Kent W Underwood’s Answers

Kent W Underwood

Tacoma Criminal Defense Attorney.

Contributor Level 10
  1. My son wants to be set temp free on Recognizance

    Answered over 1 year ago.

    1. Kent W Underwood
    2. Carl A Munson JR
    3. Shawn B Alexander
    4. Patrick Owen Earl
    4 lawyer answers

    It is certainly possible for your son to be released on his personal recognizance. All he has to do is set a conditions of release hearing under CrR 3.2. He should read the rule carefully and address the factors specified in 3.2(c) Relevant factors--future appearance, and (e). (But don't ignore the rest of the rule.) He should also be aware that the State often will argue that there must be a substantial change of conditions before bail or conditions of release are re-addressed. If bail and...

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  2. What are possible consequences for a drug possesion/delivery charge (VUSCA), in WA state?

    Answered over 2 years ago.

    1. Kent W Underwood
    2. Teresa Lynn Border
    3. Jeffrey L Kradel
    3 lawyer answers

    The standard sentence range is 12+ - 20 months in prison, fines and costs around $1,100.00, drug evaluation and follow-up treatment, no unlawful use or possession of controlled substances, no association with drug users or sellers, loss of firearm rights, up to 12 months community custody (probation), stay out of drug areas. There are various ways to resolve these kinds of cases, usually involving drug treatment, and it is possible to resolve with no or limited actual prison time, such as drug...

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  3. Is getting your bail amount reduced mean good things for your case/trials?

    Answered about 2 years ago.

    1. Michael Steven Clark
    2. Kent W Underwood
    3. Kelsey E Ault
    4. Carl A Munson JR
    4 lawyer answers

    Just to clarify a little so that you have a realistic idea of what may happen. Your fiance's lawyer is not going to actually reduce the bail. He is going to ask the judge to reduce the bail amount. So the lawyer can't know what the amount will be. The lawyer will ask the judge to reduce the bail to a particular amount. In requesting a certain amount of bail, the lawyer will likely talk about your fiance's ties to the community, the reasons for the reduced amount of bail, your fiance's...

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  4. Police took key from my hand and opened trunk of the car with out my permission.car was seized and drugs found .am i screwed?

    Answered about 2 years ago.

    1. Kent W Underwood
    2. Aaron Lukoff
    2 lawyer answers

    I am assuming you are in state court. A locked trunk is protected under art. 1 sect 7 of the Washington State Constitution. The police need a warrant or exigent circumstances to open a locked trunk. In the situation you describe it does not appear that the police have either. It appears you have a good suppression motion. You should consult a lawyer experienced in search and seizure issues.

    8 lawyers agreed with this answer

  5. If I am not charged or convicted of MIP, will the MIP citation still break my diversion agreement?

    Answered about 2 years ago.

    1. Kent W Underwood
    2. Aaron Lukoff
    3. Andrew C Huff
    3 lawyer answers

    Unfortunately, it could be considered a violation of your deferred sentence. For a violation or revocation the standard is whether the judge has a reasonable belief that a violation has occurred. However, your attorney can negotiate with the prosecutor and try to come to an agreement that will not violation the terms of your suspended sentence. The actual resolution of the deferred sentence will likely depend on the prosecutor and which judge you are in front of. Good luck.

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  6. Prosecutor wants to revoke my stipulated order of continuance, what are options?

    Answered over 1 year ago.

    1. Kent W Underwood
    2. Adrian Martinez Madrone
    3. Ronald Alan Hammett
    4. Philip G Sayles
    5. Patrick Owen Earl
    5 lawyer answers

    Do you still have a lawyer? If so, you can object to the revocation through your attorney. You attorney can explain the following. If you qualify for a public defender, you can ask to have one assigned. Be prepared to explain why you missed one hearing and why you were late to another. You can argue that the violation does not involve drugs or alcohol, but rather being late and/or missed hearing. If you have a good reason why you missed the hearing the judge is likely to be lenient., expecially...

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  7. Cops came to my house but did not cite or arrest me. Can they do it later?

    Answered about 2 years ago.

    1. Kent W Underwood
    2. Lennard Anthony Nahajski
    3. Barbara Ann Bowden
    4. Andrew C Huff
    4 lawyer answers

    Did law enforcement talk to you? Regardless of whether they did, LE will likely write a report that will include the 911 call and then what the officer did, which was to go to your house. They will likely include in their report that you were in the house, possibly asleep, and that there was a car running in the driveway that matched the description and license plate of car that looked like it was being driven by a drunk driver. LE will likely forward that report to the prosecutor for a...

    7 lawyers agreed with this answer

  8. Does a separate search warrant need to be issued for a safe box located inside a car that is being searched?

    Answered about 2 years ago.

    1. Kent W Underwood
    2. Teresa Lynn Border
    3. Joshua Sachs
    4. Benjamin J Lieberman
    4 lawyer answers

    Are you in state court or federal court? Under the Washington Constitution there are heightened protections when compared against the US Constitution. Look at the scope of the search that is permitted under the warrant. If locked containers or safes are listed, a more difficult argument, but if not listed then arguably the search exceeded that permitted by the warrant. However, based on what you said you may have a challenge to the whole warrant. If your daughter was arrested for eluding, and...

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  9. How can I get this Suspended over turned or what do I do?

    Answered over 1 year ago.

    1. Kent W Underwood
    2. Anna K. Woods
    3. Keith Robert Hall
    4. Jessica Lorene Campbell
    5. Heather Rogers Straub
    5 lawyer answers

    6 years for a single driving on suspended license in the first degree? No other charges? The procedure that you outline seems very improper. DWLS 1 should have max sentence of 364 days. The prosecutor, defense counsel, witness and judge should not be meeting in chambers to discuss case. This is a violation of the open courtroom requirement. You need to be told on the record what your appeal rights on and the time limits. Possible ineffective assistance of counsel. Possible open courtroom...

    6 lawyers agreed with this answer

  10. Subpeonaed to be a witness in a felony trail. I'm unwilling, can I refuse?

    Answered over 1 year ago.

    1. Kent W Underwood
    2. Anthony Michael Solis
    3. Patrick Owen Earl
    4. James Regan
    4 lawyer answers

    The short answer: Yes, you can hire your own lawyer. Your situation looks a bit like a law school exam question that is full of issues. It is impractical to cover all the aspects in this short answer, but here are some considerations. It is possible that the prosecution could obtain a material witness warrant, have the witness held in custody until a hearing is held to set bail and/or conditions of release. The prosecutor could have an uncooperative witness appear and be forced to testify or...

    6 lawyers agreed with this answer