Frequently Asked Questions

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DUI FAQ
Drug Crimes FAQ
Domestic Violence FAQ
Expungement FAQ
General FAQ

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DUI FAQ

What should I do if stopped by the police for DUI?

Many people wonder what their rights are when the authorities contact them. While every situation calls for individual advice, and laws vary from state to state, we suggest the following general guidelines (subject to our disclaimer):
If you are driving and are stopped by the police, you do not need to tell them anything and you should not. As we often hear in the movies - you have the right to remain silent and anything you say can and will be used against you. Why would you say anything at all if you know it will be used against you? The answer is simple - in most cases you should not say anything when a police officer is investigating you for DUI. If the police ask you if you have something illegal in the vehicle, tell them you do not wish to answer and also tell them you want to talk to your attorney immediately. If you have a mobile phone, ask to call an attorney from the side of the road.

You also do not need to give the police permission to search your vehicle or your home. You have the right to maintain your privacy. Who wants a stranger digging through their glove compartment or their closets? No one. So, if a police officer asks you if he or she can search your vehicle or home, tell them they do not have your permission. Also tell them you want to talk to your attorney immediately and call us.

Even if the police tell you it will be easier on you if you cooperate and answer their questions, you generally should no. The police often try to convince someone to trust them when they are trying to gather evidence to be used to CONVICT that person of a crime. Nothing can substitute for sound legal advice should you end up face to face with the police. Call us immediately if you do come into contact with police, FBI, border authorities, DEA, or any other government agent.

You should also remember to be polite and physically cooperative with police officers at all times. If the officer arrests you, do not resist or try to get away. This will just make things worse. Do not speak to the officer, do not answer any questions, and ask to speak to your attorney immediately. While we all know we have the "right to remain silent," most people do not know they have "the right to an attorney at any time." Know your rights and take advantage of them.

Should I take a blood or breath test?
The laws vary tremendously from state to state. In some states, you can refuse a breath test with no adverse consequences. In other states, refusing can dramatically increase your license suspension and/or jail sentence. In some states, refusing to take a test can be a crime. Finally, in some states you cannot refuse a breath or blood test. Because each situation is unique, and you have the right to contact an attorney before deciding what to do, you should always contact an attorney when you are faced with this difficult decision.

Do I need an attorney?
Absolutely. An attorney will defend your rights. Attorneys are well trained advocates who can usually secure a much better result for you than you could by yourself. They will look for errors committed in your case, including illegal stops, illegal arrests, illegal searches, improper breath test warnings, and problems with the workings of the breath or blood test itself. The complex issues in DUI cases involve the constitution, complicated statutes, chemistry and computer science. You cannot possibly learn everything you need to know to counter experienced, professional prosecutors whose job is to convict you. And, in some states, having an attorney can keep you from having to go to numerous court hearings. In all states, an experienced DUI attorney will guide you through the complicated court process. Contact us to discuss your situation.

How much will an attorney cost?
The answer to this question will depend on the experience of the attorney you contact and the complexity of your case. Most of our attorneys will offer you a free initial consultation, either over the phone or in person. We are happy to provide you with a clear estimate of how much it will cost to defend your case.

What will happen to me if I am convicted of DUI?
In Washington, being convicted of a DUI carries many mandatory penalties. These penalties are different from case to case, but they can involve mandatory jail time, use of an ignition interlock, mandatory fines, mandatory substance abuse evaluation and treatment classes, and loss of license.

FREQUENTLY ASKED QUESTIONS REGARDING A D.O.L. HEARINGWhat is the format of the Department of Licensing hearings?
These hearings are civil (administrative) hearings, so they lack many of the constitutional protections in the criminal process. Just to warn you: this is not going to feel like a “fair” fight.

A “Hearing examiner” is appointed by the Department to review the evidence and make a decision about the proposed suspension or revocation of your license. (A suspension is any action under one year, a revocation is basically a suspension of a year or more) As you might guess, it’s a bit unfair…the person assigned to your case is actually an employee of the Department of Licensing. They are not exactly “impartial” in the process. You are known as the “petitioner” in this action. (Remember: this process is wholly separate from the criminal matter. A win in this process does not create a win in the criminal process, and vice-versa.)

