Emily Caitlin Beschen’s Answers

Emily Caitlin Beschen

Bellingham Criminal Defense Attorney.

Contributor Level 6
  1. Missed misdemeanor case in Washington, now what? (please read details) im freaking out

    Answered 9 months ago.

    1. Emily Caitlin Beschen
    2. Michael P Brodsky
    3. Jessica Lorene Campbell
    4. Elizabeth Rankin Powell
    4 lawyer answers

    You can quash warrants in Bellingham Municipal Court Fridays at 10:30. You should get in touch with a Bellingham criminal defense attorney to assist you with noting a motion to quash the warrant (either hire someone or see if you qualify for a public defender). WWU has a legal information center in the VU that may have referrals for attorneys. Likley a $100 warrant fee has been applied in your case, but your attorney can ask the court to waive it given the circumstances. And, do not...

    6 lawyers agreed with this answer

  2. What is the diffference between "dismissed without prejudice" vs "dismissed with prejudice"? and does either one come up later?

    Answered over 1 year ago.

    1. Scott Weymouth Lawrence
    2. Emily Caitlin Beschen
    3. Michael Taylor Meehan
    3 lawyer answers

    When a criminal prosecution is dismissed with prejudice, it means the charge can’t be refiled. When it is dismissed without prejudice, the prosecution could decide to refile. There are all sorts of different companies that preform background checks, and some of those provide information only about convictions, while others could include information about arrests as well. Some landlords and employers, use the Washington State Patrol to conduct background checks. You can order a report...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Is it legal for my employer to not pay for my 2 - 15 minute breaks during my 9 hour shift because I take an hour and 15 minute l

    Answered almost 2 years ago.

    1. Emily Caitlin Beschen
    1 lawyer answer

    Generally, 10 minute rest periods are paid. I'm attaching a link to the LNI Workplace Rights sheet which lays out what breaks are required, when, and whether an employer is required to pay for them or not.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Drug testing when being considered for employment, is Marijuana a legal reason not to hire?

    Answered over 1 year ago.

    1. Emily Caitlin Beschen
    2. Scott Weymouth Lawrence
    3. Sean D Mckee
    4. Sean P. Wickens
    4 lawyer answers

    Despite the fact that marijuana use is no longer criminal, employment decisions can still be based on use of marijuana. I have included a link to more information on employer testing for marijuana after the passage of I-502.

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  5. I- was charged with possession with intent to deliver, i didnt know the drugs were in my vehicle.

    Answered about 2 years ago.

    1. Robert David Butler
    2. Emily Caitlin Beschen
    3. Teresa Lynn Border
    3 lawyer answers

    Gather any forfeiture notices you may have received after your arrest. Then, speak with an attorney (preferably the one who handled your dismissal). It is difficult to guess the best course without knowing more about your specific situation and reviewing the notices (if any) that you received, but I can say that in the past when property has not been returned after a case is dismissed, we will file a complaint in Whatcom District Court against the Chief of Police. The complaint seeks return...

    3 lawyers agreed with this answer

  6. Do i have a case? or can i only complain to L&I and the Health Department

    Answered about 2 years ago.

    1. Emily Caitlin Beschen
    1 lawyer answer

    Your question touches on several different topics, and my response only hits on a few of those areas. I will not be able to tell you whether you have a case without more information, however I have included some of the State laws that you may find helpful. With regards to the cost of uniform deductions: An employee and employer may agree orally or in writing that the employer may deduct the cost of uniforms provided by the employer if the uniforms are not returned by the employee at the...

    3 lawyers agreed with this answer

  7. If an eleven year old pushes down and then kicks another eleven year old, is this considered assault?

    Answered about 2 years ago.

    1. Emily Caitlin Beschen
    2. James Regan
    3. Mark C Blair
    3 lawyer answers

    Yes, one person kicking another would be considered assault. As for how to proceed, you have several options. (1) Contact the school principal: Every school has a policy that prohibits harassment, intimidation and bullying. The school can determine appropriate discipline that would be warranted given the situation. (2) Contact the police: Your daughter can give a statement about the bullying and assault to the police department. Depending on the contents of the statements obtained in...

    3 lawyers agreed with this answer

  8. Can I answer no to being arrested and being on probation if all of my charges were dismissed in court

    Answered 7 months ago.

    1. Emily Caitlin Beschen
    2. Michael P Brodsky
    3. Nathan Pliska
    4. Douglas Holbrook
    4 lawyer answers

    I agree that you should be very careful. Around 80% of businesses perform background checks on applicants, so be cautious about failing to disclose something that they will see in a background check. Doing so could result in them moving onto the next applicant because they think you are being dishonest. You may want to call the attorney who represented you on the charge and see if they can provide you with more insight into whether you were arrested or placed on probation (as opposed to...

    2 lawyers agreed with this answer

  9. Will a misdemeanor theft on my record from 8 years ago affect me becoming an Registered Nurse? I am applying to nursing school.

    Answered 7 months ago.

    1. Emily Caitlin Beschen
    2. Adrian Martinez Madrone
    2 lawyer answers

    Having a criminal history will not automatically bar you from becoming licensed as a nurse in the State of Washington. However, when you submit your application to the Department of Health you will be required to disclose the conviction and provide supporting documentation for them to consider. It may be worthwhile to get the conviction vacated, and it sounds like you would qualify under the statute based on the limited information. To start that process, either contact the clerk at the...

    2 lawyers agreed with this answer

  10. Court filed wrong charges?

    Answered about 1 year ago.

    1. Carl A Munson JR
    2. Jessica Lorene Campbell
    3. Emily Caitlin Beschen
    4. Patrick Owen Earl
    4 lawyer answers

    If you have not already done so order your criminal history from the Washington State Patrol to verify if that information is incorrect. If it is, you can submit corrections/challenges to that criminal history using their form found online. http://www.wsp.wa.gov/crime/docs/misc/modification_record_request.pdf

    2 lawyers agreed with this answer