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Wade Samuelson’s Answers

64 total

  • How do I to get a charge off my record?

    I was set up and was cornered and then beaten up by family members. When I got away I got into the car and sped away for my life. I was pulled over for not making a lane changed right. I was very upset and told the officer I was just assaulted ano...

    Wade’s Answer

    As I understand your situation, you were arrested, taken to jail, but the charges were dismissed. Much depends on a couple pieces of information that you did not include: First, how long ago did this take place? And second: Was the dismissal "with prejudice" or "without prejudice."

    If the dismissal was "with prejudice" it doesn't matter when all of this took place. A dismissal "with prejudice" is forever. The case cannot be brought back (assuming the prosecutor did not appeal).

    If the dismissal was "without prejudice" then you have to wait until the state of limitations has run before you know for sure that you are in the clear.

    Once three years have passed you can seek to remove non-conviction data from the Washington State Patrol's database. The process is governed by RCW 10.97. The specific subsection that likely applies to you states:
    RCW 10.97.060
    Deletion of certain information, conditions.

    Criminal history record information which consists of nonconviction data only shall be subject to deletion from criminal justice agency files which are available and generally searched for the purpose of responding to inquiries concerning the criminal history of a named or otherwise identified individual when two years or longer have elapsed since the record became nonconviction data as a result of the entry of a disposition favorable to the defendant, or upon the passage of three years from the date of arrest or issuance of a citation or warrant for an offense for which a conviction was not obtained unless the defendant is a fugitive, or the case is under active prosecution according to a current certification made by the prosecuting attorney.

    Such criminal history record information consisting of nonconviction data shall be deleted upon the request of the person who is the subject of the record: PROVIDED, HOWEVER, That the criminal justice agency maintaining the data may, at its option, refuse to make the deletion if:

    (1) The disposition was a deferred prosecution or similar diversion of the alleged offender;

    (2) The person who is the subject of the record has had a prior conviction for a felony or gross misdemeanor;

    (3) The individual who is the subject of the record has been arrested for or charged with another crime during the intervening period.

    Nothing in this chapter is intended to restrict the authority of any court, through appropriate judicial proceedings, to order the modification or deletion of a record in a particular cause or concerning a particular individual or event.

    As you can see there are a lot of issues that prevent an attorney here from offering a step-by-step, black letter law, cookbook answer. You are probably best served by contacting an attorney in your area who can get need information from you and then give you an accurate answer.

    Good luck to you!

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  • Is it llegal or illegal to dumpsterdive in t he city of olympia wa?

    well? is it?

    Wade’s Answer

    Washington law is not clear enough to simply say "yes" or "no." Olympia municipal code, at present, does not specifically forbid you from taking items out of a dumpster in the context of theft. However, you are likely trespassing onto the property on which the dumpster stands. Your entrance onto other people's property has to be lawful.

    Title 13 of the Olympia Municipal Code does give the city a monopoly on the collection, transportation, and disposal of all garbage, but that code section does not provide criminal penalties for violation. However, you're likely back in a potential trespass situation.

    If you do remove items from a dumpster, do NOT take anything with a name, address, or account information or you could find yourself facing an Identity Theft charge. ID THEFT 1 and ID THEFT 2 are both felonies.

    Some people will cite the case of California v. Greenwood in support of their argument that dumpster diving is categorically lawful. Beware. That case only decided that law enforcement did not need a search warrant in order to pick through trash set out by the curb. The Supreme Court decided that the (former) owner of the trash relinquished all privacy interests in whatever trash container they set out for pick up. The case did NOT decide ownership rights or trespassing issues. The other problem with Greenwood is that the Washington State Supreme Court rejected the decision, deciding that the Washington state constitution offers greater privacy protections than the Federal constitution, making Greenwood inapplicable.

    Frankly, dumpster diving is likely not a huge issue for city law enforcement. Much depends on how you go about it. If you are doing it at 3am behind some little old lady's garage, making a ton of noise, yeah, expect a visit from the cops. But if you are doing some garden-variety picking in an alley without bothering anybody and without making a mess, who really cares? Wave confidently at any police cars that pass by; answer their questions as to what you're doing; and generally be part of the solution, not part of the problem.

    Good luck!

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  • Will a person with 7 felonys such as 2 counts of assault 2, 2 counts robbery 1, burglary 1, 2 counts kidnapping 1 ever get out?

    Already has 2 strikes, lives in Washington state, is 27 years old...last 7 charges still pending...

    Wade’s Answer

    The only thing I would like to add to Mr. Smith's answer is that if you are convicted of all of these offenses at once, you will not be sentenced as a Persistent Offender. You have to have "prior" qualifying convictions and then commit a new strike offense.

    That is not to say that you wouldn't get a life sentence anyway, but it just wouldn't be under the third strike (Persistent Offender) statute.

    Good luck!

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  • Communication w/ A Minor for Immoral Purposes - Case Law, Defenses Chapter 9.68A RCW?

    Curious if anyone has had any success arguing this statuate at trial, when a minor misrepresents thereself online and in person even after oral/written assertions were made via text and in person and they admit lying. Although statuate defines it...

    Wade’s Answer

    • Selected as best answer

    Juries receive specific instructions as to how to decide a case and are instructed to follow the instructions. Do they always follow the instructions? No. However, it's a huge gamble to go to trial on the hope that the jury will refuse to follow the instructions and decide the case in a more common-sense fashion.

    If the minor in your case is going to testify and clearly appears to be an adult--to the point it would make a jury feel sorry for you--then MAYBE it would be worth it to go to trial on that basis. But, in 16 years of doing this, I've not seen a minor who looked that old. I'm not saying that they don't exist, but they are rare.

    Talk it over with your lawyer. In light of what the prosecutor is offering for a plea deal, it may or may not be worth the risk of trial.