What issues can be raised in these hearings?
There are four basic issues that can be addressed during the hearing:

1) Whether you were under arrest:
This includes challenges to the officer’s reason for stopping your car or approaching you to investigate a potential charge or offense.

2) Whether the officer had reasonable grounds to suspect that you were driving under the influence of alcohol:
This includes challenges to the officer’s general investigation.

3)Whether you were read your “Implied Consent” warnings before the test:
This is a document which explains the consequences of refusing the test versus submitting to the test, and should be presented to you for your signature prior to the breath test.

4) Whether you actually refused the test, or whether you submitted a (legally acceptable) breath test result of over .08 (over .02 for minors):
This would include any dispute over whether you actually tried to submit a sample, and the officer recorded you as “refusing.” It also includes any arguments regarding the admissibility or sufficiency of the breath test result.

How are these challenges raised during the hearing?
To challenge in these four areas, the driver may offer testimony, or the testimony of witnesses (including the officer, if we decide to subpoena him or her to testify), or present documents or other evidence, for the Hearing Examiner's consideration.

Can I testify or tell my story during the hearing?
If a driver testifies, they will be placed under oath as any other witness would. The driver is subject to a form of “cross-examination” by the Hearing examiner. For this reason, we do not typically have our clients testify during the hearing, as the statements could later be used against us in a future criminal hearing (it’s rare but it has happened). Sometimes, however, it is important to raise an issue through the driver’s testimony, so it is presented carefully.

What happens after the hearing is over?
The decision is typically issued in writing a few weeks after the hearing is done, though it sometimes takes longer, with some of the “slower” hearing examiners. If the decision is in favor of the driver, the proposed action is dismissed. If the decision is not in favor of the driver, the sanction will be imposed. All hearings are taped and almost all hearings are conducted by telephone.

What if we lose? Can we appeal the decision? How does an appeal work?
The Hearing Examiner's decision can be appealed to Superior Court, in the County where your arrest took place. The Superior Court will then decide to uphold or reverse the Department of Licensing's proposed license action. There is no “re-presentation” of the evidence at an appeal, just the argument of any legal issues to challenge. Factual disputes are usually left to the discretion of the Hearing examiner, except in cases where they make a finding that is not supported by any evidence.

An appeal to the Superior Court is a separate legal proceeding, and would require a separate retainer contract with the firm. We will discuss with you the pros and cons of proceeding with an appeal.

An appeal process is fairly long. Three to eight months is a good estimate of how long it will take. It takes a long time because of the many steps involved in an appeal: a copy is made of the taped proceeding, this tape is turned into a paper transcript, we prepare a brief, the State of Washington prepares a response brief, and the matter is scheduled for argument in front of a Superior Court judge.

During the time of your appeal, your license is not automatically given back to you. The Superior Court has the authority to “stay” (put on hold) your license suspension or revocation while you fight the appeal. The Court will only do this if a judge makes a finding that:

There is a “likelihood of prevailing” on the appeal (i.e. it is not a “frivolous” or moot issue, it has a change of success).

This is established by a brief that we file, and is supported by an oral argument.

There will be an “irreparable harm” to you if you were to lose your license during the appeal. (i.e. you will lose your job, have great inconvenience, etc., etc.).

This is established typically by a declaration that we help you prepare and sign, along with any documentation of the “harms.”

The request for a “stay” is a hearing which would be set as soon as possible, and usually within 2 weeks of the suspension start. This “stay” motion usually costs extra, because it requires a rapid turnaround, and would require us to prepare an initial brief right away. It also requires at least one additional court appearance.

We will discuss with you the chances of prevailing in a stay, and you can decide whether it is worth the extra retainer. Some clients do not pursue a stay, or lose a stay argument; and decide to still continue with the overall appeal. Even if the suspension is short, and it finishes before the appeal is decided, a win would mean that the administrative action against your license would be reversed on your driving record, and your insurance requirements would likely improve if we were to win the appeal. So it becomes worth it to examine the chances you would have on appeal.

