Skip to main content
Henry King Chae

Henry Chae’s Answers

11 total

  • In 2010 my boyfriend was charged with dv-can i get that recinded now?

    He was recovering from a brain aneursym and brain surgery at the time. He began drinking and was not on the right meds and I was frustrated and lost my temper chosing to call the police thinking this would help the situation. Now I hear he is st...

    Henry’s Answer

    If he has been convicted, there is unfortunately not much that can be done. If he plead guilty or was found guilty, the conviction is pretty permanent. Depending on the charge, there might be a chance to have the record vacated down the road but it depends on what the conviction was for. For example, if it was a violent offense as defined under RCW 9.94A.640, then the record of conviction may not be cleared. It is best for him to consult an attorney to vacate a a conviction and usually a time frame of 5 or 10 years or more has to have passed.

    See question 
  • Is cyberstalking domestic violence in Washington st? How much trouble can a person be in if they have two points already?

    My cousin just got a letter in the mail from a prosecuting attorney for cyberstalking. What kinda of evidence does the prosecutor has to have to Charge an individual with that charge?

    Henry’s Answer

    I agree with both of my esteemed colleagues's answers. As to whether it's considered a domestic violence crime, RCW 26.50.010 defines "family or household members" or those in a "dating relationship". All that a prosecutor has to do to put a Domestic Violence tag on the case is show by alleged facts that the special relationship exists in the case. As to the specifics about how much trouble a person can be in depends on whether the cyberstalking will be charged as a felony or misdemeanor. It is best to consult an attorney regarding those specifics.

    RCW 26.50.010

    As used in this chapter, the following terms shall have the meanings given them:

    (1) "Domestic violence" means: (a) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; (b) sexual assault of one family or household member by another; or (c) stalking as defined in RCW 9A.46.110 of one family or household member by another family or household member.

    (2) "Family or household members" means spouses, domestic partners, former spouses, former domestic partners, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.

    (3) "Dating relationship" means a social relationship of a romantic nature. Factors that the court may consider in making this determination include: (a) The length of time the relationship has existed; (b) the nature of the relationship; and (c) the frequency of interaction between the parties.

    See question 
  • How do i get rid of a speeding ticket? i don't want it to be on my record

    am i able to get rid of this speeding ticket or should i pay it of?

    Henry’s Answer

    I agree with my esteemed colleagues. Do NOT simply just pay it off because it will go on your driving record and it WILL AFFECT your insurance rates.

    You should ALWAYS contest a speeding ticket. And if you do not know how to navigate the case through the infraction court, it is best to consult an attorney. An attorney will give you the best chance in getting the ticket possibly dismissed or reduced to a non-moving violation (which does not go on your driving record and hence does not affect your insurance rates).

    An attorney will be skilled in filing the appropriate pleadings and possibly prevailing on technicalities and proof issues and short of that, the attorney will be able to possibly negotiate your case to get it reduced to a non-moving violation.

    Most attorneys will waive your presence in court so you do not even have to attend the contested hearing.

    Definitely fight your ticket by hiring a traffic lawyer.

    See question 
  • BLOOD test and PBT test were taken from me but i was later told i refused to take a breath test.

    The night i was arrested i took a PBT test and a blood test. At the end of the night the officer wrote i refused to take a breathe test but i'm on camera blowing into the PBT. Is this an error on behalf of the officer. What chances do i have of ge...

    Henry’s Answer

    As my esteemed colleague Mr. Nelson pointed out, the PBT test (preliminary breath test) is a voluntary test that is considered part of the requested voluntary field sobriety tests which you have the right to refuse with no repercussions and it is not admissible for purposes of trial and is normally only used to establish probable cause or violations of conditions of release or sentencing. In other words the PBT doesn't count. The breath test that counts is the one at the station, currently called the Datamaster or Datamaster CDM (although the State will be moving to a new machine soon called the Draeger). In Washington State, even if you refuse the breath test at the station, the officer can still get a warrant to draw your blood. It may seem unfair but they can allege both a refusal of the breath test and also allege a BAC level based on the blood result. It is best to consult an attorney to help you navigate the issues in your case. As to your question of getting it dismissed, quite frankly it will be difficult, but never impossible. It all depends on the specifics of your case and there is not enough information here for us to predict the possibility of a dismissal.

    See question 
  • If bar owner or the employee is doing somethiing against law, is everyone getting in trouble?

