Attorney Jeffrey Alan Lustick's Legal Cases

Violent crime

State v. Lee

Jan 04, 2010

OUTCOME: Full Dismissal With Prejudice

Chelan County, WA: Client, a husband and father of two, used a 9 mm handgun to defend his wife and son against an outraged drunk adult who attacked his family in a shopping center parking lot. The ha ... ndgun was fired by the client into the air and not aimed any anyone or anything. When the police arrived, they arrested the client for two counts of assault second degree - deadly weapon, even though he was clearly acting in self defense. At arraignment, after Mr. Lustick explained the situation, the prosecutor reduced the charges to district court. The prosecutor then insisted that the client plead guilty to the misdemeanor charge. Mr. Lustick persisted in defending the client and pressed the matter for a jury trial. Then less than 48-hours before the trial was due to begin, the prosecutor dismissed with prejudice.

Aviation

FAA - 90 day Suspension of ATP License

Aug 19, 2009

OUTCOME: 90-day Suspension of ATP License Dropped

An airline transport pilot (ATP) with over 10,100 pilot in command hours, was accused of reckless operation of an air taxi aircraft. The allegation by the FAA was that the pilot flew on three occasion ... s in ground icing conditions. The client appeared with counsel at an informal conference at the FAA regional offices in Renton, WA. A presentation was made on the clients behalf which resulted in the FAA legal counsel deciding that there was insufficient evidence to prosecute the pilot and the suspension was dismissed. The proposed 90-day suspension of the pilot's ATP license would have ended the pilot's commercial flying career.

DUI and DWI

State v. Green

Mar 05, 2009

OUTCOME: Full Acquittal

A 57 year-old-driver driver, who is a resident of Canada, was arrested in February of 2008 by Trooper Rodgers of the Washington State Patrol. The arrest came after the driver submitted to a preliminar ... y breath test and did some field sobriety tests, all of which the trooper said the driver had failed. A blood test indicated a BAC of 0.01 for alcohol but also included indications of antidepressant and anti-anxiety medication usage. Defense counsel highlighted the driver's numerous physical issues and his documented anxiety and depression conditions to account for the bad FSTs. The state argued that with the bad FSTs and the presence of alcohol and medications, the driver was impaired and was therefore DUI. Both sides used expert testimony to interpret the blood test results. The trial lasted nearly 4 days, however, after approximately 40 minutes of deliberation, the jury returned a verdict of NOT GUILTY.

Aviation

Dept. of Homeland Sec. in re: Matter of Sanders

Dec 30, 2008

OUTCOME: Customs Fine Successfully Mitigated

A licensed private pilot, flying home from a church-related business trip in Canada, hit bad weather and landed at the airport of entry too soon. By law, the pilot had to give at least one hour notice ... . The Customs and Border Patrol ("CBP") found a violation and fined the pilot $5,000.00. Upon review it was shown that the pilot had only limited experience with cross-border flying and bad weather and lack of available telephone communications played a major part in the pilot's mistake. Due to Mr. Lustick's representation, the CBP agency agreed to reduce the pilot's fine to $500.00.

Aviation

FAA Enforcement Action

Dec 01, 2008

OUTCOME: FAA Action Dropped

Client, a private pilot, was accused of landing on the wrong runway at a towered airport. The FAA attempted to sanction the pilot with a 30-day suspension. Pursuant to my advice, client reported inci ... dent to NASA Aviation Safety Reporting System, which precluded any punishment. Furthermore, FAA could not produce tower ATC tape recording. In a settlement letter, client agreed to complete 2 hours of remedial training with a CFI and the FAA agreed to dismiss.

Criminal defense

City of Bellingham v. Webb

May 14, 2008

OUTCOME: Full Acquittal

The defendant was charged with malicious mischief-3rd degree domestic violence by his estranged wife. The couple were at the time, teetering on the brink of a divorce. A few days before the wife secret ... ly filed divorce papers, she accused Mr. Webb of destroying a closet door. The police did little or no investigation and simply arrested Mr. Webb for the crime. The wife was heavily cross-examined and at the trial. Mr. Webb also took the stand and explained what actually happened. The jury deliberated for a day and a half and found Mr. Webb not guilty. The case was held in the Bellingham Municipal Court in February 2008.

Federal crime

United States v. Stephens

Jan 08, 2008

OUTCOME: Full Acquittal

The federal prosecutor charged the defendant with larceny of government property stemming from an incident at the Naval Exchange at NAS Whidbey Island. At trial, the defendant testified that although ... she did not pay for the items, she forgot they were in her cart when she left the store. Her defense was a lack of intent. The U.S. Magistrate sitting alone acquitted her of the charge.

Federal crime

United States v. Wegers, et al

Nov 21, 2006

OUTCOME: Plea to lesser charge results in 36-cts dismissed

Mr. Lustick, as part of a defense team of three lawyers, represented the International and National President of the Bandidos Motorcycle Club, who was charged as the lead defendant in a 37-count Federa ... l RICO indictment alleging arson, attempted murder for hire and witness tampering. The case was resolved with the client making a plea to one minor count and receiving a sentence of 20 months. The client was able to maintain the right to remain an active member of the club and avoided all RICO forfeitures. Then, after two years of a three-year term of probation, Mr. Lustick was successful in getting the client off probation.

Criminal defense

State v. Flores-Vivar

Feb 01, 2005

OUTCOME: Full Acquittal

A Mount Vernon man was arrested and charged with Assault 1st degree with a deadly weapon. He was protecting his girlfriend who was being accosted by the victim. At the time of the incident, the victi ... m had a blood alcohol content of over 0.20. The victim threatened to cut the defendant with a knife and the defendant defended himself and his girlfriend by stabbing the victim. The jury found that the defendant reasonably apprehended being attacked by the man and was justified in using force in the situation. The jury acquitted the defendant.

Criminal defense

State v. Feno

Jan 01, 2004

OUTCOME: Full Dismissal

The client/defendant hired Mr. Lustick to defend him on two counts of assault in the first degree while using a deadly weapon. The client already had prior felonies and was facing the potential of a t ... hird-strike, life sentence if convicted. After extensive investigation by the firm, it was learned that the alleged victims were drug dealers who plotted to come to the defendant's home in Ferndale, WA, attack the defendant and his wife and steal their money. This was, of course, contrary to what the alleged victims told the police. However, after several interviews with witnesses, the alleged victim's story began to unravel. The prosecutor dismissed the case with prejudice citing that the facts from the victims were probably perjured and the interests of justice required the dismissal.

Jeffrey Alan Lustick's Legal Cases (20)

State v. Lee

FAA - 90 day Suspension of ATP License

State v. Green

Dept. of Homeland Sec. in re: Matter of Sanders

FAA Enforcement Action

City of Bellingham v. Webb

United States v. Stephens

United States v. Wegers, et al

State v. Flores-Vivar

State v. Feno