Drug Crimes FAQ

What are the possible consequences of a criminal marijuana related conviction?
The consequences of a drug conviction can be quite drastic. Beyond the basic effects of a criminal charge or conviction, a drug conviction in particular can cause a loss of your drivers license (even if no vehicle was involved in your charge), the loss of housing rights, or the loss of your ability to obtain federal student loans. Along with the criminal consequences of drug possession and distribution, you can face the loss of real and personal property, through a process known as “civil forfeiture.” If law enforcement has reason to believe your home, land, or personal property (including vehicles) was used in the context of drug possession, cultivation, manufacturing, or distribution of drugs. If you have received any notices from the government indicating that your property may be forfeited, we STRONGLY suggest you consult with a drug defense lawyer IMMEDIATELY. There are often very short timelines for responding to forfeiture notices.

What is a "Drug Court"?
Since the 1980’s, several courts in the U.S. began an experiment with “drug courts” – where the court process was hoped to reduce drug use and recidivism. The programs usually target non-violent drug offenders whose legal charges stem primarily from addiction. If a defendant is given an opportunity to “opt-in” to a drug court, he or she is usually obligated to participate in a substantial drug treatment program, often fully funded by the drug court program. Frequent urinalysis tests are required, and status hearings with the drug court judge are important. The focus of the court proceedings are much more supportive, encouraging, and directive than a standard criminal court proceeding. Some drug courts require participants to pay court fees, keep up with child support, and maintain approved housing. If the defendant keeps up with all court-ordered obligations and treatment requirements, the charge may be dismissed at a later time.

What about medical marijuana?
Several states have passed medical marijuana laws. Each state's laws are complicated an unique. In many states, you must first get a medical marijuana license or certificate before you possess or use marijuana to avoid a charge. Some states also allow a caretaker to possess marijuana for you. The qualifications for a medical marijuana certificate or license vary drastically from state to state. Most states also impose a limit on the amount you can lawfully possess. If you are a medical marijuana user, or plan to become one, we STRONGLY suggest you consult with a knowledgeable marijuana defense attorney before you begin the process. An experienced marijuana lawyer may will be able to guide you through the process of obtaining a valid certificate and prevent you from getting caught in any traps. Click here to find a knowledgeable marijuana defense attorney in your area.
Remember, federal laws still prohibit the possession of marijuana, even for medicinal purposes. Even if you have a medical certificate for medicinal use of marijuana in your state, you can potentially face federal charges for possession. Talk to your drug defense lawyer and your physician about the risks and options of medicinal use of marijuana.

What constitutional cases and theories would an experienced drug lawyer evaluate when analyzing my constitutional rights during a stop for driving under the influence of marijuana or other drugs?
The United States Supreme Court interprets the United States Constitution to give defendants powerful protections during arrests for driving under the influence of marijuana or other drugs.   No state may overrule these protections. However, an experienced drug attorney will know whether your state constitution offers more protection for your rights than the United States Constitution.

Under the United States Constitution police may stop your car for driving under the influence of marijuana or other drugs when they have either:
(1) A reasonable and articuable suspicion that a crime has occurred. Delaware v. Prouse, 440        U.S. 648 (1979); United States v. Cortez, 449 US. 411 (1981) ; or
(2) Probable cause to believe that a traffic violation has occurred. Whren v. US., 517 U.S. 806 (1996); or
(3) A proper sobriety checkpoint that has been established and justified by public interest. The department must document in writing appropriate procedures to be followed in establishing and conducting a checkpoint, and law enforcement must implement those procedures. Michigan Dep't of State Police v. Sitz, 496 U.S. 444 (1990); City of Indianapolis v. Edmond, 531 U.S. 32 (2000).