    So I am thinking of working at the "korean karaoke bar" in WA, and that bar has several waitress who would greet, and entertain the customers who comes in to the bar, and the customers come to a bar for the girls who work there. But since i am...

    Henry’s Answer

    You have a valid concern. Recently, eight individuals have been indicted by the U.S. Attorney’s office for allegedly operating an interstate prostitution ring at a Korean nightclub called “The Blue Moon” in Federal Way, WA.

    According to the U.S. Attorney's office, it is alleged that the individuals sought Korean females to work as “bar girls” or “hostess girls” where the women entertained male clients and set up meetings for paid sex. The reason why the feds are involved is because it is alleged that many of the women were recruited overseas and were working as “hostesses” at the club to repay their travel and living expenses.

    The individuals involved are looking at the charges of conspiracy to commit money laundering, visa fraud, harboring illegal aliens and transportation in furtherance of prostitution. The owner of the bar is also facing criminal charges.

    If you suspect that something similar is going on at your bar, just keep in mind that the Feds, ICE, and US Attorneys office may be monitoring the establishment.

    As to your questions about whether the employees can get in trouble (with authorities in respect to criminal charges), I would say it would depend on your level of involvement, if any, and/or whether you had a knowledge of the illegal activity and/or complicit with any illegal activities occuring at the bar. If you are not a citizen of the United States, you may be looking at some immigration consequences as well. It would be best to consult an immigration attorney if that is the case and also if you have further concerns, it is best to consult a criminal attorney. Given what you indicated in terms of your level of knowledge and involvement and so long as no one will falsely point the finger at you, you probably wouldn't get charged by authorities, but every employee will be investigated if there is a crackdown by either local officials or federal officials.

    See question 
  • What is the average sentence, if any..for dwl2 in wa. state?

    a friend was pulled over, and given a citation for dwls2-and no insurance. he was arrested because of a DOC warrant, and a contempt warrant(child support) also. So, my question is, would be smarter to plead guilty to the dwls2,( instead of not-g...

    Henry’s Answer

    The answer depends on his driving history i.e. how many prior DWLS convictions and other criminal driving offenses does he have. There is no mandatory minimum jail time for a DWLS -2 like there is in a DWLS 1st Degree charge. But the prosecutor can ask for and the judge can impose jail time depending on how "bad" his criminal record is in terms of criminal traffic crimes.

    A DWLS-2nd charge usually stems from a suspension or revocation due to a person being convicted of a DUI, Reckless Driving, or other reasons that are enumerated under RCW 46.20.342 (1)(B). Recently, many jurisdictions have been more lenient in allowing an accused person time to get their license reinstated. If his suspension was due to a DUI conviction or if his suspension was due to an administrative action taken by Department of Licensing, he could apply for an ignition interlock license, that would enable him to drive during the suspension or revocation. Some courts and prosecutors will allow the accused person to return to court with the temporary license, such as an ignition interlock license, and will agree to reduce the charge to a DWLS 3rd Degree. The benefit of having to plead to a 3rd degree is significant as he will not face another re-suspension of his license as he would under a DWLS-1st or DWLS-2nd.

    His attorney should try to negotiate the DWLS-2nd so that it can be reduced and where he can also pay a lower fine on the no insurance as well. The DOC commitment should not necessarily factor into his decision as to whether he should plead guilty or not, unless there is a recommendation by the prosecutor to run whatever time he is offered on the DWLS-2nd concurrent with his DOC time. Even after serving his DOC time and if he is also being held on bail for the DWLS-2nd, then he should be able to get credit for time served on whatever jail time he receives if he pleads guilty.

    Without knowing the specifics of his circumstance, as there many variables here to consider and also having to consider what is in his best interest, your friend should consult his attorney about the best course of action to take.

    See question 
  • I paid my fines and dol has not updated thier system, but received a dwls.

    I was pulled over for brake light out and had paid all my fines earlier that day and had adjudication receipt on me. What will be the penalty. Have no priors and do not want to pay fine.

    Henry’s Answer

    Assuming the facts above and not considering anything else, If you have the receipt which shows the fines paid and the license reinstated that day, then it's a matter of showing the receipt to the prosecutor and the prosecutor should move to dismiss the case.

    Assuming it's a DWLS 3rd Degree, the maximum penalties for the charge are 90 days in jail and $1000 fine. If this is your first offense, you do not have to worry about the maximum. Most of the jurisdictions in King, Snohomish and Pierce will allow you to return to court with the license and have the crime of DWLS 3rd reduced to an infraction called "No Valid Operator's License on Person" subject to $124.

