Jeffrey Alan Lustick’s Answers

Jeffrey Alan Lustick

Bellingham DUI / DWI 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 over 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...

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  2. Can the military not let me In for my mental illness?

    Answered 3 months ago.

    1. Wojciech Zbigniew Kornacki
    2. Jeffrey Alan Lustick
    3. Jocelyn C Stewart
    4. Michael J Berens
    5. Michael L Detzky
    5 lawyer answers

    Yes, they can legally do this. Each military service (Army, Navy, Air force, Marine Corps, and Coast Guard) sets their own enlistment qualifications and its own minimum medical and mental health standards for enlistment. Sometimes, a certain disqualifying medical condition makes total sense, like the inability to see or hear or walk, but sometimes, it may not be readily apparent as to why not something is disqualifying, like in the case of sleep walking, severe stomach issues, or even...

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  3. Hi, what can I do to have charges brought upon the person who stole my identity and embezzled $2,700 from business account?

    Answered about 2 months ago.

    1. Jeffrey Alan Lustick
    2. Shawn B Alexander
    3. Charles K. Kenyon Jr.
    3 lawyer answers

    Maybe this is just a matter of small town law, but usually most County Prosecutors would jump all over this sort of thing. With the national statistics now projecting 3 out of 5 Americans becoming ID theft victims in the next three years, it's hard to understand why this is being allowed to slide. Prosecutors do have have legal full discretion to decide which crimes they want to file and which ones they do not. Police play a big role in this as they are responsible for competently and...

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

    Answered over 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...

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  5. Deferred sentencing Washington State

    Answered almost 5 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

  6. Shoplifting charges

    Answered almost 7 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...

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    7 people marked this answer as helpful

  7. Gross misdemeanor

    Answered about 7 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

  8. Can a sherriff's deputy legally open my door without consent at a traffic stop?

    Answered about 2 months ago.

    1. Jeffrey Alan Lustick
    2. Matthew Curran Knauss
    3. Joseph Anthony Breidenbach
    4. Patrick Owen Earl
    4 lawyer answers

    I think the answer here is probably, but it depends on all of the facts in the situation. In a typical traffic infraction stop, the door of your car may be opened without your consent if the officer has probable cause to arrest you. The door may also be opened to detain you to search for weapons, or to hold you in a state of arrest for further investigation. In general, your motor vehicle is not a zone of privacy where you have the same level of protections like you have in your home or...

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  9. If your speeding ticket is in collections can you still do the relicensing program

    Answered 8 months ago.

    1. Jeffrey Alan Lustick
    2. Emily Laz
    3. Michael Thomas Sanders
    3 lawyer answers

    Many District and Municipal Courts have re-licensing programs. These programs usually allow people with lots of unpaid traffic fines to set up plans for making monthly payments or to instead work off any unpaid fines by providing community service. However, the existence of these programs can be hit or miss, as some courts never offer them, and yet other courts only offer these programs on a periodic or infrequent basis. In past programs that I am familiar with, the court has an...

    4 lawyers agreed with this answer

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

    Answered 10 months 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....

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