During a traffic stop, officers may detain a driver to check for outstanding warrants and ask for relevant information about license, vehicle ownership, registration, insurance, and the driver's destination. Pennsylvania v. Mimms, 434 U.S. 106 (1978). Also, there is no reasonable expectation of privacy in the VIN number and officers are allowed to remove obstacles that obstruct the view of the number. New York v. Class, 475 U.S. 106 (1986).

Roadside questioning as the result of a routine traffic stop does not constitute custodial interrogation for purposes of the Fifth Amendment. Berkemer v. McCarty, 468 U.S. 420 (1984).

Police may conduct a search shortly before, during, or after a lawful arrest for driving under the influence of marijuana. Chimel v. California, 395 US. 753
Marijuana, pot, or other drugs falling within the plain view of a police officer who has the right to arrest you for driving under the influence of marijuana or other drugs can be seized and can be introduced as evidence. Harris v. United States, 390 U.S. 234 (1968).

The United States Constitution allows searches to occur at the same time as an arrest for driving under the influence of marijuana or other drugs because there may be a need to seize weapons and/or there may be a need to prevent the destruction of evidence of marijuana or other drugs. Preston v. United States, 376 US. 364 (1964) The constitutional right to search a car without a search warrant is based upon the reasonable belief of an officer that the car contains marijuana, pot or other illegal drugs combined with the difficulty of securing a search warrant for a movable object. Carroll v. United States, 267 U.S. 132 (1925); Welsh v. Wisconsin, 466 U.S. 740 (1984).

During a stop for driving under the influence of marijuana, a protective search of the passenger compartment of a vehicle is limited to those areas in which a weapon may be placed or hidden.   However, this search may only be permissible if the police officer reasonably believes the suspect may be dangerous and may gain immediate control of a weapon. Michigan v. Long, 463 U.S. 1032 (1983).

A drug detecting dog smelling an automobile's outside for marijuana or other drugs does not constitute a "search" within the meaning of the Fourth Amendment. City of Indianapolis v. Edmond, 531 U.S. 32 (2000).

Police may conduct a search as part of an inventory search governed by a specific agency policy. South Dakota v. Opperman, 428 U.S. 364 (1976).

Any consent given to police officers allowing them to search during a drug arrest for driving under the influence of marijuana or other drugs must be voluntary and knowing. Schneckcloth v. Bustamonte, 412 US. 218 (1973).

However, police may not search a car without a warrant if the police only issue a traffic ticket. Knowles v. Iowa, 525 U.S. 113 (1998).

These constitutional protections are very likely important to your case. An experienced marijuana or drug defense attorney will consider all of the above issues, as well as many other cases, statutes, rules, regulations, policies, and other laws in considering your best defense.

What should an experienced drug lawyer tell his clients about saliva test kits and driving under the influence of marijuana or other drugs?
In response to concerns over driving while under the influence of marijuana or other drugs, all 50 states have enacted laws prohibiting driving while under the influence of marijuana or other drugs.

Drug detection may be difficult for police making a stop or arrest for driving while under the influence of marijuana. Unlike driving under the influence of alcohol, where officers can use preliminary breath tests, there are limited roadside devices that can detect the presence of marijuana or other drugs.

There are several saliva test kits for marijuana or other drugs currently on the market or in development. Manufacturers claim that these kits can immediately detect the presence of marijuana or illegal drugs in a driver’s system. The manufacturers also claim that these devices are efficient, noninvasive, uncomplicated, and reliable.

Most of the manufacturers are claiming their devices are screening devices designed to only provide a rough qualitative indication of marijuana or other drugs. However, one manufacturer has claimed to have developed a saliva test system to provide a "quantitative" measurement of marijuana or drugs.

Should these manufacturers' claims prove to be validated by independent testing, saliva test kits may prove to be quite prevalent in law enforcement.

An experienced drug attorney will know how to challenge a saliva drug test if it was used in your in your drug arrest for driving under the influence of marijuana or other drugs. There is no standard answer to this question. If you anticipate that this situation will come up in your case, we recommend you contact an experienced marijuana defense attorney in your area.

