and/or their kids to gain access to any private area.

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  • Will I be drug tested at my pretrial hearing?

    This is my first criminal offense (DUI for opiates/morphine) and already had my arraignment. Will I be drug tested at my court date? Like will the police possibly take me to the hospital to get blood taken like when I was arrested? Or do you norm...

    Andrew’s Answer

    • Selected as best answer

    Prior to being charged, a police officer is only authorized to draw and have your blood tested for alcohol and drugs per judicial warrant unless you are involved in certain felony cases such as vehicular homicide. However, since you have been charged, the court does have great authority to impose what are called "conditions of release" while your case is pending. This includes bail, abstain, etc. but can also include testing your blood/urine for substances. But for a first offense DUI, most judges will not require drug/alcohol testing but it is possible depending on the case and the judge.
    You will have to obtain an alcohol/drug evaluation as part of your case and many treatment agencies who provide evaluations will test you. Also, once your case is resolved, it is possible to be tested by probation but usually if the court has reason to believe you might re-offend.
    And it is hard to say how your case will be resolved. It largely depends on the facts, the breath/blood test level, your attorney, etc.
    Happy to help!

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  • Is it a case if someone spends time in jail and there is no police report or probable cause?

    the judge said there was no report or probable cause.

    Andrew’s Answer

    A police officer can arrest you and hold you up to 72 hours before you are required to appear before a judge or magistrate to determine if probable cause exists. However, if a judge determines that no probable cause exists, you must be released. I think you are asking if you might have a claim if no probable cause existed when you were arrested. It really depends on the case and if the officer was acting on information or observed a crime being committed. If you believe you were wrongly arrested or improperly held, you could have a civil rights claim and should speak with an attorney who works in that area.

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  • Residential DOSA..I plead guilty to a 1 year and 1 day sentence on July 27th, 2013. Im about to be revoked..what happens?

    July 27, 2013 I accepted the DOSA sentence with 1 year and 1 day over my head. I have heard while you are on the streets your DOSA time is running. So if I were to get revoked would I just go through the revocation process and be cutmloose?..Or is...

    Andrew’s Answer

    If you violate the terms of DOSA or are simply are not making satisfactory progress in treatment, the court may order you to serve jail time within the standard range of the current offense, or other sanctions available to them as well.

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  • How do I petition the court for early release from probation?

    In relation to D.U.I

    Andrew’s Answer

    The first step you need to take is to make sure all the conditions of your probation have been completed. This includes any financial obligations, treatment and/or classes, community service, etc. Essentially, any specific requirements ordered by the court at the time of sentencing must be completed before the court will even consider your request. Assuming these requirements have been completed, you need to contact your attorney and discuss this with him/her. Procedurally, your request would be filed with the court with the intent of being considered by the judge. Most likely, the prosecuting attorney's office would weigh in on your request as well.

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  • Dv4 warrant

    How can I know what im up against before coming to wa for active warrant since 2008. I have two small children I need to know if there will be any fines or jail time I cannot afford that but I need this behind me and the best interests of my child...

    Andrew’s Answer

    The first step you need to take is to retain an attorney to contact the court and essentially lay the groundwork for you to get this warrant quashed. The court will most likely quash the warrant but could place some restrictions on your release, such as bail. First, is your warrant based on a pending/active case or a matter that has been resolved but you are still on probation? This could make a big difference. Assuming you have a pending case, your attorney then needs to begin work and try to resolve the matter with as little impact to you as possible. Courts take domestic violence cases very seriously but the prosecutor still needs to meet their burden of proof, which can be tough after a long period of time has passed. I routinely handle domestic violence matters along with other misdemeanors and am happy to help.

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  • I got a withheld judgment on my DUI in Idaho. It got dismissed after probation but Washington is suspending my license.

    I live in Idaho now but got the DUI with my WA license. I found out WA suspended my license as well. They are requiring me to get the SR22 insurance even if I don't need it in Idaho since it got dismissed. I called customer service in WA and asked...

    Andrew’s Answer

    Your situation is all too common primarily because other states will honor another state's license action on a driver, even when they move. In other words, if your Washington license is suspended by DOL and you move to another state, the majority of the time the second state will also suspend your new license for the suspension period. In your case, you need to check if your Washington license was suspended by DOL administratively or as a result of a conviction. If the suspension was based on being convicted, then providing Washington with a certified copy of the dismissal order might help. However, if your license was suspended for other reasons, such as having a breath test over a .08, then you might be out of luck and would need to comply with the requirements. I'm assuming Idaho will not issue you a license due to the Washington suspension?

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  • Can Arizona government find record if i get parking tickets in seattle?

    I currently have British Columbia (canada) plate on my car. i have got several parking tickets fined by seattle. however, im planning to go arizona for university and im thinking to get a plate there. so my question is, can arizona find my parking...

    Andrew’s Answer

    The short answer is yes, Arizona could always access information about your parking tickets if they choose to because there is a record of it. However, Seattle typically sends delinquent tickets to a collection agency, which you need to deal with after default, which actually has an office in the courthouse. And beware that delinquent tickets get more expensive due to late fees and costs. However, in my experience other out-of-state jurisdictions do not get involved in defaulted parking tickets unless it effects your license status.

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  • I am 23 years old man Got in trouble first time for residential burglary@thieve 3 What sentence can I get for it?

    I am with my friends got in someones appartment. We took a small safe.We didnt open it.Safe was return back

    Andrew’s Answer

    Residential burglary is a Class B felony with maximum jail time up to 10 years, although it is extremely rare for first-time offenders to receive the maximum punishment. Your sentencing range for a first-time offender is therefore 3 to 9 months in jail. In addition, the judge would also impose fines and costs.

    As far as the theft 3rd degree charge, this is a gross misdemeanor with a possible maximum punishment of 364 days in the county jail and a $5,000.00 fine. Usually when a misdemeanor is added to a felony, for sentencing purposes, any time served on the misdemeanor will be added to the time given for the felony. However, in a plea agreement situation, it's common for misdemeanors to fall away and get dismissed if the felony is pled to. Another outcome could be that you have to plead guilty to the misdemeanor for conviction purposes only, and you would get no additional jail time.

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