Jeffrey Alan Lustick’s Answers

Jeffrey Alan Lustick

Bellingham Criminal Defense Attorney.

Contributor Level 14
  1. 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

  2. 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

  3. Misuse of power of attorney

    Answered over 4 years ago.

    1. Jeffrey Alan Lustick
    1 lawyer answer

    Do you have a copy of this POA? sometimes these are files at the county courthouse, but there are no requirement on that. I am asking because I wonder if it is a "durable" POA? Usually all POAs are null and void when the person who issues the POA becomes incapacitated, which would be the case if your brother is now in a coma. The only exception would be if the POA was specifically made durable, and this can be verified by reading the language of the POA, i.e. "this Power of Attroney is to...

    3 people marked this answer as helpful

  4. What happens to your case if you pay bail and have a border hold?

    Answered over 4 years ago.

    1. Jeffrey Alan Lustick
    1 lawyer answer

    I have seen three possible outcomes in this situation. First, if the person with the hold is charged with a low-level, non-violent felony and he or she is Canadian, once the bail is posted, Immigration and Customs Enforcement will usually take custody of the individual and return them to Canada. That process can take several hours and sometimes they will have some difficulties getting back into the country for court once they leave the USA. The second scenario is where the person is bailed...

    3 people marked this answer as helpful

  5. Have history of domestic violence charge and im now facing a new one..court issued no contact order. how can i have it lifted?ha

    Answered over 4 years ago.

    1. Jeffrey Alan Lustick
    1 lawyer answer

    Many courts will not lift a pre-trial no-contact order at all, and oftentimes it remains in effect until the case is resolved. On some occasions, depending on the facts of the case, the court may grant an NCO rescission where the alleged victim testifies in court as to his/her consent to lifting the order and the defendant has undergone a DV evaluation. But each court is truly different. Most courts see the NCO as part of keeping the defendant in line, and sometimes the prosecutor will also...

    3 people marked this answer as helpful

  6. What is the monetary difference between a civil and a criminal case?

    Answered over 4 years ago.

    1. Jeffrey Alan Lustick
    1 lawyer answer

    I agree with what the other lawyer said in his answer, but I would never agree to pay anything for something I did not do. Stick to your guns. If they try to sue you, they must prove it. I suspect that if you don't pay and just ignore their requests, it may all go away.

    3 people marked this answer as helpful

  7. How long can police my car?

    Answered over 4 years ago.

    1. Jeffrey Alan Lustick
    1 lawyer answer

    While there is no set law on this, it is possible for the police to keep your car as evidence until your case is resolved. Now normally they won't do that, especially since it can be expensive to store a car in some cases. I think 3 days should be enough to get the forensic evaluations done. Beyond that, get your lawyer to file a motion for the return of your property. If the police cannot justify holding your car any longer, then you should be able to get the court to order its return to...

    3 people marked this answer as helpful

  8. Should I get a lawyer for my Seattle DUI?

    Answered over 4 years ago.

    1. Jeffrey Alan Lustick
    2. Elizabeth Rankin Powell
    3. Travis S Jones
    4. Adrian Martinez Madrone
    5. Okorie Okorocha
    5 lawyer answers

    There is no question that you will need a lawyer to defend you. No one facing a criminal charge or even a potential charge, should go it alone. I am a lawyer and if I ever got in any trouble, I'd hire a lawyer to represent me. By the way: Did you really blow just just under 0.300 or do you mean 0.03? There's a big difference.

    3 people marked this answer as helpful

  9. Tacoma, WA - Speeding ticket with ERRORS

    Answered over 5 years ago.

    1. Jeffrey Alan Lustick
    1 lawyer answer

    The lack of notation on the face of the ticket of yor vehicle speed on it's own is not a guaranteed win. The citation form will be filed along with a sworn statement written out by the officer after you left. The narrative needs to contain the exact speed you were traveling so the court can verify that a violation has occurred. If you choose to contest the infraction, you need to ask the prosecutor (not the court) for discovery and you should be provided with that narrative. If the...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. A warrant was issued for failing to appear at DUI hearing, person left the U.S. what will happen upon return to the U.S.

    Answered almost 6 years ago.

    1. Jeffrey Alan Lustick
    2. Scot Dale Goldberg
    2 lawyer answers

    The computer systems used at airports and ports of entry by the U.S. Department of Homeland Security are rather sophisticated these days. They scan passports and the computer will instantaneously match the person with records across multiple agencies. I think these is much cause for concern in the situation you describe. If your friend does have a valid and active arrest warrant and enters the US at a port of entry in the state where the warrant was issued, it's likely that the friend...

    3 people marked this answer as helpful

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