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Jeffrey Alan Lustick
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Jeffrey Lustick’s Answers

335 total


  • Can I bail someone out without all the money?

    My friends bail is $30,000 but I don't have the cash to cover the 10%. I own my house but its not paid off or have equity. I'm not sure what I can do.

    Jeffrey’s Answer

    Sometimes bail bondsmen will permit the person posting the bond (called the co-signer) to make payments on the ten percent bond fee. It will depend on the individual bondsmen and on the credit risk of the co-signer. Occasionally, bondsmen will issue a bond for a fee of less than 10% but there usually need to be some special circumstances.

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  • I have a 3rd degree theft misdemeanor that is to be deferred

    I'm just curious what this deferred sentence means. I took the class, I paid the fine, I did community service. I go in in ten days and they say it will be deferred. What does this mean? I don't want jobs to be able to see this, it happened a year...

    Jeffrey’s Answer

    A deferred sentence usually means that you actually plead guilty, but the court defers your sentence for a period of 6, 12, 18, or 24 months. If you maintain good behavior and comply with any requirements of the deferred, like complete community service or attend treatment of some sort, at the end of the time period, the charge gets dismissed.

    In most deferred sentence situations, the defendant has to carry a conviction on their record for the length of the deferral period, but at the end of the deferral period, the court vacates the person's guilty plea and then dismisses the charge. Once that happens, the person will no longer have the conviction on their record.

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  • What penalties am I looking at for failure to appear on a driving while suspended (dui) charge from clallum co.?

    I was unable to make the court apperance, and sent a letter explaining this, but never got ANY response. now there is a warrant. I am not a criminal - i own a buisness, and have kids. i dont even drink anymore. I have a new child on the way and i ...

    Jeffrey’s Answer

    The district court judge in Clallam County has a reputation for being very tough on people who miss court. I recommend contacting a local lawyer who can appear in court with you on a Motion to Quash warrant. The worst case would be that the judge ignores the reasons why you did not come to court when scheduled and has you booked in jail until you post a cash bond. That would likely mean you'd have to pay money into the court, which would be held to ensure your appearance at the next court date. But with a lawyer by your side explaining your reasons, the judge may listen and you could be released on your own recognizance.

    Now that's just dealing with the warrant and getting it quashed. If this is merely a DWLS 3rd degree charge and you now have your license back; and you have no other criminal history, in most courts that will culminate in the charge being reduced to a traffic infraction of not having a valid license and just a fine, c.a. $200 to $500.

    To locate a lawyer in Port Angeles, use the attorney search function here on AVVO and send an email to one you like asking for assistance.

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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

    • Selected as best answer

    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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