Jeffrey Alan Lustick’s Answers

Jeffrey Alan Lustick

Bellingham Criminal Defense Attorney.

Contributor Level 14
  1. When one speaks with an attorney about divorce, then she takes your spouse as a client, is this legal?

    Answered over 4 years ago.

    1. Jeffrey Alan Lustick
    1 lawyer answer

    Yes, it totally is a conflict of interest and a potential breach of client confidentiality. I would call that lawyer directly and remind him/her that you met with the first and that you expect them to withdraw immediately from representing your ex. If they refuse, you should contact the Washington State Bar Association ethics counsel.

    3 people marked this answer as helpful

  2. In regards to lawyers getting money to bribe the judge on an open, close case.....

    Answered over 4 years ago.

    1. Jeffrey Alan Lustick
    1 lawyer answer

    I can tell you are extremely frustrated by this situation. If you feel that there is some wrongdoing by the judge or the lawyers involved, you can ask for an investigation by the Commission on Judicial Conduct or the Washington State Bar Association Ethics Counsel. You can also ask to speak to the editor of your local newspaper. Each of these entities works as a watchdog to detect and report ethical wrongdoing.

    3 people marked this answer as helpful

  3. Can my case be dismissed if a speedy trial waiver was not signed. It has been 8 months since arraignment.

    Answered over 4 years ago.

    1. Jeffrey Alan Lustick
    2. Matthew A Leyba
    2 lawyer answers

    Well it's not that easy. Washington State has a toothless speedy trial rule. Each and every time your case gets continued by agreement, the time for trial starts over and the state has a fresh and new 90-day window in which to bring your case to trial. You do not need to sign a waiver for that to happen. The court rule dealing with speedy trial says it's automatic. And what is more, if the 90-day speedy trial period is exceeded, then the state's prosecutor gets an additional 30-days grace...

    3 people marked this answer as helpful

  4. Can we ask our son to leave before he's 18..

    Answered over 4 years ago.

    1. Jeffrey Alan Lustick
    1 lawyer answer

    This is probably not the best idea unless you receive his emancipation. Minor emancipation is a court action that will have him legally declared to be an adult. he will be responsible for making is own decisions for housing, education, health care and financial matters from that point forward. You will also no longer be financially or legally liable for him. But until that happens kicking him out is not really a good idea.

    3 people marked this answer as helpful

  5. What kind of time would these crimes carry consecutively with no prior record

    Answered over 4 years ago.

    1. Jeffrey Alan Lustick
    1 lawyer answer

    In can't really answer this question, because there is not enough information. Here's what I mean: (1) Is the murder which was allegedly attempted 1st degree or 2nd degree. It makes a big difference. (2) What kind of deadly weapon enhancement is being alleged? A knife or a firearm? Are any of the other offenses also pleaded with a DWE? (3) Did all of these crimes get charged at once on the same criminal information form? If so, the presumption is that the activities constitute one...

    3 people marked this answer as helpful

  6. Why does it hurt when I pee ?

    Answered over 4 years ago.

    1. Jeffrey Alan Lustick
    2. Bobby L. Bollinger Jr.
    2 lawyer answers

    If you are on probation and are forced to take UA drug tests, that could make you really hurt if you failed the tests! HA!

    3 people marked this answer as helpful

  7. What is the difference between Assault 4 and Assault of a Child in Washington State?

    Answered over 4 years ago.

    1. Jeffrey Alan Lustick
    1 lawyer answer

    In Washington State Criminal law, there are three levels of offenses called Assault of a Child. First degree assault of a child is where the child is under the age of thirteen and the person: (a) Commits the crime of assault in the first degree, as defined in RCW 9A.36.011, against the child; or (b) Intentionally assaults the child and either: (i) Recklessly inflicts great bodily harm; or (ii) Causes substantial bodily harm, and the person has previously engaged...

    3 people marked this answer as helpful

  8. Can someone get credit for time served while in Drug Court ?

    Answered over 4 years ago.

    1. Jeffrey Alan Lustick
    1 lawyer answer

    The answer is yes.

    3 people marked this answer as helpful

  9. Audio recording without consent

    Answered over 4 years ago.

    1. Jeffrey Alan Lustick
    1 lawyer answer

    Washington state is a "two party consent" state, but our laws only extend to private conversations and private situations. Two party consent means that all parties to the conversation know it is being recorded and agree to have it recorded. Under state law (RCW 9.73.030), a person is deemed to have consented to recording a private conversation if they verbally agree after being told or do not voice any objections after being so informed. Another way is to post a written notice that the...

    3 people marked this answer as helpful

  10. Do Civil Rights Attorneys except cases where they collect their attorney fees only if they win their clients case ?

    Answered over 4 years ago.

    1. Jeffrey Alan Lustick
    1 lawyer answer

    I do not handle these sorts of cases, but I am familiar with these fee arrangements. This kind of legal arrangement is called is called a contingency fee. Typically, the person suing will sign an agreement with the attorney handling the case under which the person pays the attorney's fees for representation directly from whatever the proceeds ultimately will be from the case. Usually the person suing has to front any expenses, however. Washington State ethical rules do allow the law firm...

    3 people marked this answer as helpful

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