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Shane M Silverthorn

Shane Silverthorn’s Answers

47 total

  • I received a criminal citation for rcw 77.15.290 1b, failure to affix tag. I forgot to attach my elk tag to my elk this year at

    I have been hunting for over 30 years, I have never received any citation, I don't even have a traffic ticket.

    Shane’s Answer

    I have handled big game cases in Kittitas recently. You should be eligible for a stay of proceedings, which is basically a slow dismissal. Also an attorney should look at the facts of your case to find weakness in the State's case. Often I find that the Fish and Wildlife officers make mistakes with Miranda warnings and sometimes searches of vehicles.
    Feel free to call for a consultation. 509-594-4949
    Shane Silverthorn

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  • Unlawful or lawful stop?

    I got pulled over last night for defective license plate lamp rcw . thing is my license plate lamps effectively illuminated my plates. Officer said because my lamp was not in protective lens he pulled me over.lens are standard on my 19...

    Shane’s Answer

    Your thoughts about the stop are right on point. The reason for the stop is very technical. If your license plate light is factory equipment, you have a good motion to suppress evidence based on the lack of probable cause to stop you.
    If you are looking for an attorney to represent you, I practice criminal defense in your area.

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  • Search warrant was granted to arrest me for failure to pay L.FO. The LFO criminal offense is wrong.can i get it thrown out?

    On the search warrant the reason for the the LFO payment says one thing, but i have never been convicted of that crime.My wife was convicted of that particular offense on the warrant.My wifes name was not on the search warrant.My felony wRrant was...

    Shane’s Answer

    Kittitas County and other Counties do issue warrants for failure to pay legal financial obligations. But it sounds like they made a serious mistake and if you were booked into jail on that mistake it could be false imprisonment.
    You didn't meantion that the police found evidence of a crime, but as others have said, if so you definitely should have an attorney because arrest warrants have much less scope for searching a residence than a search warrant. And the probable cause for a search warrant could be seriously lacking.
    But unless I was able to read the warrants and discuss it with you further I couldn't be sure of your situation.
    Good luck.

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  • I had a felony in california in 1998 and have since had my record expunged. Can i have a gun now and or a concealed permit ?


    Shane’s Answer

    Recently the Feds have been denying firearm purchases even when certain convictions have been vacated - mostly with regard to DV convictions.
    The easiest thing to do is go into your county sheriff or police station if you live in the city limits and apply for your concealed carry permit. You may want to take a copy of your order vacating the felony in case they want a copy.
    If that works try to buy a gun. If you can't achieve one or both of those goal hire a local attorney to help.

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  • Do i need a criminal lawyer being charged with a theft felony

    I have no criminal record or past. I signed papers that said i admitted to $6000 worth of theft.

    Shane’s Answer

    As my colleagues have mentioned, it is a good idea to hire experienced defense counsel. A signed confession is always a difficult issue to deal with. However, since you have no criminal history there are still ways to work out a resolution to keep you from getting a felony conviction. If you have the ability to pay restitution there is a felony diversion program in Yakima County that may work for you. The unofficial cap is $5,000, but if you can pay it down below that figure you can still qualify. The end result of a diversion is dismissal of the charges against you. There are other programs that may work for you as well.
    Until an attorney gets all the police reports and other information on your case it is difficult to determine if you may have other defenses or motions that may help your case.
    Fell free to contact me if you wish.

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  • My fiance got arrested on 1-22-15 it's said he is being charge for other agency hold. What does that mean and will he be out?

    Is says he had a warrant in another city will he be out soon?

    Shane’s Answer

    You should call the Yakima County Jail and ask what agency has a warrant for his arrest. You can also Google "washington courts" and select name search to see what cases he has.
    You could also hire an attorney to look into the matter. It may be an old case which he missed a hearing, or it could be a new charge.
    If he calls you should tell him not to talk to police and demand an attorney.
    Feel free to call if you have more questions.

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  • How to get a formal "Order of Dismissal" document at district court in Washington?

    Guilty Plea on Disorderly Conduct and enter into Deferred Sentence and later Dismissal after 2 years as per Washington State Law without a formal order of dismissal. How can I get formal dismissal order, that needs for immigration as a supporting ...

    Shane’s Answer

    The answers already given should work for you, asking the clerk, getting the docket and the like. If you find the immigration court requires an order, you can note a motion for an order of dismissal and present one - back dated to the date of the dismissal as indicated on the docket.
    It is common in Yakima District Court that an order of dismissal is entered - but it may depend on how long ago your case ended.

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  • Have a warrant from 7 years ago in kittitas county for dwls 3rd and obstructing a police officer, will i go to jail?

    i have set a court date for the 20th but am nervous of going to jail any insight? I have never been in this position.

    Shane’s Answer

    You can hire an attorney to see if he or she can work out a resolution of your case before the 20th. Or you can try to do it yourself by calling the Kittitas County Prosecutor's office. Ask which prosecutor is assigned to your case and then ask to speak with him or her.
    Ordinarily there isn't much or any jail time in a resolution for DWLS 3.
    But that judge does put people with warrants in jail - even on simple cases.

    Shane Silverthorn

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  • Can I still get charged with a DUI if the court lost my breath analysis?

    The county does not process a copy of my breath analysis. The only evidence they have is the sobriety test conducted in the field.

    Shane’s Answer

    You can still be charged with a DUI without the breath ticket, but it greatly improves your chances for a good outcome on your case. Without a breath ticket the State has to prove that you drove a motor vehicle after consuming alcohol or other intoxicants, and your driving was affected to an appreciable degree. The officer can testify as to the voluntary field sobriety tests, your driving, and other observations that he made.

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  • DUI in Pierce County - is Deferred Prosecution available for a first time DUI? The BAC was .02

    I just left a great dinner with friend - and had a fender bender with another car. Do I have the option for a deferred prosecution instead of the Dui?

    Shane’s Answer

    You do have the option of entering a deferred prosecution if you have an alcohol problem and believe that your alcohol problem contributed to your DUI charge. Also, you must believe that without treatment you will likely commit another DUI or other crime because of your alcohol dependency.

    However, you only get 1 deferred prosecution in your lifetime. So its usually not a very good idea to use it on a first time DUI. You should consult an attorney before you consider doing a deferred. Your best bet is to hire someone who does DUI representation. If you have a public defender you should ask him or her.

    A BAC of .02 is very very low and is not high enough to prove you were DUI, unless you are under 21. In that case .02 is the legal limit. The penalties for a minor DUI are not as severe as an adult DUI. If you are charged with minor DUI, a deferred prosecution is really not needed.

    It is highly likely you can get out of this without a DUI conviction, if you have adequate counsel to represent you.

    Good Luck

    Shane Silverthorn

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