Skip to main content
James Edmund Oliver JR
Avvo
Pro

James Oliver’s Answers

270 total


  • I was recently cited for carrying a loaded firearm in my vehicle RCW 9.41.050 (2).

    I have read RCW 9.41.098 and it states "(1) The superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm which is proven to be: (a) Found concealed on a person not authorized by RCW 9.41.0...

    James’s Answer

    Why did they pull you over? I have successfully fought firearm forfeitures in DUI cases, which is where we usually see a "gun grab". There are a number of Gun Sites (pun intended) that have advice on gun issues. Here is one: http://amgoa.org/Washington-Gun-Law-Attorneys. Of course, I'm a bit biased as I am one of their listed attorneys.

    See question 
  • Can I get bail jumping if I have since turned myself in and paid bail again and have showed up to every court date?

    I was charged with poss stolen property 2nd degree back in 2010, I bailed out and missed a court date which resulted in warrant, i ran for 2 1/2 years and never got picked up again, however, i turned myself in and paid bail again and since then ha...

    James’s Answer

    Sadly, Bill jumping has absolutely nothing to do with bail. Bail jumping is a separate felony that can be charged if you miss a court date that you were supposed to appear at.

    See question 
  • Can one attorney help me with cases in three different cities?

    I have warrants from Auburn, Kent and Redmond. Can one attorney help me with all of my cases, and is it possible to pay a flat rate for those services? I am worried that I can't afford an attorney.

    James’s Answer

    I agree with my fellow attorneys. Call around and speak with several different lawyers. Find the one you like, and hire him.

    Some courts will quash the warrants without you, but some require you to appear first. Depending on the warrant amount, you're probably better off having an attorney schedule the quashes. It is not uncommon for court clerks to have people arrested at the counter as they ask for a quash.

    Good luck!

    See question 
  • Speeding ticket.

    Was heading to WSU from Colfax. Was written up for 65 in a 60. WSP said actual speed was 72. Both vehicles were in moving towards each other. Question is how accurate are their SMD (Radar) when both vehicles are moving towards each other. There w...

    James’s Answer

    Mr. Lawrence is exactly right. There are a number of things the cops have to do, the SMD technician has to do, and that have to be properly documented.

    You need to start by asking for a copy of the discovery. Review it for obvious errors. Unfortunately, it's not real easy to give you all the different things to look for in order to keep out the evidence of your speed.

    Find an experienced Traffic attorney. Good luck.

    See question 
  • Can man with protective order on him legally get married?

    I have a protective order on an ex boyfriend, can he, by law, get legally married to another woman in wsington state?

    James’s Answer

    A protection order, by itself, will not prevent somebody from getting married. Of course, he would not be able to marry you.

    See question 
  • What is a reasonable settelment amount to ask for in a personal injury claim

    I was severely rear ended in Tacoma WA I stopped at a stop sign I was not in a clear view i inched forward until I was able to see on coming traffic as I was looking to the left I was struck it caused my vehicle to move partially into the lane of ...

    James’s Answer

    Well, I have to agree with each of the above answers. It is absolutely impossible to predict what an appropriate settlement amount would be for you.

    Another piece of the puzzle that no one else has mentioned is your knowledge of personal injury law, court rules and medicine. The higher your skill level in those area, the greater the potential settlement.

    Any insurance defense attorney will tell you that they would rather negotiate settlement with the victim than with a skilled personal injury lawyer. I, and every other lawyer here, can tell you stories about insurance companies taking advantage of victims until a lawyer gets involved.

    Call around. We, like everyone else in town, offer free consultations and contingent fee agreements. That means the attorney only gets paid when you do. Many of us would also offer after hours appointments, and would travel to your home to meet with you.

    Good luck!

    See question 
  • Wise to represent myself?

    I was pulled over in may, for speeding. I had a couple beers at the club even though I was the DD. I was a .0066 over the limit. At the station I was almost a whole 10th below the legal limit for the real BAC test. Never issued a citation, was tol...

    James’s Answer

    I'm sorry to hear about your legal problems. Because DUI law is very complicated you should definitely start looking for an attorney.

    In Washington state you do not have to be over the .08 limit to be convicted of drunk driving. The state may also be able to show that your driving was substantially impaired by intoxicants. If the state can prove that, then you can be convicted of drunk driving.

    Probably the biggest reason why police ask drivers to perform field sobriety tests is so that later on there is proof of impairment. Unfortunately, there is no way to prove that you did well on the field sobriety tests. It is purely the cop's opinion.

    An experienced DUI attorney, like those in our office, can look at the field sobriety tests, and the circumstances surrounding your stop, and determine the best way to fight your case for you.

    A DUI conviction can result in a 90 day license suspension, and restricted travel to Canada. Of course, it will also affect your insurance rates.

    See question 
  • Reckless driving from accidentally sliding around an 85% turn in the rain, in an 80s van? How-to ffight this ticket

    Since the rcw definition of reckless says intentional & wanton (& it was accidental & actually startled me while turning around that corner from one of my stops (i pick up signs about 40ft awayfeom each other..which means I'm stopping on the shoul...

    James’s Answer

    Start interviewing lawyers. Most lawyers, like those in our firm, do not charge for a consultation. We can meet with you after hours and weekends, too.

    We have two former Pierce County District Court prosecutors, and my partner and I have years of experience defending against reckless driving charges. Unless you have an extensive bad driving history, I don't see a reckless driving conviction in your future.

    Good luck!

    See question 
  • Upcs, upcs w intent

    was arrested after i woke up in my car to a cop opening my door reading my rights to me. long story short i said i want to speak to my attorney, i was arrested right there searched they found rx meds on me in different bags because two different b...

    James’s Answer

    Sorry to hear about your legal problems. Unfortunately, nobody can tell you what your sentencing range would be without knowing your prior felony history. The more felony convictions, the higher your potential range.

    Further complicating things is the fact that the State can also ask for an additional one year in custody "School Zone Enhancement" if you were within 1000 feet of a school, or school bus stop.

    I would be curious about whether they can prove you were dealing. They need to show more than just possession of drugs. Money, business notes, text messages, etc. can be used to prove dealing.

    My initial question would be whether the cop even had a good reason to arrest you. If not, the evidence seized may have been illegally obtained. If so, a skilled defense attorney might be able to get that evidence kicked out.

    If you let me know who the assigned prosecutor is, I can give you more info.

    Good luck!

    See question 
  • Can paying restitution for damages from a theft, before a trial occurs be used against the defendant?

    I have been charged with a misdemeanor theft charge. I want to pay for the damages I made to the property owner immediately. Is there any way doing so could be seen as a negative thing in admitting any guilt or other ways when the case comes to ...

    James’s Answer

    Paying restitution might allow a dismissal if the victim will agree to a Compromise of Misdemeanor. However, I can be used against you, too. I would need more info about your case.

    See question