Cristine Beckwith’s Answers

When you are arrested for DUI, there are two sides to the case: the court side and the department of licensing side. After your arrest, the police will send a copy of the report to the department of licensing and to the prosecutor's office. If you do not request a hearing with the department of licensing within 20 days, your license will automatically be suspended. Most public defense attorneys do not do department of licensing hearings. If the prosecutor charges your case, you are facing 364...

Miranda warnings inform defendants of their right to remain silent and their right to an attorney. They are designed to protect a defendant’s right not to make incriminating statements while in the potentially coercive environment of police interrogation. A defendant is entitled to receive Miranda warnings only when he is in custody and subject to interrogation. If you were interrogated after your arrest without being advised of your Miranda rights, it may be possible for your statements to...

You should definitely speak to your lawyer about these questions - that is what he/she is there for. Under RCW 9.94A.650, you may be eligible to waive the imposition of a sentence within the standard sentence range if you are a first time offender.

Hello, you could possibly be charged with furnishing liquor to minors under RCW 66.44.270. The charge is gross misdemeanor which carries with it a maximum sentence of 364 days in jail and a $5000 fine. Depending on the facts of the case and your criminal history (which you indicate is nothing), an attorney could most likely negotiate a resolution that results in a reduction or dismissal of the charges.

Hello, you can be charged with a DUI if (1) you blow over .08 OR (2) you were affected by alcohol/drugs. This means that you can be charged with a DUI even if you are under the legal limit. If you were driving poorly or performed poorly on the field sobriety tests, the prosecutor may charge you. As an alternative to DUI, the prosecutor could also charge you with Negligent Driving in the 1st degree. It is in your best interest to contact an attorney. Best of Luck

Hello, DUIs are calculated by the incident date, so this would be considered your second. The mandatory minimum for a second offense can be anywhere from 30-45 days in jail. The maximum is a year in jail. The officer should have given you paperwork from the department of licensing. You only have 20 days to request a hearing and if you do not, your license will automatically be suspended. You should contact an attorney as soon as possible to make sure that your rights are protected. Good luck.

Given that the merchandise was under $250, you have most likely been charged with Theft in the third degree under RCW 9A.56.050, which is a gross misdemeanor and carries a maximum sentence of 364 days in jail. The court date that you missed was most likely your arraignment date. Since you failed to appear, a warrant was probably issued. You definitely want to speak to an attorney to help you get the warrant cleared up. Once you return to court, your attorney can try to negotiate a resolution...

Hello, if your attorney is able to convince the prosecutor that there are enough legal issues harmful to the state’s case, the case can be dismissed at pre-trial status. If the prosecutor still believes his/her case is strong despite the evidence, your attorney can set the case for a motions hearing, where both parties argue the issues in front of a judge. If the judge does not find in your favor, the case can be set for trial (if you do not accept the prosecutor’s offer). At that point, the...

Hello, the pretrial hearing is an opportunity for you or your attorney to speak with the prosecutor about your case and try to negotiate a resolution. In most cases, if you enter into a plea, the judge will give you time to complete certain conditions (like get an alcohol/drug evaluation, complete community service, or pay the fine). The judge will also usually give you a report to jail date to serve your time so that you do not have to be taken into custody that day. Each court is different...

It sounds like your boyfriend was convicted of a DUI and placed on the typical five years of probation. Any of the maximum 364 days he could have spent in jail (if this is a misdemeanor) that he did not actually spend in jail are suspended during his time on probation. (So if he only served 2 days in jail, he has 362 days in jail suspended). In order to keep the jail days suspended, he has to abide by certain conditions. These conditions are usually: not drive without a valid license and...