I was arrested for dui with priors. At booking they found baggies in a cigarette pack with methamphetamine residue in them. : I was arrested for alcohol dui. At booking they found baggies in a cigarette pack with methamphetamine resedue in them. They were not mine but I have no proof of that. I also peed positive for meth at booking. My car was in an accident. No one else involved. I did not know the baggies were in there. I did meth once in my life 2 days prior to incident. No charges yet. Out on bail. Will I go to jail?
Matthew’s answer: You should consult with an attorney immediately. The circumstances surrounding the booking process are important. Especially, if you are charged in the future with possession of methamphetamine. If the "baggies" located in the cigarette pack were found during an inventory search of property not on your person when you were booked into jail, it is possible legal challenges may be raised regarding the lawfulness of the search under the 4th Amendment of the US Constitution and Article 1, Section 7 of the Washington State Constitution. A complete set of facts is key to any legal analysis. Even if you are not charged with possession of methamphetamine -- the government may seek to admit the residue in the baggies as evidence for prosecuting a DUI. The same challenges legal addressed above would be germane in this context as well, if the search was unlawful. Again, you should consult with an attorney immediately to discuss the facts and circumstances of your case.
What kind of sentence is my son facing?: My son is 18 years old and charged with robbery 1. He didnt have a weapon.he assaulted tbe guy.he didnt take anything from the guy.he has no past criminal history.
Matthew’s answer: Your question is under the practice area of "juvenile" defense. However, based on your son's age (18), his matter would be tried as an adult in superior court. Assuming your son is being tried as an adult and he has no criminal history and his case does not involve a deadly weapon his prison range under Washington State SRA is 31-41 months, if convicted of Robbery in the First Degree.
Is it possible for someone to have a restraining order or even be arrested for assault if no marks are visible?: I had a woman prevent me from getting out of a chair while I was holding my four- day- old son. She had leaned on the arms of the chair and using her obesity as a wall, prevented me from getting by her or to even push her arms away from my son and I. She wanted to touch him and I told her to keep her hands off my son. She touched him anyway. She had on excessively long fake nails and was rubbing her hands on my son's head, cheeks, arms, and hands. I was very clear in expressing that I did not want her touching my son.
Matthew’s answer: Short Answer: Yes. In the State of Washington a person can be arrested for assault or charged with assault even if no injury occurred. The apprehension of harmful or offensive contact is enough to make a prima facie showing of assault. Take for example, person A throwing a punch at person B. Person B ducks and dodges the punch. Person A can still be charged with assault despite the fact the punch missed the intended target because person B was in apprehension of harmful or offensive contact. In the scenario you describe, contact actually occurred. The issue is whether the contact was harmful or offensive. Bare in mind when it comes to assault cases, 'a couching is offensive if the touching would offend an ordinary person who is not unduly sensitive.'