How may driving be affected by marijuana?

The government will allege that a driver under the influence of marijuana lacked reaction time and the ability to perceive danger the way other drivers would have. However, several studies that have been done indicate that some drivers are better drivers when they are under the influence of marijuana. Other studies have indicated an impairment is created when a person drives under the influence of marijuana. So, it is very possible that a knowledgeable marijuana defense lawyer can significantly help you if you are charged with driving under the influence of marijuana.

What do police look for in someone driving a motorcycle while making a drug stop or drug arrest for driving under the influence of marijuana or other drugs?
A common cause of single vehicle motorcycle crashes is the failure to negotiate curves. More specifically, the motorcyclist will continue in a straight line until it strikes a stationary object. Impaired balance and coordination causes this. In less drastic cases, the motorcycle’s turn radius expands during the turn. The motorcycle drifts outside of the lane or into another lane, while turning a corner. Police and prosecutors will look at this because there is a better than average possibility that the motorcyclist is driving under the influence, quite possibly under the influence of pot or other illegal drugs.

Police and prosecutors consider parking and dismounting a motorcycle a useful field sobriety test for driving under the influence. First, the motorcyclist must decide upon a safe place to stop the motorcycle. The motorcyclist must stop the engine. Then the motorcyclist must find and deploy the kick-stand. The motorcyclist must then distribute his weight onto one foot while swinging the other foot over the seat in order to get off the motorcycle. Police and prosecutors may consider problems with this sequence as evidence of driving under the influence of pot, marijuana, or other illegal drugs.

Police and prosecutors will also consider trouble with balance when evaluating whether someone is driving under the influence of marijuana or other illegal drugs. Commonly a motorcyclist will place one foot on the ground to maintain an upright motorcycle, while leaving the other foot covering the brake pedal. However, some riders stabilize by placing both feet on the ground. Riders whose balance has been impaired by marijuana, pot or other drugs may find balance difficult. To compensate for the marijuana, pot, or other drugs in their blood system, an impaired motorcyclist may shift their weight from one foot to another, to maintain balance.

Police and prosecutors will also evaluate issues with motorcyclists’ turning to consider whether someone has been driving under the influence of marijuana, pot, or other drugs. For instance, they may consider whether the driver was unsteady, if the driver was late braking, or if the driver had an improper lean angle during the turn.    Marijuana, pot, or other drugs in their blood system, may make an impaired motorcyclist turn in a way that would arouse suspicions and lead to a drug arrest or drug charge.

If police have conducted a drug stop, drug arrest, or drug search on suspicion of driving a motorcycle under the influence of marijuana, pot, or other drugs you need a drug lawyer who knows how to challenge the drug charges. An aggressive drug lawyer will know how to specifically challenge every part of the police and prosecutor’s version of the drug arrest. An experienced drug lawyer will know what strategy to pursue to influence a judge and jury on your driving under the influence of marijuana or other drug charge.

Where did the word `marijuana' come from?
The word `marijuana' is a Mexican slang term which became popular in the late 1930's in America, during a series of media and government programs which we now refer to as the `Reefer Madness Movement.' It refers specifically to the medicine part of cannabis, which Mexican soldiers used to smoke.

Today in the U.S., hemp (meaning the roots, stalk, and stems of the cannabis plant) is legal to possess. No one can arrest you for wearing a hemp shirt, or using hemp paper. Marijuana (The flowers, buds, or leaves of the cannabis plant) is not legal to possess, and there are stiff fines and possible jail terms for having any marijuana in your possession. The seeds are legal to possess and eat, but only if they are sterilized (will not grow to maturity.)

Since it is not possible to grow the hemp plant without being in possession of marijuana, the United States does not produce any industrial hemp products, and must import them or, more often, substitute others. (There is a way to grow hemp legally, but it involves filing an application with the Drug Enforcement Administration and the DEA very rarely ever gives its permission.) This does not seem to have stopped people from producing and using marijuana, though. In many of the United States, marijuana is the number one cash crop, mostly because it fetches a very high price on the black market.

