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Jeffrey Alan Lustick

Jeffrey Lustick’s Answers

332 total

  • What do I do about police misconduct

    I am a 58 year old women , During a traffic stop the male police officer put his hand on my vagina [inside my clothing] I filed a formal complaint the Officer who is doing the investigation has turned this into a witch hunt making me appear as tho...

    Jeffrey’s Answer

    Get a civil rights lawyer right away. Meeting with a lawyer on this sort of case is usually free, and he or she will listen to what happened to you and then chart a course to take to best handle the situation. If you are pursuing this on your own, you can already see how police an close ranks and work against you.

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  • What does 0850 stand for? When your talking about a government agency?

    A state agency.

    Jeffrey’s Answer

    If it's in reference to a time or an event, it probably means 8:50 AM.

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  • Can i request clearer copies of pics taken as evidence.

    A downward angled picture three feet away of the pocket in a car door where a glass pipe alegedly was which led to probable cause for a search warrent was taken at place of arrest but nothing can be seen in it. But a close up picture taken of t...

    Jeffrey’s Answer

    The issue here is challenging the warrant. If you can show that the earlier photo was taken before the warrant was issued, there may be some question about whether the evidence was there at the time of the stop or if it may have been planted.

    You really need to get your lawyer to conduct interviews the police officers who were at the scene and verify what they will say about the two different photos. Even though the photos each show something different, the issue will most likely turn on evidence from the police at a suppression hearing.

    I have seen cases like this crumble because police embellish or outright lie about what they say at the scene of a traffic stop, so be careful how this issue is approached. In other words, keep your suspicions to yourself until those police officer interviews can be conducted in a proper manner.

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

    I cant afford to pay it and im tryng to look for work

    Jeffrey’s Answer

    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 application form that you fill out and list what tickets are at that court and you explain what your ability to pay the outstanding fine will be if allowed to enter the program. You may have to appear in court before a judge to have your application reviewed. And to answer your question, most programs sometimes do allow you to participate even when you have tickets that have gone to collections. Although nowadays, may courts seem to have some pretty strict contracts with collection agencies under which they will not pull back any unpaid tickets. This can be why the re-licensing programs are limited in duration and availability.

    One benefit of having your ticket removed from the collection agency by the court is that it’s way cheaper. Collection agencies add a lot of fees and costs on your unpaid fines. It may seem unfair to do that, but this is what the RCW allows.

    Now if your tickets are in collection and your local court where those tickets are at does not have a re-licensing plan, you can contact the collection agency directly. If you agree to a payment plane directly with the agency, state law allows the agency or the court to release your license while you are successfully making the payments to the collection agency.

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  • Can someone who is already on DOSA get mental health court on a new charge???

    My friend is on DOSA and she got a new charge of identity theft can she get mental health court for the new case if her evaluation comes back that she does in fact need mental health??

    Jeffrey’s Answer

    To begin with, we currently have two kinds of Drug Offender Sentencing Alternatives (DOSA) programs in our state. The traditional and most common type is the prison-based DOSA and the more recent creation of a residential-DOSA program where the person does not go to prison but rather is placed directly on local supervision. Would assume that the person in question has the residential-DOSA, otherwise there would be no way to get them even considered for mental health court.

    And also for those reading this who don’t know, Mental Health Court is basically where the prosecutor and the court allow a defendant to avoid jail and prison if the offender agrees to complete mental health treatment and be on local supervision by court staff. Often people in mental health court receive free counseling or psychological therapies which they may otherwise not be able to access on their own.

    Mental Health Court is a pre-conviction program where the defendant essentially works off their charge by successfully completing their required treatment and remaining out of trouble. However, DOSA is a post-conviction program where the person has already pleaded guilty to a felony and works off their jail term by going through drug treatment.

    The real issue here is the impact of the new felony charge on the DOSA sentence. One of the strict requirements for people in a DOSA sentence is that not be arrested for nor charged with any new criminal offenses while they are on DOSA. In the DOSA program, when a defendant gets a new charge (or fails in their drug treatment) the Department of Corrections will file a violation report. The DOC has an internal adjudication system for prison-based sentences, but they usually use the local courts for residential-DOSA violations. So if the DOC did seek to violate the person who got the new charge and either the DOC judge or the local judge agreed that there was a violation of the DOSA terms, that person could be sanctioned. These sanctions can include being sent to prison for the remainder of the sentence or given a term of short prison (or jail) stint and released back into the DOSA program, but either way, they wouldn’t be available to participate in local Mental Health Court.

    Another consideration is the requirements for the local Mental Health Court. Most of the times, these local specialized courts (like Veterans Court, DV Court, Drug Court) are heavily funded by federal grants which come with a lot of strings attached. In some local special courts, only people who have no prior felonies can participate. In others, it could depend on what the prior felony was for. To make sure of this, do a web search for the court where this person’s new charge is. Look to see if they even have an active Mental Health Court (Most courts in Washington do not have one) and then see what the pre-requirements are.

