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 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. 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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  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

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  4. Shoplifting charges

    Answered over 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

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

    Answered 3 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

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

    Answered 5 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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  8. In WA state is it legal for our neighbors to smoke weed outside (in their back yard)?

    Answered 26 days ago.

    1. Jeffrey Alan Lustick
    2. Lennard Anthony Nahajski
    3. Michael Robert Charbonneau
    3 lawyer answers

    It sure is a different time in Washington State with recreational marijuana use now being legal, and soon there will even be legal retail establishments selling it in all parts of the state. I have heard from many people, that even though it is now legal, they do not plan to use it and, like you, they feel uncomfortable seeing people use it in their presence and smelling it on the breeze. Just to review, recreational marijuana use was legalized under Initiative 502 after 56% of the voters...

    3 lawyers agreed with this answer

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  9. What about coin operated breathalyzers in bars?

    Answered over 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

  10. Deferred Speeding Ticket Washington State

    Answered over 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

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