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Jeffrey Alan Lustick
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Jeffrey Lustick’s Answers

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  • I was arrested in whatcom county with ambien from UK that I ordered online. Am I now looking at a federal case with the DEA?

    iI crashed my car after taking prescription ambien,but I also had some tablets in the car I was going to dump in a trsh bin because i got scared about having them. Alas, I was first arrested and i am certain they will work against my case. I am ...

    Jeffrey’s Answer

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    I will echo but will also amplify what the last lawyer said. The chances of your case going federal are, in my opinion, slim to none. The U.S. Attorney for this area is in Seattle, and that office has guidelines, unwritten though they may be, as to when a case not detected by federal authorities will become federal. Unless you are a massive importer of illegal drugs and have done so several time,s the Feds won't be interested in your case. In fact, the Whatcom County Prosecutors get funding for the U.S. Government to specifically handle several cases annually which actually are federal cases, but due to the low level of criminal activity, are instead sent to Whatcom County for prosecution in state court. You are probably going to be facing a DUI and a felony or misdemeanor drug charge in state court.

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  • Can i get case dismissed if i was not read my merranda rights?

    i was driving my friends car and got pulled over by the same cops that pulled them over. My license is revoked for a year and when they placed me in hand cuffs the officers did not read me my merranda rights. this is my first case of driving while...

    Jeffrey’s Answer

    Many people mistakenly expect that if a police officer fails to give the rights advisement under the Miranda case to someone the police are arresting, then it will be grounds to dismiss that case. In the State of Washington, the Miranda warnings are not required to be given unless the person receiving them is in custody and is being questioned by the police. If the police have the person in custody but do not ask him or her any incriminating questions, then the lack of Miranda warnings is not an issue at all.

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  • Caught shoplifting for the second time

    I am 15 years old, and i have been caught shoplifting once but it was not my fault i was charged because i was with a friend it was a 7$ drink the second time it was at safeway and I was with a friend we ate sushi, a sandwitch and a drink, a cop u...

    Jeffrey’s Answer

    Since you are 15, if a criminal charge is filed, your case will be in juvenile court. Most courts will allow second-time offenders to enter a diversion program that essentially allows the offender to perform community service, attend classes, or write an essay to work off the charge.

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  • What is the typical sentence for 2nd degree assault on a child?

    My step-brother was intoxicated and assaulted an 8yr old child. He has no prior charges but they will not grant him bail before his arraignment. What kind of sentencing is he looking at if he is convicted?

    Jeffrey’s Answer

    With no prior felony convictions, the sentencing range for assault of a child second degree under R.C.W. 9A.36.130 is 31 to 41 months in the state prison, plus 18 to 36 months of community supervision by the Department of Corrections.

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  • How can the police prove i havent wrote a threating letter to my neighbour as he is allegedly accusing me of.

    i have contacted the police whom are coming tomorrow. there have been issues with the neighbour concerned from a few families in the street. we believe there are some mental health issues here.he has shown my friend a threat letter i have apparen...

    Jeffrey’s Answer

    Follow the advice of these two replies: Do not speak to the police without first sitting down with a lawyer.

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  • I got ticket because DOL didn't issue the tab

    My expiration date is 4/28. I sent in my check on 4/11 for registration, but it returned for emission test. I did the emission test on the same month and resent the check for registration again. The DOL held my check and they didn't issue the new...

    Jeffrey’s Answer

    What you describe does not really rise to the level of a legal defense, i.e. that you are not guilty of driving with expired tabs. I believe the court would say that once your tabs expired, you should have stopped driving your vehicle and should have called the DOL or tried to obtain current tabs from the county.

    At any rate, I do think the situation will warrant a mitigation under which the judge reduces the fine amount based on what you went through.

    You can sometimes do mitigation by writing a a letter to the court or appearing in person at an infraction mitigation hearing.

    You may also be able to hire a traffic attorney for roughly the same price as the fine who can use the court rules of procedure to win on the ticket.

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  • I am getting my license suspended on wednesday do I have to turn in my license to the Department Of Licensing

    So I am getting my license suspended due to too many speeding tickets for one month do I have to turn in my license to the department of Licensing like it says on the letter I recieved through the mail? and I didnt have court they just sent me the...

    Jeffrey’s Answer

    Yes, you are required to return your revoked driver's license card to the DOL. Under RCW 46.20.338, it is a traffic infraction for any person to display or cause or permit to be displayed or have in his or her possession any canceled, revoked, or suspended driver's license or identicard.

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  • Is there a way to get out of jail time if you are charged with burglary in the first degree and its your first offense in WA?

    Is being charged with burglary but they didn't find a weapon and has been held for 2 days but not formally charged yet.

    Jeffrey’s Answer

    A person can be held in jail without any formal charges being filed if the police write a sworn probable cause report stating facts which spell out a crime. This is call a probable cause arrest.

    This person will eventually (usually done within 24 hours of the arrest) be brought before a judge or commissioner where a bail amount will be set. After the bail is set, you can either pay in cash the full amount to the court clerk or obtain a bond from a bail bondsman. Usually bondsmen charge a non-refundable fee of 10% of whatever the bail amount is. So if for example, the bail is $50,000.00, the bond can usually be secured for $5,000.00.

    Once the bail is set, if the person remains in custody and does not post bail, the prosecutors have 72 hours in which to file charges or the person must be released. However, this time requirement is waived if the person bails out or is released.

    I recommend that an attorney be secured as soon as possible to handle this entire case. If the attorney can get on the case really soon and he or she can attend the bail hearing, there may be a possibility of having making the judge aware of facts and circumstances surrounding this person that could justify a personal recognizance release. This kind of release, also referred to as a PR release, means the person is free to go as long as they promise to appear at the next court date. And it also means that no bail or bond needs to be posted.

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  • How to handle 1st time DUI charge in WA

    I just recieved a court summons for DUI for a car accident I was in over a year ago. I was drinking from 7-11pm, I was impaired at the time. At 3am I decided to go get some food, I felt fine and ok to drive. Getting off the freeway my brakes faile...

    Jeffrey’s Answer

    At the arraignment, you will be asked if you would like to be screened for a public defender. This is a process where you fill out a financial declaration stating your income and liabilities. If the court deems you to be indigent, a public defender will be appointed to represent you in your case. Alternatively, you can sometimes go to the Office of Assigned counsel before court and sign up for the screening process.

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  • What is sentancing range for burglary with violence?

    is stolen a few things no big value and a apply overpowering drug

    Jeffrey’s Answer

    here are basically four degrees of burglary under Washington State law:

    Burglary 2nd degree - Class B - non-violent felony
    Residential Burglary - Class B - non-violent felony
    Burglary 1st Degree - Class A - violent felony
    Burglary 1st Degree w/Sexual Motivation - Class A - violent sex felony

    There's a way to augment your question with more information. In order to answer your question, I need more information as to the exact charge and any other specific enhancements that may also be charges, i.e. deadly weapon, firearm, school zone, etc. Also the answer depends on the person's prior criminal history, so I will need to know this as well.

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