What are the statistics for marijuana in America?
The federal government has estimated that nearly eighty million Americans said they have smoked marijuana. Of these, twenty million Americans smoked marijuana during the past year.

More than 700,000 Americans were arrested on marijuana charges last year. In the last decade, more than 5 million Americans were arrested for marijuana offenses. Almost 90 percent of these arrests are for simple marijuana possession, not marijuana trafficking or sale of marijuana.

According to NORML, for approximately every 100 Americans who have tried marijuana, there is only one regular user of cocaine or heroin.

What is the effect of Gonzalez v. Raich—the recent Supreme Court ruling allowing the United States Department of Justice and the Drug Enforcement Agency to prosecute medical marijuana users—on state laws allowing medical marijuana?
Currenlty, twelve states have laws allowing medical marijuana. Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington. In a 6 to 3 vote, the Supreme Court decided that Justice Department has the authority to arrest and charge state authorized medical marijuana patients for violating the federal Controlled Substances Act. The case has the citation Gonzalez v. Raich 545 U.S. 1 (2005).
It is important to note that Gonzalez v. Raich does not give the federal law enforcement agencies more power to arrest or charge. Gonzalez v. Raich only strengthened the federal prosecutors’ argument that they can conduct marijuana arrests and press federal marijuana charges despite state marijuana laws, county marijuana laws, or city marijuana laws.

Experienced drug attorneys do not think that federal agents will increase drug arrests or drug charges against state authorized marijuana possessors, marijuana sellers, or marijuana manufacturers. Likewise, knowledgeable drug defense lawyers do not think that state and local police, who must enforce state marijuana law and local marijuana law, will disrespect the medical marijuana laws that were voted into law.

However, it is clear that there is a tension between state marijuana law and city marijuana law on one hand and federal marijuana law on the other. An informed drug lawyer will know the difference and how to aggressively exploit the difference on behalf of his client who was subjected to a drug stop, drug arrest, or drug charge.

Are there more minority drug users or white drug users?
Pot or other illegal drug possession and pot or other illegal drug selling occurs among minorities and whites in the United States. Some statistics have shown five times as many whites use pot and illegal drugs as minorities in the United States. However the war on drugs has, since its inception, seemed to target those who are Black, Latino or people of color.

A competent drug lawyer will know about racial profiling to help you fight your drug arrest or drug prosecution. You should ensure that your marijuana defense attorney knows your situation and knows how to aggressively argue racial profiling to the judge and jury if it is applicable.

Q: How does the prosecutor decide which drug cases to pursue?
A: The first thing the prosecutor looks for is a legally sound case, or one without any obvious defects that will get it thrown out of court, such as violations of the defendant's constitutional rights or destruction of evidence crucial to the defense. The prosecutor next decides if there is enough evidence, with regard to both the quantity and the quality thereof, to make conviction probable. Finally, the prosecutor decides if prosecuting the case fits in with the office's policy objectives, or whether a more informal disposition, like drug counseling or treatment, may be in order.

Q: Can a defendant plea bargain in a drug case?
A: Plea bargaining, which involves negotiating with the prosecutor to get the charges reduced and the punishment minimized, is allowed in drug-offense cases. For example, a person charged with three separate drug charges-possession, possession for sale, and transportation of drugs-may be able to negotiate the charge down to simple possession in exchange for an agreement to plead guilty to that charge. The prosecutor agrees to plea bargains in appropriate cases because the government simply does not have adequate resources to try every case, so both sides benefit from the bargain. A qualified marijuana defense attorney may be able to help you plea bargain your case by pointing out problems with the prosecutor's case.

Q: What defenses can be raised in drug cases?
A: The most common defense raised in drug cases is to challenge the search and seizure that resulted in the police finding the drugs. If the police violated the defendant's Fourth Amendment search and seizure rights, the court will suppress, or throw out, the drugs as evidence. The prosecution will then have far less evidence to prove the case beyond a reasonable doubt and the case could even be dismissed.

