James J White’s Guides

James J White

Tacoma Criminal Defense Attorney.

Contributor Level 16
  1. Getting that Pesky Dismissed or Vacated Charge off Your Record

    Written by attorney James White, about 2 years ago.

    That old charge that was dismissed or vacated still showing up on your record. Here is the argument to make: Pursuant to State v. Breazeale, 144 Wn.2d 829, 31 P.3d 1155 (2001) and State v. Riley, 143 Wash.App. 41, 177 P.3d 115 (2008), the court has authority to order that the Wa...

    1 person found this Legal Guide helpful

  2. Constructive Possession and Unwitting Possession

    Written by attorney James White, over 2 years ago.

    When law enforcement stops you in a vehicle you are presumed to have "dominion and control" over everything contained in the vehicle. This is a "rebuttable presumption" meaning the defense can put on evidence that the driver (or passenger) did not know the item/s were in the vehi...

    1 person found this Legal Guide helpful

  3. Were You Read Your Rights?

    Written by attorney James White, over 2 years ago.

    Police cannot manipulate the invocation of Miranda rights by simply delaying the time of formal arrest.[1] In order to trigger Miranda protections, the suspect must be taken into custody or otherwise be deprived of his freedom of action in a significant way.[2] Interrogation beco...

    1 person found this Legal Guide helpful

  4. So You Admitted You were Driving

    Written by attorney James White, over 2 years ago.

    Perhaps you were in an accident or had just parked your vehicle. For whatever reason, you are no longer in the vehicle when law enforcement arrives. When asked you admit you were driving or perhaps give details of the accident that show you must have been the driver. Then the Of...

    2 people found this Legal Guide helpful

  5. Do You Need to Intend a DUI?

    Written by attorney James White, over 2 years ago.

    This is taken from a legal brief I submitted to the City of Seattle in 2010. At common law it was said that to constitute a crime against human laws, there must be, first, a vitious will; and, secondly, an unlawful act consequent upon such a vitious will. State v. Eaton, 168 Wn.2...

    2 people found this Legal Guide helpful

  6. Stopped for Lane Travel

    Written by attorney James White, over 2 years ago.

    Any stop of an automobile by the police is a seizure under both state and federal constitutional analysis. State v. Ladson, 138 Wn. 2d 343, 350, (1999) citing Wash. Const. Art. I, 7; U.S. Const. Amend. 4; U.S. v. Colin, 314 F. 3d 439 (9th Cir. 2002) (citing United States v. Arvi...

    4 people found this Legal Guide helpful

  7. Field Sobriety Tests for DUIs

    Written by attorney James White, over 2 years ago.

    There are only three validly tested and nationally certified field sobriety tests (FSTs). The Horizontal Gaze Nystagmus, the Walk and Turn and the One Leg Stand. These tests, properly administered and taken as a whole, have some scientific value such that they can be a valid basi...

    2 people found this Legal Guide helpful

  8. How to Get the No Contact Order Dropped

    Written by attorney James White, over 2 years ago.

    A surprising number of people approach me for information on how to get a NCO dropped. There are two aspects to the answer. One is procedural and the other informational. That is to say, what is the actual process for getting the order dropped. The other is what information do I ...

    6 people found this Legal Guide helpful

  9. Top Ten Responses to Being Interrogated by Law Enforcement

    Written by attorney James White, over 2 years ago.

    "The Man" (be he/she man or woman) is towering over you. "He" dedicates half of hisday to working out and combat training. He's wearing armor and has: 1) handcuffs, 2) Mace Spray, 3) a taser, 4) a police baton and 5) a handgun. Just in case, he also has a shotgun in his "car" whi...

    2 people found this Legal Guide helpful

  10. What to Bring to Your Arraignment

    Written by attorney James White, almost 3 years ago.

    Your arraignment is your first appearance before the court. It is where you are formally informed of the charge and enter a plea of not guilty (please see other guides as to why your plea should almost always be not guilty but consult with an attorney about your specific situatio...

    3 people found this Legal Guide helpful

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