Can you change your lawyer when you are in prison?
Interesting you should ask. In State v. Hampton, the WA Supreme Court answered this very question. In Hampton, the issue was whether the defendant could change counsel right before going to trial. The Court said "No." I've attached a link to my blog-post which discusses the case. Your case is different than Hampton because you're presumably in prison already. I'd guess you've either pled guilty or were found guilty at trial. You're trying to appeal an unfair procedure/prosecutor/trial/judge, and/or the (in)effectiveness of your prior attorney, Unlike the defendant in Hampton, you're not staring trial in the face; with all of its myriad time constraints (time for trial issues), pressures and variables. Unfortunately, you've got more time to work your case/appeal. So yes, you can change lawyers when you're in prison. Good luck!See question
I just bailed my boyfriend out of jail for Fel Harrasment but has an upcoming court date to see if they are going to press charges since he wasn't PR'd on his pre trial. If they do decide to press charges will he be arrested and taken into custody...
My colleagues are correct. For more in-depth information along the same lines, please read my Legal Guides titled, "MAKING BAIL" and "WHAT HAPPENS AFTER THEY CHARGE ME? CRIMINAL PROCEDURE IN A NUTSHELL." Good luck!See question
I have an warrant that was reissued 2014 from a misdemeanor reckless driving from 2002. How can I clear this up without going to jail?
Please read my Legal Guide titled, "QUASH YOUR BENCH WARRANT." Good luck!See question
I have a bench warrant in WA for not doing my 5 days in jail for a driving on suspended I have court in OR for a theft 3...will they arrest me in court for my warrant?
My colleagues are correct. Also, for more information, please read my Legal Guide titled "QUASH YOUR BENCH WARRANT." Good luck!See question
I got arrested for DUI. I have a lawyer and everything and we are trying to get it reduced to reckless driving. I was just emailed the police report. It states that my breathalyzer results changed from .084 to .10 on the way the police station. Sh...
Perhaps the confusion is over the different types of tests you took. It sounds like you took a Portable Breath Test (PBT) at the scene of the incident and before being driven to the police station. Is this true? A PBT is a hand-held device which allows police to quickly - albeit, inaccurately - obtain your blood-alcohol levels (BAC). PBT results are NOT admissible at trial (your lawyer can explain why). Furthermore, it sounds as though you took a BAC test at the actual police station. This test is very different and separate from a PBT test. The BAC test involves you blowing two times into a "breath test tube" connected to a larger machine (suitcase size). For the most part, BAC tests are assumed admissible. They are assumed to be more accurate and scientific than PBT tests. BAC machines also undergo routine maintenance. Again, BAC's tests are assumed reliable unless the officer botched the procedure and/or wasn't qualified to administer the test. Hopefully, this helps. Listen to your attorney and follow their advice. But if you want more general information, please read my Legal Guides on Drug DUI's and Alcohol DUI's. Good luck!See question
My ex gf broke up with her 3rd babys dad 2nd baby's dad was also a drug addict. I am the 1st baby's dad (my daughter is 9 now) 4 yrs ago when she was with bf #2 they moved to her mother's. Her brother has a disability & he molested my daughter sex...
I've attached WA statutes and administrative codes which might help you. "Criminal Mistreatment" is the appropriate criminal charges(s), if any, which may apply. These charges range from gross misdemeanors to felonies depending on the allegations. Also attached is the definition of "child abuse" under the Washington Administrative Code. Please review these codes and laws with an eye toward the circumstances you described. Good luck!See question
I got pulled and charge for DUI 2 weeks ago in Tacoma, WA. I have a lawyer and court tomorrow. My BAC is .105. I just really need the truth. What are my chances of this case being dropped down to reckless driving? This is my first charge. Am going...
Please read my Legal Guides titled, "DRUG DUI'S IN WASHINGTON: THE ISSUES & RECENT CASE LAW," and "ALCOHOL DUI'S: THE BASIC ISSUES." There, you'll find basic answers to your questions. Attached to my Legal Guides are recent cases which may or may not apply to your circumstances. And yes, listen to your attorney. Good luck!See question
Hi I got some drug delivery charges 2 delivery in a school zone and a possession charges I'm gearing up to start my readiness part of my trial so far the procurator all ready offered me my first plea agreement but I haven't signed it yet he offere...
Your plea offer is not bad, assuming the State has adequate evidence which would survive a competent defense attorney's pretrial motions to suppress and/or dismiss. I agree with other colleagues that private attorneys generally have more time to research, draft, file and argue such motions.
How were you caught with the contraband? Confidential Informant? Looking suspicious? Were you searched incident to arrest for something else; perhaps the officers executing a warrant for your arrest? How extensive was the search? Where did they find the contraband? What incriminating information did you provide, if any? The circumstances surrounding your arrest can possibly give rise to motion to suppress/dismiss (BTW, please don't describe the facts of your arrest on this public forum).
Please read my Legal Guide titled, "SEARCH AND SEIZURE: BASIC ISSUES REGARDING THEIR SEARCH FOR WEAPONS, DRUGS AND OTHER CONTRABAND" for more information on this subject.
Good luck!See question
Recently a man and his sister entered a property that I was living in with my parents and my ex. She had told me that the man (her half brother) had a violent background(homicide). My father urged him to leave (he was in the backyard). My Ex calle...
You did fine -- acted lawfully, that is.
Self-Defense upon or toward another person is lawful when used in preventing or attempting to prevent a malicious trespass or other malicious interference with real or personal property lawfully in that person's possession. In other words, self-defense can be broadened to include "defense of property," and/or "defense of others."
For more information please read my Legal Guide titled, "Self-Defense." Good luck!See question
I live in a small town and in the past have reported a crime. A sheriff called me back and said they were looking for me for impersonating someone. Which I didn't do. I used my name and left my number. This time I didn't use my name or number. Now...
You can be charged with Making a False or Misleading Statement to a Public Servant. It's a gross misdemeanor punishable up to 1 year jail and a$5,000 fine. It's also a crime of dishonesty, which hurts your chances of future employment. I've attached the statute: "A person who knowingly makes a false or misleading material statement to a public servant is guilty of a gross misdemeanor. 'Material statement' means a written or oral statement reasonably likely to be relied upon by a public servant in the discharge of his or her official powers or duties." Here, the question is whether police relied upon any material statements you made. If not, then you might be innocent. Good luck!See question