Sean M Downs’s Answers

Sean M Downs

Vancouver Criminal Defense Attorney.

Contributor Level 4
  1. 1st DUI in WA with kids in vehicle. BAC .104. How can I get it reduced? Can I reduce it when kids were in the vehicle?

    Answered 11 months ago.

    1. Sean M Downs
    2. Patrick Owen Earl
    3. Jessica Lorene Campbell
    4. Christopher Daniel Leroi
    4 lawyer answers

    There is no prohibition on amending a DUI charge if you have prior offenses and/or kids in the vehicle, although it may be more difficult to get that amendment. Your prior DUI is outside of the 7 year window, so the mandatory minimum jail time would be 24 hours in jail if you were convicted as charged. If the prosecutor can prove that you had a passenger under the age of sixteen years old in the vehicle then the court would be required to sentence you to an additional 24 hours in jail under RCW...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Can you be charged with making a false statement to a police officer who doesn't identify himself as such?

    Answered 12 months ago.

    1. Sean M Downs
    2. Thuong-Tri Nguyen
    3. Jared Seth Robinson
    4. Daniel Matthew McLafferty
    5. Rafael Schwimmer
    5 lawyer answers

    The crime of making a false statement to a public servant is enumerated in RCW 9A.76.175. The statute requires (1) making a false or misleading statement to a public servant; (2) the statement must be material; and (3) the defendant must know both that the statement was material and that it was false or misleading. "Material statement" means a written or oral statement reasonably likely to be relied upon by a public servant in the discharge of his or her official powers or duties. I would...

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  3. Can I get a felony vacated if it's on the same cause number as a dui? I'm not trying to do anything with the DUI

    Answered 12 months ago.

    1. Vitaliy Kertchen
    2. Sean M Downs
    3. Derek Anthony Patrin
    3 lawyer answers

    The statute that addresses vacating felony offenses is RCW 9.94A.640. There are seven requirements that need to be met under subsection (2) in order to be eligible to vacate a felony. Subsection (2)(g) of that statute and RCW 9.96.060 indicate that DUI and Physical Control convictions cannot be vacated. However, that should not prohibit you from vacating the associated felony conviction. The felony count would end up being dismissed and the DUI count would remain as a guilty finding. Just be...

    4 lawyers agreed with this answer

  4. Community custody beyond max date

    Answered 5 months ago.

    1. Sean M Downs
    1 lawyer answer

    RCW 9.94A.701 addresses community custody for prison sentences. If 36 months of community custody was imposed, then the original offense was either a serious violent offense or a non-ISRB sex offense, so it's possible that you were convicted of a Class A, B, or C felony. The statutory maximum sentence for a Class C felony is 5 years in prison; the maximum for a Class B felony is 10 years in prison; the maximum for a Class A felony is life in prison. The total punishment, including imprisonment...

    1 lawyer agreed with this answer

  5. Sexual acts with 17 year old at the age of 20 in the state of washington

    Answered 12 months ago.

    1. Sean M Downs
    2. Vitaliy Kertchen
    2 lawyer answers

    "Sexual intercourse" has a specific statutory definition under RCW 9A.44.010(1); it includes the ordinary meaning of intercourse, any penetration by an object, and oral sex. Generally speaking, the age of sexual consent in Washington is 16 years old and there is no requirement to get a parent's approval. However, communication with a minor for immoral purposes under RCW 9.68.090 is prohibited. If this is accomplished through the sending of an electronic communication, then this would elevate...

    1 lawyer agreed with this answer

  6. What is the charge for brandishing a weapon (knife) ? In a bar?

    Answered 12 months ago.

    1. Sean M Downs
    2. Patrick Owen Earl
    3. James Regan
    4. Robert Jason De Groot
    5. Peter John Marek
    5 lawyer answers

    You could potentially be charged with the gross misdemeanor offense of unlawful display of a weapon under RCW 9.41.270. That statute indicates that "[i]t shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants...

    1 lawyer agreed with this answer

  7. What are 2nd degree assault sentencing guidelines in Washington state if the defendant has 2 points?

    Answered 12 months ago.

    1. Patrick Owen Earl
    2. Vitaliy Kertchen
    3. Sean M Downs
    4. James Regan
    4 lawyer answers

    I agree that the standard sentencing range for Assault-2 with an offender score of 2 is 12 months and a day to 14 months. However, I would add that certain prior offenses are not included in the offender score if the person has spent the requisite amount of time in the community without any new convictions since release from confinement. See RCW 9.94A.525(2). For example, Class B felonies that are not sex offenses "wash out" after 10 years. Therefore, the defendant's offender score could be as...

    1 lawyer agreed with this answer

  8. My husband was arrested for unlawful imprisonment, on the 22nd but yet he did not in anyway stop me from leaving or answering

    Answered 12 months ago.

    1. Daniel Matthew McLafferty
    2. Adrian Martinez Madrone
    3. Sean M Downs
    3 lawyer answers

    If your husband has a defense attorney, I would consult with him/her about how best to approach this situation. Since you are the listed victim and this is considered to be a domestic violence incident, you will probably be put in touch with the prosecutor office's victim's advocate. In Spokane County, that person will be Chanci Lopez. Be aware that even if you relay the above information to the defense attorney and the victim's advocate it does not necessarily mean that your husband's case...

  9. How long is my boyfriend looking at? Felony forgery charge

    Answered about 1 year ago.

    1. Vitaliy Kertchen
    2. Aaron J Nielson
    3. Sean M Downs
    4. Lauren Elizabeth Goodhart
    4 lawyer answers

    Forgery is a Class C offense in Washington State, which carries a maximum penalty of 5 years in prison and $10,000 fine. The standard sentencing range is dependent upon the defendant's offender score, which is determined by prior criminal history. For example, a defendant with no prior felonies is looking at a standard range sentence of 0-60 days in jail, whereas a defendant with nine prior felonies is looking at a standard range sentence of 22-29 months in prison. Forgery requires the...