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Law Office of James Oliver
602 Yakima Avenue
Tacoma, WA 98405
253-592-2812
James Edmund Oliver JRLaw Office of James Oliver
602 Yakima Avenue James' most recent Avvo Answers
Washington.
Criminal Defense.
Posted 8 months ago in Criminal Defense.
4 answers posted
Can the cops search my apartment whenever they want just because I live in public housing?
Posted 6 months ago.
Police cannot search your apartment without a search warrant unless the search falls under one of the exceptions to the warrant requirements. Common exceptions are permission to search, hot pursuit of someone who committed a crime running into your apartment, you committing a crime in front of a cop, etc.
Article I, Section VII of the Washington State Constitution provides greater protection than the federal Constitution. This means that cops need to convince a judge to issue a warrant, or the cop needs a reasonable articulable suspicion that you committed a felony, and an exception to the search warrant requirement exists.
Many cops will justify entry into a home on the basis of "community caretaking." This means that they are coming into your apartment to make sure that you're okay and not in need of assistance/help.
You may consider contacting the ACLU. http://www.aclu-wa.org/.
Good luck.
Washington.
Personal Injury.
Posted 8 months ago in Personal Injury.
3 answers posted
We have a cabin near Lake Chelan that keeps getting broken into. My husband is considering booby trapping it with a shotgun. This makes me nervous. If the gun shot ...
1 of 1 users found this helpful.
Posted 6 months ago.
Do not put a booby trap in your cabin. Every law student reads cases about "spring guns" or booby trap weapons. The law allows you to use as much force as is reasonably necessary to protect your life or health. You aren't allowed to use force to defend your stuff. Booby traps are illegal. http://srch.mrsc.org:8080/rcwwac/template.htm?view=mainresults.
Now if you are in your cabin and one of these jerks breaks in to steal your stereo, you can use as much force as is reasonable based on your subjective assessment of the situation. This is a lawyer's way of saying that if you think you need to kill someone in your home, and the facts tend to support your actions, the law does not impose upon you a duty to retreat.
I feel your frustration, but do not do anything which is likely to even injure someone at your cabin while you are away. You will be liable for all of the expenses arising from that injury, and that would such much worse than making another claim against your homeowner's insurance.
Washington.
Personal Injury.
Posted 8 months ago in Personal Injury.
2 answers posted
Over the weekend, a guy grabbed my wife’s chest in a bar and I punched him. I hear that I dislocated his jaw, and he is saying he can’t work. I also heard that he ...
1 of 1 users found this helpful.
Posted 6 months ago.
This is a question best answered by a lawyer with criminal defense experience. Fortunately, I’m that lawyer.
First off, a prosecutor would likely charge you with Assault in the Second Degree. http://srch.mrsc.org:8080/rcwwac/template.htm?view=mainresults. This felony counts as a “Strike” in Washington. If you have no prior felony history, the standard sentencing range is 3-9 months in jail. That means that a judge could sentence you to between 3-9 months in jail.
One of the recognized defenses to Assault 2 is defense of another. If you reasonably believed that your wife was being threatened by the guy you dropped (hereinafter, Jerk), then you were justified in hitting him. This defense relies heavily on facts.
If the Jerk grabbed your wife and ten minutes later you tracked him down to hit him, then you might not have much of a defense. It’s tough to say. Do not contact the police. Do not discuss this with anyone but a criminal defense attorney.
Your insurance company would not likely cover this event as “intentional” acts are not covered. Only “accidents” are covered by insurance. An accident is basically an event over which you had no control. Punching a Jerk is not an accident.
If you were not reasonably defending your wife’s safety, you are potentially liable for the Jerk’s medical bills, pain and suffering, and lost wages. You are arguably also responsible for his wife’s loss of consortium during the time he was injured. This means you would have to pay for the loss of intimacy resulting from his injuries.
If you are charged with Assault, go to trial and win, and the jury finds that you reasonably defended your wife, the State has to pay for your defense. (http://srch.mrsc.org:8080/rcwwac/template.htm?view=mainresults) This isn’t a gamble you generally want to take.
Do yourself a favor and speak with a criminal defense attorney. I’m not the only one who gives free consultations. Call a lawyer you trust and immediately schedule an appointment.
Good Luck.
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