Robert S. McKay's Answers

Crime definition

Libel and Slander are subsets of "Defamation of Character", which is a civil cause of action and not a crime.

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Drug possession

The previous answer to this question in this section is incorrect; THERE IS NOT WASHINGTON STATE LAW PROHIBITING THE MERE POSSESSION OF DRUG PARAPHRENALIA!!. Period. There is a substantial body of caselaw from the Washington Supreme Court to this effect. The statute which is mentioned in the other answer to this question applies only to the "use" of paraphrenalia, and that "use" must actually be observed by the police officer in order to make an arrest, since a misdemeanor must almost always be...

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Is it possible to have a felony removed from your record?

Whether you can expunge/vacate this conviction depends upon whether it was a Theft First Degree or Theft Second Degree. Theft First Degree is a Class B felony, which requires spending 10 years crime free in the community after completing your sentence and probation. In that case, you are four years shy of being eligible for an expungement of this conviction. If it was a Theft Second Degree, you would be eligible because that offense is a Class C felony which requires only five crime free...

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Pot

While Mr. Clark's answer is correct, there is one important thing to note; it does not matter under the statute whether one intends to "sell" the pot or not, merely that one intends to "deliver" it. So, if you're turning your friends on for free and not taking any money in exchange, the criminal charge remains the same, although the civil forfeiture penalties described by Mr. Clark would kick in if there is evidence that it is a commercial operation.

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Plea agreement

In Washington State, the "no lo contendre" or "no contest" plea is not recognized. Instead, we have what is referred to as an "Alford" or "Newton" plea, which allows the Court to refer to portions of the pleadings called a "Certification of Probable Cause" or to selected portions of police reports to determine whether there is a basis in fact to accept your plea of guilty without an actual admission of guilt on your part. Although not actual admissions of guilt, Alford or Newton pleas carry the...

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Pot

There was a brief time years ago when sanity prevailed in Canada and the consumption of marijuana was de-criminalized. The same was once true in the great state of Alaska. However, both northerly neighbors have re-criminalized pot consumption, even though dozens of scientific studies and the ABA have come out in favor of legalization.

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Three strikes

Washington adopted the nation's very first "three strikes" law by referendum over a decade ago. The list of offenses which qualify as strikes, however, are not the same as those which qualify in California. Washington also has a "two strikes" law which applies only to certain sex offenses. Both will result in mandatory life sentences for defendants who are found guilty of a third or second strike, respectively.

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Fee for criminal lawyer

No. What you are talking about is a "contingency fee", which may be applied only in certain types of civil cases.

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Buying wine for kids

Under Washington law, it is not illegal to provide alcohol to your own children while under your supervision in your own home (this doesn't mean someone else's home; YOUR home). This does not extend to alcohol provided to any other juvenile however, and the mere presence if other unrelated juveniles in your home at the time may leave you open to an allegation of furnish alcohol to a minor, which is a misdemeanor crime. Based on your question, this sleep over party is a really bad idea,...

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Refusing to press charges

In my experience, the answer is "no". It is very common in DV cases for the alleged victim to "recant" their original statements or refuse to co-operate with the Prosecution. Once charges are filed by the Prosecution, you are no longer in a position to "refuse to press charges"; the State filed the charges and will attempt to proceed with or without your co-operation in most instances. They may rely on recorded "911" tapes, statements you made to police shortly after the incident which are...

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