Jeffrey Alan Lustick’s Answers

Jeffrey Alan Lustick

Bellingham Criminal Defense Attorney.

Contributor Level 14
  1. In Washington State, are dogs subject to Probate in Last Will regarding transfer to new Guardian upon death or incapacity.

    Answered about 4 years ago.

    1. Jeffrey Alan Lustick
    2. Laura Mcfarland-Taylor
    2 lawyer answers

    Animals are legally speaking, property, so they can, and frequently are, gifted in a person's last will and testament. Where an animal is given as part of a will, the executor has a duty to transfer the animal (in your case a dog) as soon as possible and then he or she will report the transfer to the court in the probate process. That is, the dog gets transferred to the heir now and is documented for having been transferred later on. We always think of the probate process as...

    Selected as best answer

  2. I received a (speeding) ticket in Renton from a Newcastle police officer. Is this legal? He was in Renton when he "noticed" me

    Answered about 4 years ago.

    1. Jeffrey Alan Lustick
    2. Abraham J. Ritter
    2 lawyer answers

    The new traffic tickets in Washington are now being printed out on a 8.5" by 11" sheet of paper with a landscape orientation. You do not need to sign the new tickets. Now turning to the issues, as far as I can tell, Washington State Law is completely watered down on cross-jurisdictional exercise of police powers. I remember watching the old show Dukes of Hazard when the Dukes would lead the sheriff on a high speed chance to the county line and once across, the cops would pull off and throw...

    Selected as best answer

  3. Deferred sentencing Washington State

    Answered over 4 years ago.

    1. Jeffrey Alan Lustick
    2. Matthew Ryan King
    3. Shawn B Alexander
    3 lawyer answers

    Hello, The deferred sentence has been a bone of contention among criminal defense lawyers in Washington State for a while now. The problem is that during the period between the date of the guilty plea and the date she becomes eligible to have her plea vacated and the charge dismissed, state and federal criminal records will carry the charge on her record as a conviction. Often times, this conviction data will end up in the files of commercial criminal data companies, the State Patrol,...

    3 lawyers agreed with this answer

    3 people marked this answer as helpful

  4. Shoplifting charges

    Answered about 6 years ago.

    1. Jeffrey Alan Lustick
    2. Norman Scott Stewart
    3. Gurjit S Pandher
    4. Okorie Okorocha
    4 lawyer answers

    Consider seeking a compromise of misdemeanor. Since you have no prior arrests or convictions for theft or shoplifting, you probably qualify, so long as the merchant consents. You pay the merchant civil restitution, about $200 plus the full value of what you tried to take, and then the merchant signs a release of the charges. The court then examines the release and dismisses the case against you. You serve no jail, get no probation, and pay only the restitution. Best of all, you get no...

    1 lawyer agreed with this answer

    7 people marked this answer as helpful

  5. Gross misdemeanor

    Answered over 6 years ago.

    1. Jeffrey Alan Lustick
    2. Jonathan Dichter
    3. Okorie Okorocha
    3 lawyer answers

    Yes that can happen, but first the prosecutor would have to ask the court dismiss the gross misdemeanor without prejudice and then re-file the case in Superior Court as a felony charge. The term “without prejudice” means the state is allowed to re-file the case if it chooses to do so. In Washington State, gross misdemeanors are handled by the courts of limited jurisdiction, i.e the District or Municipal courts. Our limited jurisdiction courts have no authority to handle felonies. Thus,...

    3 lawyers agreed with this answer

    3 people marked this answer as helpful

  6. Are photo enforced tickets required to list the traffic violation committed on the ticket?

    Answered about 1 month ago.

    1. Jeffrey Alan Lustick
    2. Elizabeth Rankin Powell
    2 lawyer answers

    Yes, under the Infraction Rules used by traffic courts, all notices of infraction whether issued by a human or a computer, must contain a written notice of the actual infraction which the defendant is alleged to have committed and be listed with a statutory citation or ordinance number. The notice of infraction must also have the date, time, and place where the infraction occurred, the date the notice of infraction was issued, and the name and, if applicable, the number of the citing officer....

    Selected as best answer

  7. What about coin operated breathalyzers in bars?

    Answered about 4 years ago.

    1. Jeffrey Alan Lustick
    2. Scott Weymouth Lawrence
    3. Derek Anthony Patrin
    4. James C Forslund
    5. Edward Jerome Blum
    5 lawyer answers

    Such machines are entirely designed for entertainment value and should not be relied upon as an authority for determining what your breath alcohol content is at any given time. Plus, once you leave the establishment, your BAC will naturally fluctuate, so even if you scored under the legal limit when using the machine in the bar, it could realistically be higher ten to fifteen minutes later. I don't think you would have any chance of suing successfully.

    1 lawyer agreed with this answer

    5 people marked this answer as helpful

  8. Deferred Speeding Ticket Washington State

    Answered about 5 years ago.

    1. Jeffrey Alan Lustick
    2. Matthew Curran Knauss
    2 lawyer answers

    Your ticket is probably settled by now, but for the benefit of other users to this site, I wanted to add the following comments and observations. First, a tabs violation will probably not do anything to up your insurance rates. This is a non-moving violation so it may be better to get your tabs renewed and ask for mitigation of the fine. In many cases where the mistake was inadvertent and you acted fact to fix the problem, judges will substantially reduce the fine. Sometimes this is...

    1 lawyer agreed with this answer

    5 people marked this answer as helpful

  9. Driving with suspended license

    Answered about 6 years ago.

    1. Jeffrey Alan Lustick
    2. Aaron A Pelley
    2 lawyer answers

    Driving while license is suspended comes in three degrees. For DWLS 3rd degree, the maximum penalty is up to 90 days in jail and a $1,000 fine. The typical first offense penalties range from zero days in jail and a $250 fine to one or two days in jail with a $500 fine in some places. For DWLS 2, the maximum penalty is 365 days in jail and a $5,000 fine. First offense penalties for 2nd degree usually range from one or two days in jail and a $400 fine, much higher in some places. Second...

    1 lawyer agreed with this answer

    5 people marked this answer as helpful

  10. Wrongful arrest/What kind of lawyer

    Answered about 6 years ago.

    1. Jeffrey Alan Lustick
    2. Jonathan Burton Blecher
    2 lawyer answers

    In all likelihood, there is very little that you can do in this situation against the police. First of all, the police in Idaho will have a limited immunity and even if they don’t, under Idaho law, they can rely on the information which the Washington DOL puts in the computer system. If the Idaho police relied on this albeit false information to make your arrest, then you cannot sue them due to negligence. On the other hand, if the Washington DOL negligently failed to list you as being...

    2 lawyers agreed with this answer

    3 people marked this answer as helpful

We're ready to help. Contact us today.

360-685-4221