    Good luck!

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  • Criminal: What Can Police record?

    My question is specifically regarding those mic/speakers they all wear on their upper usually left chest that they receive info on and speak into... My question is, are those also used to record what a potential perp may say and used for eviden...

    Wade’s Answer

    You actually are asking several questions. I'll try to address all of your concerns:

    1. What is that microphone on their upper left chest?
    For most cops, that's just their radio. The only conversation that gets recorded is what they say when they push the button and talk into it. Other agencies have actual voice recording equipment on each officer.

    2. If it is a general voice-recording microphone, when is it turned on?
    It depends. Usually, if a cop is having official contact with a citizen, they will turn on the microphone. Sometimes they forget--especially if it is good for them to "forget." Other agencies have their mics turned on from the moment the cop clocks in to the time he clocks out and everything that's said within range is recorded.

    3. If the cops record something that is bad for the defendant, is it admissible in court?
    Not necessarily. The fact that a defendant's statement (or another person's statement) is recorded doesn't automatically mean that the prosecutor can play the recording in court to a jury. The rules of evidence still apply and every statement must still be relevant and not subject to exclusion by the rules of hearsay. Defendant statements are more easily admitted into evidence, but there is still a filtering process that cannot be ignored.

    Your attorney can walk you through the specifics of your case and explain what statements exist and the potential of them being used at trial.

    Good luck!

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  • If you went deferred on a dui is there a statue of limitation if you dont finish the deferral in washington state

    i was charged with a dui and i deferred it started classes and didnt finish. now i have new charges driving with license suspended in the 3rd driving with no breathalizer poss of marijauna below 40g what should i do.......

    Wade’s Answer

    You are likely going to have your Deferred Prosecution revoked and get convicted of the DUI. Failing to complete the treatment is reason enough. If you get convicted of any of your new charges, then revocation is nearly a given.

    About the only way to avoid losing your Deferred Prosecution is to get back into treatment ASAP and be an all-star there. Do extra AA meetings. Don't miss any sessions. Do extra sessions. Wash your treatment provider's car. Whatever. Also, get your license reinstated and an Ignition Interlock Device installed on your car. Then...

    String out your new charges as long as possible. This gives you time to build a positive track record. It also gives your lawyer something to argue to the prosecutor. But, even then, there's no guarantee that you won't get whacked on everything. Get a lawyer who is familiar with the courts where you are and follow his/her advice.

    Good luck!

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  • Whats the worst that can happen to him. 4th dui in 5yrs

    he had 3 dui, the 3rd was on defered when he got 4th in our driveway workin on truck, he wasnt drivng it, he was on top of motor working on carb, we live on main road, the car was driving fast and not in his lane hit the back on blazer he was work...

    Wade’s Answer

    It's impossible to predict the outcome of the newest charge, but I can answer your question, "What's the worst that can happen to him?"

    If your boyfriend was on a Deferred Prosecution for his 3rd DUI when he was cited for his 4th DUI, the court can revoke the Deferred Prosecution and impose any sentence between the minimums (either 90 or 120 days if there are two or more convictions in the last 7 years) and the maximum (365 days). The court can also impose a similar sentence on the new DUI (but the statutory maximum is now 364 days).

    If the Judgments and Sentence for either of the first two DUIs are still in effect, the court can also impose any or all of the remaining unsuspended jail in those cases.

    So, your boyfriend is in it up to his neck. He needs to get an attorney who is familiar with all of the courts where he has pending cases. It will be very important to get agreements with prosecutors as to what they will recommend as punishment AND (hopefully) that all the sentences run concurrent with one another!

    Good luck!

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  • Can I have a DUI expluged/deferred if I already have a neg 1 charge already on my record?

    I recently got a DUI and already have a DUI that was dropped to a Neg 1 charge. Ive never had anything deferred before.

    Wade’s Answer

    You ask two questions: If you have a prior DUI that was reduced to Neg 1, (1) Can you get a DUI expunged, and (2) Can you get a DUI deferred.

    In your situation, your prior DUI that was reduced to Negligent Driving 1st degree does not affect your available options. Nobody can get a DUI conviction expunged/vacated regardless of what priors they have (if any). A DUI conviction remains on your criminal record permanently.

    With regard to your second question, any person charged with DUI may seek a Deferred Prosecution as long as they have not had a Deferred Prosecution previously granted. Since your Neg 1 likely counts as a "prior offense," you are facing at least 30 days of mandatory jail and possibly 45, depending on your BAC results in the new DUI. So, pursuing Deferred Prosecution may be a good move for you--especially if you need the required 2-year treatment program.

    Good luck!

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  • Is it legal for a judge to ask for a ua even if it has nothing to do with the original crime you are in court for?

    My boyfriend an i went to court for a review an to turn in some papers so the judge could see my bf was doing as ordered by the courts an all a sudden the judge says before you leave today i want you to give me a UA is it leagal for a judg to ask ...

    Wade’s Answer

    "No drug use" is a standard condition of probation. If you want to argue that such a condition is not rationally related the original offense and therefore not an appropriate condition to impose, you will need to hire an attorney. Even then, you might not succeed.

    Good luck!

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  • Im an 18 yr old male and a 16 yr old femail is interested in me. we both live in washington state. is that legal

    could her parents try and get me for stagatory rape if they were mad and didnt like me for any reason.

    Wade’s Answer

    Yes, it's legal for her to be interested in you.

    Now, getting to what you probably meant: Is it legal for the two of you to engage in consensual sex? As long as you are not abusing a supervisory position and as long as you two are not related, and as long as you are not employed at the school she attends, yes, the general age of consent in Washington is 16 years of age. Once a person reaches 16, they can legally choose to have sex with most older people.

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