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Lance Rodman Fryrear
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Lance Fryrear’s Answers

53 total


  • Can I get a DUI if I'm driving a Car2Go?

    My friend told me that it's ok to drive after drinking if the car you're driving is in fact a Car2Go. I trust my friend cause he's really smart, but I just wanted to make sure so I can drive one if I've been drinking.

    Lance’s Answer

    Quite simply, the answer is no.

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  • After an arrest (but no charges), how long does the state have to decide whether to file or decline?

    I was arrested on a felony but released and never charged. This was nearly 6 months ago. The prosecutor's office is still deciding whether to charge or decline to file. How long do they have to make this decision? (Yes, I do have a defense attorney.)

    Lance’s Answer

    I agree with Mr. Nahajski. It is three years for most felonies, and more years or no limit for the most serious felonies. Sex crimes are even more complicated. If you have an attorney, you should ask them and likely also find out if they know who is handling your matter from the prosecutor's office. There could already be a decline and then you could relax.

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  • Charged with first degree criminal trespass/ first offense ever. How to make this go away smoothly

    Few buddies and I where walking theough tbe woods came across a building being built there was a door wide open we went in and walked around ploice came with k9 unit as well they read our rights then made my buddy run back and drop off some items ...

    Lance’s Answer

    There are may ways to make a criminal charge "go away smoothly" but they depend on what court you are charged in, the facts of your case, and your particular individual record. If there are several co-defendants, this can complicate things as well. You may be able to resolve the matter with something called a compromise of misdemeanor if you can get the alleged victim to agree. You may also be able to resolve the case with something called a stipulated order of continuance (called a POD in Everett) if it is available and the facts of your case warrant it. There are also deferred sentences, and if you are under 18 years of age, there is something called a diversion. You should contact a criminal defense attorney to go over the options with you as soon as you can.

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  • I have been charged with third degree theft (haven't received citation yet) but am wondering what will happen.

    I have no previous criminal history, and made a terrible mistake. They have me on camera stealing an object with the value of about $40 total. I returned the item to the store with an apology letter. Although I have not received a citation yet, I ...

    Lance’s Answer

    Depending on what store was involved in your case, you may be able to keep from being convicted on your matter regardless of guilt or innocence. There is a statute in Washington called Compromise of a Misdemeanor, RCW 10.22.010. That statute says that if the victim of a non-felony crime, like Theft 3 (your case) state that they have been civilly satisfied for the loss, the Court, in its discretion, can dismiss you matter. You can learn more about it by following the link below. Please contact a qualified attorney as soon as possible to give you the best chance to keep this from being a conviction on your record.

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  • Are there any criminal defense attorneys that will allow small payment upfront and the rest on a payment plan?

    I am looking for a criminal defense attorney and am having trouble finding someone that will accept payments from me? Why is this, and how can I get represented when I am on a strict budget?

    Lance’s Answer

    Many attorneys, including our office, will accept payments. How flexible an attorney can be may depend upon the nature of your charge, the location of your court and your employment situation. Feel free to contact my office if you have further questions.

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  • I was arrested for a 1st DUI this weekend, blew a .107, what are my chances of getting this reduced, and can i keep my license?

    I was pulled over for failure to come to a complete stop at a stop sign, was field tested and arrested, took a BAC at the station and blew a .107. this is my first arrest of any kind and am worried of the ramifications of this to my career and lif...

    Lance’s Answer

    A BAC of a .107 is in the range where it may be possible to get a reduction in the charges based upon what court it is in, your prior history, and what actions you take now. You have 20 days to request a licensing hearing to contest the Department of Licensing suspending your license based upon your breath test. Regardless if you are suspended, you will likely be eligible for an ignition interlock license during a period of suspension. This means that if you comply with the Department of Licensing requirements, you would be able to drive with an interlock during a period of suspension. Still, it is important to request a licensing hearing, because sometimes we can beat the DOL suspension through various means. There is an implied consent motion being heard now in various courts that could help your case. It is best to contact a DUI defense attorney as soon as you can.

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  • What happens when you fail to appear in court on a DUI charge in Washington state?

    I got a DUI ticket in Washington and was told I had to go to court the very next day. I didn't go. Now two years later, I found out my license is suspended and there's a FTA warrant issued. What is going to happen when I turn myself in?

    Lance’s Answer

    It is usually best to avoid turning yourself in as courts sometimes instinctually react more negatively to someone who is in-custody on a warrant (possibly by not letting them out) than someone who is bringing a motion to quash or has posted bond (through a bonding company). The good news is that if the case is over two years old there may be some defenses available to you based upon which breath testing device was used in your matter. I would suggest contacting an attorney to see what options are best regarding your warrant for your particular case.

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  • Why do the prosecutor set court date for me to go to Monroe Court instead of Everett Court?

    I live in Everett, would it be better off for me to go to Everett Court since it's closer? I'm confused and nervous at the same time.

    Lance’s Answer

    I am sorry you are nervous but that is a very normal response to being accused of something. Most of my clients feel much better once they have their questions answered about the system. Your matter sounds like a misdemeanor charge filed in Snohomish County. I practice in Snohomish County every day. The fact that your charge was filed in Monroe (Evergreen District) instead of Everett has no particular meaning. The prosecutor is free to file in any of the four Distirct Courts (Lynnwood, Everett, Monroe and Arlington). In your case, for several reasons, it is likely better for you that the matter was filed in Monroe and not in Everett. It is best not to discuss those reasons on this web site though. If you have further questions feel free to contact me or any local attorney by phone to get your answers in private. It will be okay.

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  • I got charged for 2 count of gross misdemeanor for leaving a 8 years old attendance in parking lot will I go to jail?

    This is my first crime and didn't realize what I've done and regret so bad for doing this to my daughter and my court date is coming up in 2 weeks I'm so scare of going to jail cause I still have 9 months daughter to take of and just started working.

    Lance’s Answer

    It this is your first offense, there is a good chance of keeping you out of jail. The jurisdiction your matter is in will make a big difference in the outcome. To answer your question more fully, I would need to know exactly where the alleged offense took place, and if you have any court dates pending. Some jurisdictions are more likely to impose jail than others. Contact a local attorney as soon as possible.

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  • Need help on getting a restraining order droped what do I need to do.

    I was convicted of domestic 6 years ago I did my time went to anger classes and now I'm married with 3 kids. I need advice on how to go about getting it dropped. The restraining order was order for a life time.

    Lance’s Answer

    If the order resulted from the criminal court, the order cannot last longer than the term of probation. If the order was a civil order, obtained by the victim, then the order can be permanent and would be much harder to change. You will need to figure out which it is before an attorney can advise you.

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