Q: Can a defendant be acquitted if he or she was on drugs when the crime was committed?
A: Defendants who commit crimes under the influence of drugs sometimes argue that their mental functioning was so impaired that they should not be held accountable for their conduct. Generally, however, voluntary impairment does not excuse criminal conduct, since people know or should know that drugs affect mental functioning, and they should therefore be held legally responsible if they commit crimes as a result of their voluntary use. An exception to this rule may exist in cases involving a crime that requires "specific intent," in which the offender must have intended the precise result that occurred but arguably could not have formed that intent in his or her drugged state.

Q: What is the difference between parole and probation?
A: Parole and probation are employed in the punishment phase of the criminal justice process. Parole comes into play after a person has been imprisoned and is released subject to supervision by an officer of the court. Probation, by contrast, refers to a criminal sentence separate and distinct from incarceration. Probation is the most frequent sentence imposed for less serious or first offenses and typically involves releasing the convicted offender into the community subject to a list of terms and conditions. Both parole and probation may include additional conditions, like attending drug education classes or receiving drug treatment.

Q: Are children charged with committing drug-related crimes prosecuted in the same manner as adults?
A: Children are subject to a separate judicial system called the juvenile court system. Generally, the focus of the juvenile court system is more on rehabilitation than on punishment. In some cases, however, older juveniles who commit more serious crimes will be charged as adults and tried in the regular criminal courts. In such cases, their sentence, too, will be more in accord with adult punishment, whereas in juvenile court any incarceration is usually in a more rehabilitative setting and generally ends when the juvenile attains the age of majority.

Q: Do I need a lawyer to represent me even if I am innocent?
A: Every criminal defendant needs an attorney. Innocent defendants are perhaps in even greater need of vigorous representation throughout the criminal process to ensure that their rights are protected and that the truth prevails. Even innocent people end up in jail, so the best way to prevent that miscarriage of justice is to employ the services of a seasoned veteran of criminal defense law, particularly one with experience defending against drug charges.

Q: If I simply intend to plead guilty, why do I need a lawyer?
A: Even if you are guilty of the drug crime with which you are charged, it is imperative that you seek the advice of experienced counsel so that you can minimize your sentence and maximize your opportunities to move ahead toward a brighter future. Criminal defense attorneys are needed to equalize the balance of power between the defendant and the prosecution and to ensure that the constitutional rights that are guaranteed to all criminal defendants, whether guilty or not, are preserved.

Domestic Violence FAQ

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Expungement FAQ

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General FAQ

How does the Government initiate charges against me?
You may be investigated for a criminal offense and receive a written citation from the officer who has investigated you. Or, you may be released without a citation, and later receive a summons to appear in the mail for a hearing, which can take place months or years later. For misdemeanor charges, the city/state has one or two years to file charges against you, depending on the severity of the charge. For a felony matter, the state of Washington has even more time to file charges against you, depending on the severity of the charge. This period of time between the alleged crime and the “deadline” to file charges against you is known as the “statute of limitations.” If you are held in custody in Washington, the State has 72 hours to either release you or file charges against you. If charges are not filed against you and you are released, it does not mean the case is over. You may receive a summons to come to court after the government has completed investigation and has decided how to proceed.

If charges aren’t filed against me for months, doesn’t that violate my right to a speedy trial?
Unfortunately, in Washington, the speedy trial rights you possess don’t apply until you appear for the “arraignment” in your case. Once that happens, you “technically” have the right to a trial within 90 days if you are out of custody; or 60 days if you are in custody (or if you are in juvenile court). I say “technically” because there are many exceptions and extensions to speedy trial, and it’s not as clear cut has it has been in the past.

If there is a very large and unreasonable delay in filing your charge, we can sometimes create an issue even if it is filed within the statute of limitations. But this would require actual proof that you have suffered “prejudice” from the delay in filing your case. This is hard to prove, but it’s worth discussing with your lawyer if you think it may apply.

