Angela Horwath's Answers

What are possible consequences for 4th degree assault in WA state

The maximum sentence for a Domestic Violence Assault 4 is 1 year and $5,0000. There is no mandatory minimum sentence. Because you do not have a criminal history, an attorney may be able to prevent you from having to serve any jail time as well as prevent this from tarnishing your record forever, especially if your wife does not wish for you to be prosecuted criminally. The best thing that you can do right now is stop talking about the incident, attend all court hearings, get an attorney on...

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WA criminal code, penalties for giving alcohol to a minor

Under RCW 66.44.270 Furnishing Liquor to Minors is a Gross Misdemeanor. Which means that the maximum sentence is 365 days in jail and a $5,000. If charged, the actual sentence will depend on criminal history, and the allegations.

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WA state speeding and traffic ticket laws, contesting suspended license due to driving in HOV lane ticket

This is a situation where it might be best to get an attorney on board if at all possible. Your license was likely suspended because the court that required payment of the ticket issued a failure to appear to the department of license. If you prefer to handle it on your own you should start by contacting the court that was handling the ticket. If you don't know which court that is then you can contact DOL for that information. Good luck!

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Got pulled over and cop said he would mail me ticket for driving without license.

Yes it is quite common for a cop to mail the ticket to you (make sure that your address is correct with the Department of Licensing). And yes it will be helpful for you to have your license before you go to court.

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If my case was deffered and dismissed do I have to check yes on convicted of a misdemeanor

Deferred is term that is used for several different types of resolutions. If you mean that you plead guilty and the sentence was deferred then yes you have been convicted of a misdemeanor (assuming that was the charge). If you did a continuation with out finding, stipulated order of continuance (sometimes referred to as "other deferred") then you probably do not have to mark yes on the conviction question. Go back to your court paperwork and determine what type of resolution you entered into.

Can a police officer give a breathalizer test on a minor without consent?

If you are talking about parental consent the answer is yes. However, portable breath tests are voluntary and should not be given without the individual's own consent.

3 yrs into my deferred prosecution in WA state. Transferred to another state in '08. Is early termination possible?

Unfortunatly, the 5 year court monitoring is statutory and cannot be shortened. Typically the last 3 years of your Deferred Prosecution has minimal supervision by probation. Whether or not you can move out of State would depend on your specific situation and certainly depend on whether or not you have completed two years of treatment. I would suggest that you talk to the attorney that helped you enter into the deferred or hire a new one to work this all out.

Charged with mal. mis. in the 2nd - what charges could i be looking at?

I agree with Ms. Anderson. The only thing I would add would be that a class C felony carries with it a maximum sentence of 5 years in jail and a $10,000 fine.

What evidence would a prosecuting attorney need to file phone harassment charges?

First of all, you shouldn't speak about this situation on a public forum like avvo. The best thing to prepare for the arraignment is to have a consultation with an attorney. The elements of harassment are: (a) Without lawful authority, the person knowingly threatens: (i) To cause bodily injury immediately or in the future to the person threatened or to any other person; or (ii) To cause physical damage to the property of a person other than the actor; or (iii)...

Trespassing laws in Washington State

Under RCW 9A.52.080 (1) A person is guilty of criminal trespass in the second degree if he knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree. (2) Criminal trespass in the second degree is a misdemeanor. If you get charged with trespass you should most certainly contact an attorney to discuss your options. In the mean time, make sure your address is correctly listed on you driver's license.