    Sorry that I cannot be more specific with my answer, but as you can see, there are a lot of things to consider in this situation. This individual needs to be represented by a qualified defense counsel who is well versed in the local rules for whatever court this case is happening in. Good luck.

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  • Can a person get released from FDC if they have to wait 10mo. until trial?

    May 10 was the date set for trial, but due to an 8000 page discovery the trial date has been pushed out until the end of January. Can a person be release until their trial.

    Jeffrey’s Answer

    I agree with the other two attorney's replies, but I may add that having the case continued for such a long amount of time, if the continuance was NOT AGREED and was requested by the prosecutor PLUS having an inordinately large amount of discovery could be good cause for another review of the detention.

    Also, medical conditions, financial distress, or family support issues are some common reasons to seek reconsideration.

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  • I am 23 years old man Got in trouble first time for residential burglary@thieve 3 What sentence can I get for it?

    I am with my friends got in someones appartment. We took a small safe.We didnt open it.Safe was return back

    Jeffrey’s Answer

    Assuming you have no other offenses adult or juvenile on your record, the following may occur on your case as far as sentencing goes.

    To begin with, a residential burglary charge is a Class B, nonviolent felony with a maximum punishment of up to 10 years in prison and a fine of up to $20,000.00. No one gets this for their first offense. Rather Washington uses an adult sentencing guideline for felonies. Assuming no other felonies are charged, your range as a zero point offender is 3 to 9 months in the county jail. Under state guidelines, you do not get sent to prison if you receive less than a year and a day sentence. Also, assuming that you are a zero point offender, there would be no probation or Department of Corrections community custody following the sentence. Most courts impose fines and various filing fees and court costs. There may also be an order to compensate any victims who had out-of-pocket losses for the offenses.

    As far as the theft 3rd degree charge, this is a gross misdemeanor with a possible maximum punishment of 364 days in the county jail and a $5,000.00 fine. Usually when a misdemeanor is added to a felony, for sentencing purposes, any time served on the misdemeanor will be added to the time given for the felony. However, in a plea agreement situation, it's common for misdemeanors to fall away and get dismissed if the felony is pled to. Another outcome could be that you have to plead guilty to the misdemeanor for conviction purposes only, and you would get no additional jail time.

    These are serious charges, so please do not go it alone without a qualified defense counsel to assist you. I hope this information helps.

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  • Do police officers have to file inventories after executing a search warrant. Can officers search for records twice?

    A police officer never filed any inventories with the return. Also, the officer searched the location for documents with an expired warrant, 15 days after the warrant expired.

    Jeffrey’s Answer

    This is a very interesting situation, but really more facts are needed for me to give you a complete answer. But I will try to give you some information anyway.

    First of all, are you a criminal suspect or a defendant? Or are you just a bystander who had their location become the subject of this search warrant?

    The reason I need to know this is because your ability to legally challenge the warrant (which we call "legal standing") and your remedy for the procedural issues that may be present, are both influenced by your position in this situation.

    For example, if the police used a warrant that was stale (the limit is 10 days in Washington State), -AND- you are a criminal defendant, any evidence the police seized -MAY- be subject to exclusion or suppression by a criminal court in any criminal prosecution that may follow. On the other hand, if you are NOT a defendant or a suspect and there is no subsequent criminal case, your remedy may be to file a civil claim against the law enforcement agency and allow them to investigate the claim for before you can sue. In the latter situation, you would need some damages, such as damage to the door of your home, or damage to your furniture, or an actual loss from property taken by the police under the stale warrant, in order to recover any money relief. In extreme cases, invasion or privacy, gross negligence, or loss of liberty (i.e. civil rights violations) may also be possible to sue for.

    With respect to the inventory requirement, the Washington procedures state that the law enforcement agency shall "give to the person from whom or from whose premises the property is taken a copy of the warrant and a receipt for the property taken." ... "The return shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person from whose possession or premises the property is taken, or in the presence of at least one person other than the officer." See CrR 2.3. (

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    Jeffrey’s Answer

    I'm curious to know if you paid with the first set of airline tickets using a VISA, MasterCard, AMEX or some other major credit card? Sometimes credit card companies will cancel big purchases made overseas if the purchase seems out of the ordinary. If the credit card company did this under their security agreement, then you may have no claim against the airline at all. Just something to think about.

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  • Why does the judge force hiring a DUI lawyer and threaten jail at pretrial unless I hire a lawyer.

    I have every intention of hiring a DUI lawyer but in the 15 days after arraignment I had pretrial and didn't have enough money for a down payment for a lawyer and I was threatened with jail if I didn't hire one in the 7 day continuance. With weigh...

    Jeffrey’s Answer

    Usually judges may make some comments about what can happen if you do not hire a lawyer, but the legal reality is that you have the right to defend yourself and you even have the right to refuse to defend yourself. You cannot be jailed for refusing to hire a lawyer or refusing to mount any defense. As the other responder has said, if you cannot afford to hire counsel, consider making a public defender request. Usually most counties will allow people at the lower end of the scale who cannot fully qualify to pay a reduced rate, or a "street rate" to hire a lawyer.

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