Christopher Taylor's Answers

If I post "No Trespassing" signs on my property, does it mean ALL uninvited people are trespassers?

A sign matters. Criminal trespass is defined as "knowingly enters or remains unlawfully in or upon premises of another." RCW 9A.52.080. So the two typical questions a jury would have to answer is whether or not the entry or remainder was "unlawful"--i.e. did the person entering have lawful authority to be on your property--and whether the unlawful entry or remainder was "knowing." The "unlawful" bit usually has to do with whether permission, implied or explicit, was granted. [It may also...

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How can police prove a telephone harassment case from a prepaid cell phone

What you're looking to find out is what evidence the government has against you. If you've already been to court and conditions of release were set by the judge--which in Mason County would usually be either Judge Meadows or Judge Steele, if it is misdemeanor telephone harassment, and either Judge Finlay or Judge Sheldon if it is felony telephone harassment--that means the judge found probable cause. In other words, the judge found at least some evidence against you. To find out what that...

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Ignition interlock requirement for deferred prosecution?

As you noted, the new statute (<a href="http://apps.leg.wa.gov/billinfo/summary.aspx?bill=1789&year=2011">1789-S2.SL) did not go into effect until September 1, 2011, after you had entered the deferred prosecution. "A statute is presumed to apply prospectively unless it is remedial in nature or unless the Legislature provides for retroactive application." State v. McClendon, 131 Wn.2d 853, 861 (1997). The new statute does not appear to be intended to apply retroactively; nor is the new statute...

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Do i have to pay for a parking ticket if the car is in my name ,but i was not driving it , and can prove i was at work

"It is a parking infraction...for any person to park a vehicle in a parking place reserved for persons with physical disabilities without a placard or special license plate." <a href="http://apps.leg.wa.gov/rcw/default.aspx?cite=46.19.050">RCW 46.19.050</a>(4). This particular "parking infraction" is considered a "traffic infraction." <a href="http://apps.leg.wa.gov/rcw/default.aspx?cite=46.63.020">RCW 46.63.020</a>. Failure to contest a traffic infraction after receiving notice results in a...

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What is the penalty in WA state for carrying a concealed pistol without a permit, in public? Can you be charged if with them?

"Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol." <a href="http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.050">RCW 9.41.050</a>(1)(a). "Any violation of any provision of this chapter, except as otherwise provided, shall be a misdemeanor and punishable accordingly." <a href="http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.810">RCW 9.41.810</a>. So, in answer to...

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If you are charged a felony in the State what makes the charge a federal issue for the feds to remove your right to bear arms.

The previous responder is actually incorrect on this issue. <a href="http://codes.lp.findlaw.com/uscode/18/I/44/922">18 U.S.C. s 922</a>(g) indicates "It shall be unlawful for any person (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;...to ship or transport in interstate or foreign commerce, or <i>possess in or affecting commerce, any firearm or ammunition</i>; or to receive any firearm or ammunition which has been shipped or...

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What is the standard rang for assault 2 and harassment in washington

Washington's Sentencing Reform Act places most felonies into "<a href="http://apps.leg.wa.gov/rcw/default.aspx?cite=9.94A.515">seriousness levels</a>." An Assault 2 is considered a IV. Harassment is either a III or a gross misdemeanor (i.e. not a felony), depending upon how it is charged. The standard range depends not only upon the seriousness of the crimes, but also upon the <a href="http://apps.leg.wa.gov/rcw/default.aspx?cite=9.94A.525">offender score</a>. The offender score depends upon...

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What do I need to remove felonies form my record in the state of washington?

The procedure for vacating the record of a felony conviction is set out in <a href="http://apps.leg.wa.gov/RCW/default.aspx?cite=9.94a.640">RCW 9.94A.640</a>. Depending upon what you were convicted of, it may not be possible to vacate those convictions, however. You cannot vacate a violent offense, or a crime against a person at all. You cannot vacate a class C felony until 5 years has elapsed since the discharge. You cannot vacate a class B felony until 10 years has elapsed since the discharge....

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Failure to Appear License Suspension in Washington State

"The department [of licensing] shall suspend all driving privileges of a person when the department receives notice from a court...that the person has...failed to appear at a requested hearing" related to a traffic citation or infraction ("other than for a standing, stopping, or parking violation"). <a href="http://apps.leg.wa.gov/rcw/default.aspx?cite=46.20.289">RCW 46.20.289</a>. If you fail to appear for a court hearing in a DUI case where your presence is required by the court, your...

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Right to own firearms achiveable?

Was the "dangerous weapon violation" the gross misdemeanor violation of RCW 9.41.250? Was the "dangerous weapon" involved a firearm, or some other type of weapon (e.g. brass knuckles, switchblade)? If no firearm was involved, you can safely say you have not been convicted of three or more violations of Washington's firearms' laws within a five-year period. If a firearm was involved, you may be on rockier footing. That said, not every question on the Spokane form (available at http://www....

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