Michael F. Morgan’s Answers

Michael F. Morgan

Seattle Criminal Defense Attorney.

Contributor Level 12
  1. Can you get an "soc" if being charged with 4th dui

    Answered over 2 years ago.

    1. Michael F. Morgan
    2. James J White
    3. Derek Michael Smith
    3 lawyer answers

    There is no statutory authority for Stipulated Orders of Continuance (SOC) so there is no statutory prohibition against an SOC even with a fourth DUI charge. Some judges, however, don't authorize SOCs and some judges don't authorize SOCs on DUIs. Whether you will get an SOC depends on a lot of facts not referenced in your question--such as what court are you being chargd out of? Are there any evidentiary issues with your case such as with the traffic stop or the breath test? Did you take a...

    5 lawyers agreed with this answer

  2. How can I help a friend get out of jail sooner? sentenced to 6mos, for probation violation and an additional theft 3 charge?

    Answered 4 months ago.

    1. Michael F. Morgan
    2. Kenan Lee Isitt
    3. Robert Jason De Groot
    3 lawyer answers

    In respect to the question about consecutive time versus concurrent time, theft 3 is a gross misdemeanor and sentences do not presumably run concurrently on gross misdemeanors. In respect to the defendant not receiving notice of his court dates, while on probation the defendant was obligated to inform the court and probation of his current address--if the defendant did provide the updated address but the notice was sent by mistake to the old address their may be an issue. Based on what you are...

    4 lawyers agreed with this answer

  3. I was arrested for DV but was not convicted. How does this effect any background checks done on me.

    Answered about 1 year ago.

    1. Vitaliy Kertchen
    2. Michael F. Morgan
    3. Aaron Lukoff
    3 lawyer answers

    The backgroud check conducted by the Washington State Patrol shows both arrests and convictions. You can obtain a application on-line from the Washington State Patrol to delete non-conviction data from your record.

    4 lawyers agreed with this answer

  4. Boyfriend got a DUI several years ago. He can't work because of it judge wants to put him in jail?

    Answered over 1 year ago.

    1. Michael F. Morgan
    2. Nadine L. Bertman
    3. Cristine Beckwith
    4. Aaron Lukoff
    4 lawyer answers

    ADATSA will pay for alcohol treatment if a person is truly needy and needs treatment--so the judge may believe he can get treatment without a job or the judge may think without treatment your boyfriend is not safe to be in the community.

    4 lawyers agreed with this answer

  5. Caught shoplifting. Store used retail price not actual?

    Answered almost 2 years ago.

    1. Michael F. Morgan
    2. Hriste Stojanovski
    3. Benjamin J Lieberman
    4. Mark M Cheser
    4 lawyer answers

    There is no legal requirement for a store to call or not call the police based on the amount of loss involved--just that there was a loss. I assume the property was recovered so restitution is not an issue and the amount in controvery is still below the felony level so I don't see any harm in pointing this out but I don't think this is a major concern.

    4 lawyers agreed with this answer

  6. If you want to file a CrRLJ 7.8 in a municipal criminal judgment do you file in the trial court? Or because its

    Answered about 2 years ago.

    1. Michael F. Morgan
    2. Patrick James Feldman
    2 lawyer answers

    CrRLJ 7.8 motions are filed in the trial court. The RALJ rules govern the process to file an appeal from the Municipal Court to the Superior Court.

    4 lawyers agreed with this answer

  7. What does it mean when a dwls3 charge has bail forfeiture and closed on it?

    Answered about 2 years ago.

    1. Michael F. Morgan
    2. Andrew C Huff
    2 lawyer answers

    A bail forfeiture is a civil adjudication that under the law and through Judicial Information Systems (JIS) has to be paid in full at the time the court authorizes the forfeiture. There are courts that do, but should not, allow forfeitures to be paid over time--and if someone does not pay the forfeiture it theoretically can't go to collections since JIS does not identify this as a legal financial obligation that can go to collections. Although not a criminal conviction, the Department of...

    4 lawyers agreed with this answer

  8. How Much Of Someone's Past Can Be Admitted?

    Answered about 2 years ago.

    1. Michael F. Morgan
    2. Lennard Anthony Nahajski
    3. Kris R. Jensen
    4. Jennifer Vickers Freeman
    4 lawyer answers

    There is an evidence rule (ER 404(b)) and a variety of cases that set some parameters for what is and is not admissible in your hypothetical. Without knowing the underlying (alleged) facts for the crime and the underlying facts about your past it is impossible to adequately answer your question.

    4 lawyers agreed with this answer

  9. How to resolve 6 year old bench warrant?

    Answered about 2 years ago.

    1. Michael F. Morgan
    2. Scott Weymouth Lawrence
    3. Adrian Martinez Madrone
    3 lawyer answers

    I assume SOL is meant to be an acronym for Statute of Limitations. The SOL is for the filing of charges not for whether you are time barred from being prosecuted after charges have been filed. Bench warrants normally expire and then the court reissues the warrant. You can either post bail for the amount of the warrant at which time you will be given another court date or you can go the court the warrant is issued out of and seek to have the warrant quashed. If you proceed by means of a...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. How to Seal or Expunge my record.

    Answered over 2 years ago.

    1. Michael F. Morgan
    2. Derek Michael Smith
    3. Scott Weymouth Lawrence
    4. James J White
    4 lawyer answers

    This sounds like your case may have been resolved as a bail forfeiture--which is not a criminal conviction but will appear on certain background checks as a civil adjudication. You may be able to get the arrest record removed from your record through an application with the Washington State Patrol. I think more details are needed to give a better answer to your question.

    Selected as best answer