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Stan Glisson

Stan Glisson’s Answers

201 total

  • Will a warrant for failing to comply with sanctions on a misdemeanor "time out" in Washington State?

    My wife was cited for shoplifting in 2008 in Kitsap county. The item was small (a pack of diapers). I thought she resolved the issue when she went to court 5+ years ago and I paid a fine, but I've found out there were additional conditions. Docum...

    Stan’s Answer

    Unfortunately, the warrant never goes away. In some jurisdictions, they will issue warrants with expiration dates, but on the expiration date they are just re-issued. In Kitsap, the warrant will remain active until she appears in front of a judge, or a lawyer appears for her.
    Depending on how the case was resolved, she may still be able to fix this by completing the conditions and mailing proof in. For that type of case, she is either going to have to hire a lawyer in Kitsap or plan on re-appearing here to quash the warrant.

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  • Is it worth hiring private counsel to defend against DUI if you are unlikely to drive again and have no income to pay fines?

    My elderly father-in-law was arrested for DUI following an accident in Bremerton, WA. He was disoriented and failed a field sobriety test, no ABV. He takes prescription meds that likely showed up on a blood test and is now charged with DUI. Subse...

    Stan’s Answer

    Well he certainly should have an attorney. There are other concerns besides the fines. I would worry given your description of his health about other potential probation obligations a judge might impose if he isn't well represented. It is common for judges to order years of probation and ongoing requirements of treatment, classes, probation meetings, home monitoring. A judge may also order travel restrictions, including the chance to leave the state.
    You may be right, that he won't drive more. But as long as that option still may exist, it is probably a good idea to preserve that right for him if possible just in case. Plus, I would be very concerned about a judge imposing conditions with which he cannot reasonably comply, leading to multiple probation appointments, court appearances, and potential jail sanctions.

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  • Is it better to get a lawyer in the county the crime was committed or where the defendant currently lives?

    A friend of mine is being prosecuted for Taking a motor vehicle without permission in the second degree. They felt their public defense attorney wasn't doing a good enough job so they want to hire a lawyer but they no longer live in the county the...

    Stan’s Answer

    That is a really good question. I always recommend an attorney who is based in the community where the court is. There are exceptions, such as when you find an exceptional attorney and would rather have that person no matter where the case is. But I have always thought there is an advantage to an attorney who knows the local court's procedure and tendencies, and may have close knowledge of how prosecutors negotiate.

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  • Charged with DUI in WA under RCW 46.61.502(5) and RCW 9.92..020 , blood test reveals only prescribed stimulants.

    The prosecution seems confident in convicting me. After reading the RCW sections I am confused as the medication that I am prescribed (Addrerall) is not an intoxicating substance that impedes my ability to operate a motor vehicle. I have a publi...

    Stan’s Answer

    There are some good answers here. In a nutshell, if the State can connect impairment of the ability to drive with the substances in your system, then a jury has evidence with which to convict you. Doesn't mean they will, but they can.
    Your question doesn't tell us anything about the evidence that your ability to drive was impaired. If you crashed your car, the State will undoubtedly point to that. That is why they ask you to perform the roadside physical tests, so they can argue your coordination was impaired.
    If there is sufficient evidence that you are risking a conviction at trial, then it's time to consider what kind of deal you can make for yourself. If there isn't, then trial is the way to go.

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  • If Found not guilty of felony charges, can I be convicted of 2 additional bail jumping chrgs on same case? If case dismissed?

    Did not knowingly/deliberately fail to appear for court date nor was bail forfeited. A warrant was issued and I Immediately came forward without arrest and felony warrant was quashed. Felony bail jumping charges were added almost 5 months after F...

    Stan’s Answer

    I won't say it's 'common', but it certainly happens that prosecutors file bail jumping charges even when they couldn't prove the underlying case. Often bail jumping carries more jail than the original charge did.
    Whether bail was forfeited doesn't matter, the statute says "Any person having been released by court order or admitted to bail with knowledge of the requirement of a subsequent personal appearance before any court of this state, ... and who fails to appear ... as required is guilty of bail jumping."
    There are a number of compelling defenses to such a charge, you should talk to an experience lawyer as soon as possible.

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  • If I miss a court fine and pay it a day late online? what will happen to me?will there be a warrant out for my arrest?

    I owed the court 25$ for my last and final fine for a dui. i was suppose to pay it on the 5th and i forgot because i thought i had payed it off already. i still ended up paying the 25$ online. what will the court do to me now and or police? will i...

    Stan’s Answer

    I agree, it is typically not a problem to be a few days late with a payment, especially if it's the last payment. But I would call the court clerk's office and ask them if everything is OK, that will probably ease your mind.

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  • Can I search for a public defender before my arraignment? at state of WA

    Can I look for a public defender in person by going to the courthouse before my arraignment.

    Stan’s Answer

    I have never seen a WA court appoint public defense prior to arraignment. And in most places, a public defender will refuse to speak to you prior to being appointed, because in the event you appointed a different lawyer, they don't want to give conflicting advice.
    If you want to talk to a lawyer prior to arraignment, it will almost certainly have to be a private attorney. Call and talk about cost and you may decide you want to hire a lawyer of your own choosing.

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  • Husband has 6 pending charges in kitsap county need sentencing range for 9 points

    charges are #1PSP first degree #2 Possession of stolen firearm #3 Unlawful possession of firearm (felon) first degree #4 Burglary Residential #5 Possession of stolen vehicle and #6 VUSCA meth

    Stan’s Answer

    I agree with that calculation on the unlawful possession. Range is probably 72 - 96 on the theft of firearm charge. I would need to review the Information to be sure.
    But be aware that if he has more than nine points, a judge gets much more latitude to deviate from the standard sentencing range and exceed it, AND be aware that the law presumes that the court order consecutive sentences on the firearms charges.

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  • I have been on probation for dui in Washington state for over six years and my original probation was five years. Is this legal

    I was on probation and left the state. When I came back my probation had expired but I was still kept under supervision. Is this legal?

    Stan’s Answer

    Possibly. Washington law allows a court to extend jurisdiction if there times when a warrant was outstanding, or in some cases even times when there are probation violations pending. You will need a lawyer to look through your particular case file to calculate whether there is jurisdiction remaining.

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  • What should I look for when hiring a dui lawyer?

    I live in Poulsbo, Wa and am in search of a dui lawyer for my brother-in-law, who is also a resident. I don't know the exact details since he is quite ashamed, so I just wanted to find some tips for when searching for one. I have found some good i...

    Stan’s Answer

    Good question. You will probably have to talk to (in person or by phone) more than one lawyer before you feel educated about hiring one. It is very difficult to distinguish lawyers by their phone book ads. Ask about price, ask what they think possible outcomes might be. You will be able to tell very quickly if they are knowledgeable in the field.
    Look for someone who practices regularly in the court where your brother in law's case is filed. I think it is bad practice to have a lawyer who isn't in that court all the time, and familiar with that court's way of doing things.
    I would also want to know how accessible the lawyer is; will you be able to reach him or her by email, for example.
    When it comes down to it, I think it is largely a comfort level. You want someone who can explain things without feeling the need to overwhelm you with legal jargon. You probably have enough life experience to spot genuine answers as opposed to rhetoric.
    And for the record, Matt Clucas at Tolman Kirk Clucas is very good. He is one of several in this county I fell comfortable recommending.
    Good luck.

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