    In your situation, it appears you may have documentation that shows your license was cleared and reinstated from the suspension after payment of the fees and you should be able to secure a dismissal.

    Again, other facts may or may not come into play that I'm not aware of. It is best to have an attorney still help you through the process and have the full facts and circumstance.

    See question 
  • I got caught shoplifting in Sears, I stole a little over 20$ worth (2 bracelets). I am 21 years-old with no crimnal record HELP!

    I am a college student who should no better than this, this was a stupid act of mine and I will never do it again, I feel like a horrible person. The cops were not involved. The store took down my information, and they told me it would not be on m...

    Henry’s Answer

    If the store gave you assurances that "it would not be on your record" or if they agreed to not call the police and you indicated that police were not involved, you're probably lucky at this point and probably don't have to worry about criminal theft or shoplifting charges. You should abide by the trespass order to not go to the Sears for one year. It sounds like you caught a break.

    However, the store always has the right to report it to police, which in turn could involve the prosecutors filing charges against you. If a charge was brought against you, generally as a first time offender, with the assistance of legal counsel, you should be able to work out a deal where you can get it deferred or dismissed on conditions or some type of pre-trial diversion where again upon completion of conditions you could get it off your record.

    If you committed this crime in Seattle with the same facts and circumstances, you would have been charged but again, given your zero criminal history, you would be able to work out a favorable deal as described above.

    See question 
  • I have done everything the court has asked me to do and probation violated me is there anything I can do.

    I did the interlock liscence. DUI victims pannel. Assesment and started treatment on time. I'm current on fines. I showed proof of all this in court and that it was done on time which the judge agreed on. But probation gave me 30 days in jail for ...

    Henry’s Answer

    The Judge is the person who has the authority to impose jail and "probation" does not have that authority. Probation, as the arm of the court, can recommend sanctions and jail time but the ultimate call would rest with the Judge. If probation did not receive the proof of everything but you provided all the proof on time to the judge, it doesn't make sense that the judge would impose jail time. Probation may have been recommending 30 days but it's the judge's call. What did the Judge say was the violation? Was there something else that the court found you in violation of? Did you have a lawyer present with you at the hearing or did you proceed without a lawyer? If the 30 days has been imposed by probation [which doesn't sound right], and the Judge had no hand in it [again I have not seen in this in Pierce, Snohomish or King - I know this happened in Kittitas County], then I would hire an attorney and note and file a motion to reconsider with the Judge.

    See question 
  • Can the prosecutor charge me for bail jumping after I squashed the warrant with the judge?

    I missed court one time, but took care of the bench warrant the very next day in court front of a judge. now the prosecutor says if I dont take the plea bargin offered, he was going to charge me with bail jumping. Can he do that?

    Henry’s Answer

    • Selected as best answer

    The short answer is yes, the prosecutor has discretion to add charges but whether there are facts sufficient to support the charge of bail jumping or whether he can prevail on the charge is a different matter.

    I don't know what the explanation was that you offered to the Judge to get the warrant quashed, but in terms of determining whether he has facts to support the charge, it would hinge on what you said in open court.

    RCW 9A.76.170 is the bail jumping statute and in section 2 it states the following "It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from appearing or surrendering, and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement to appear or surrender, and that the person appeared or surrendered as soon as such circumstances ceased to exist"

    If your explanation to the judge is in line with section 2 of the applicable statute where you missed the court date due to circumstances not in your control (hospital emergency, car accident etc.) and that is the reason why the Judge quashed it, then it is highly unlikely that the prosecutor would file bail jumping or if the prosecutor did go ahead and file it, then you would have an AFFIRMATIVE defense to the action.

    As a former prosecutor, depending on the case, I would sometimes indicate that I would add other charges if the person didn't take the plea bargain, but I don't recall ever noting that I would add bail jumping, especially under the circumstance you described. But then it may depend on what your explanation was to the court to get the warrant quashed.

    I cut and pasted the RCW 9A.76.170 below for your review.

    RCW 9A.76.170

    Bail jumping.

    (1) Any person having been released by court order or admitted to bail with knowledge of the requirement of a subsequent personal appearance before any court of this state, or of the requirement to report to a correctional facility for service of sentence, and who fails to appear or who fails to surrender for service of sentence as required is guilty of bail jumping.

    (2) It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from appearing or surrendering, and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement to appear or surrender, and that the person appeared or surrendered as soon as such circumstances ceased to exist.

    See question