Should I talk to a lawyer before charges are filed against me?
It is important to consult an attorney as soon as possible after you are aware that you are being investigated or charged with a crime. Some important work can be done prior to the filing of charges against you. And if charges are filed, some legal objections and challenges must be raised by an attorney at the first appearance or they are “waived” and you can no longer raise these issues at a later time. Having an attorney at every stage of the proceedings means that all your rights are protected.

Also, it’s important to have an attorney begin the process of investigation – witnesses’ memories fade, and information helpful to your defense may become harder to obtain as time goes on. An attorney can also advise you about taking remedial action quickly, in order to show the Judge and Prosecutor how seriously you take the allegations. For example, I have recommended to clients prior to the filing of their charges that they obtain (confidential) chemical dependency evaluations, install an ignition interlock device on their vehicle, enter counseling, begin community service, or one of many other options that may be helpful to their particular cases.

What if I don’t like the judge on my case?
In Washington criminal matters, you have the right to object to one judge on your case by filing what’s called an “affidavit of prejudice.” You do not need to demonstrate that there was actually a reason to conclude that they would be prejudiced against you specifically. In fact, most affidavits of prejudice are filed for legal and tactical reasons by an attorney. You should consult with an attorney before making a single court appearance in your case, because if you appear before a judge for one hearing and you do not object to the judge hearing your case, you most likely have waived your ability to object to that judge later.

Beyond that one affidavit, you cannot object to any other judges in your case unless you can demonstrate “actual” prejudice. For example, if the judge knows you personally and has a personal grudge against you and you can show this, the judge should recuse him or herself from hearing your case. This demonstration of “actual” prejudice is necessary to remove another judge from hearing your case. Otherwise, you may be stuck with whoever is assigned to hear your matter.

What if I don’t like the prosecutor on my case?
Sorry, unless you can demonstrate some actual conflict of interest in the prosecutor handling your case, there’s not really a chance of having a prosecutor removed from handling your case.

What kind of process can I expect once the case is filed?
For a misdemeanor offense in Washington, you will face charges in either district (state) or municipal (city) court. The first hearing you can expect is the arraignment. At that time, a formal “complaint” is filed against you (a document that lists the specific charge(s) against you, and you will usually (on the advice of an attorney) enter a plea of “not guilty.” This does not preclude you from changing your plea at a later time, and it preserves all your rights. If asked, you should not waive your right to a jury or speedy trial at this time. The judge also has the authority to set some “conditions” on your behavior while the case is pending. The judge can order bail/bond, if there is a fear for public safety or some reason to consider you a flight risk. At arraignment, the “speedy clock” starts ticking.

From that hearing, your matter is typically set for some type of pretrial hearing. In Superior Court, it is often called “case setting” – in district court, it can be called a “pretrial conference.” Some courts forego a pretrial hearing and set the matter directly for a “trial call” calendar, which is the step before trial, when your case is confirmed for a trial.

In a felony matter, your case can be initiated in a number of ways. Depending on the nature of the charge and the county in Washington in which your case is charged, you could be required to appear for a bail setting hearing, where the judge determines if there is probable cause to restrict your freedom by imposing conditions of release. Conditions of release may include bail or bond, requirements to remain in the State of Washington, restrictions upon your use of alcohol or drugs, or orders to refrain from contacting victims or witnesses involved in the case. If charges are not filed at this first hearing, the State typically has 72 hours in which they must either charge you with a criminal offense, or you must be released. If you are released, they may file the offense months or years later, after investigation is complete. The time frame for filing is known as the “statute of limitations.”

You have a constitutionally protected right to a jury trial for a criminal offense (unless you are a respondent in juvenile court). The prosecutor also has a right to demand a jury trial, even if you wish the trial to be held before a judge. It’s best to consult with an attorney about the best strategy in your particular case regarding the type of trial to request.

Most cases do not proceed to a full trial. Over 90% of cases in Washington settle with some sort of resolution (either a plea, deferred prosecution, diversion, etc.). However, it is in your best interest to hire an attorney who is prepared to proceed to trial if that is in your best interest.