Dealing with Extraditable Arrest Warrants
Q: I have an extraditable warrant in NY but live in WA. Could this be handled from WA? Is a federal public defender an option?: Its a felony drug warrant for possession. I have no prior drug charges. I am from and currently reside in Washington state. Michael’s answer: If this is a NY State […]
SOC: The Better Alternative to a Deferred Sentence
Last month, I wrote about deferred sentences and I why I don’t recommend them as an option to my clients seeking to resolve misdemeanor or gross misdemeanor charges without getting a criminal conviction on their record. Here I will discuss the alternative I prefer: SOCs. A ‘stipulated order of continuance’ (SOC) also referred to variously […]
Why I Hate Deferred Sentences
RCW 3.66.067, Assessment of punishment–Suspension or deferral of sentence–Dismissal of charges, authorizes Courts of Limited Jurisdiction (District or Municipal courts) to “[a]fter a conviction . . . impose sentence by suspending all or a portion of the defendant’s sentence or by deferring the sentence of the defendant and may place the defendant on probation for […]
Vacating Felony Convictions
Last month I wrote about how a person with misdemeanor criminal history can go about trying to clean up some of that undesirable past by vacating their misdemeanor and gross misdemeanor convictions. Cleaning up or vacating felony history is more complicated. But is it is also more important because felony history can be so much […]
Misdemeanor Criminal History
Anybody who has been convicted of a crime knows the detrimental effects of that conviction can linger long after the case has been resolved. These are what we in the law call the “collateral consequences” of having criminal history and they can range from the loss of ability to enter Canada to deportation or exclusion […]
Should You Take the Roadside Field Sobriety Tests?
A lot of my DUI clients tell me they agreed to to take the “voluntary” filed sobriety tests (FSTs) offered by the law enforcement officer because they wanted to appear “cooperative” or simply didn’t understand that they had every right to decline to submit to those tests. Unfortunately, I then have to inform those folks […]
Should I take the DUI Breath Test?
Lots of folks ask me if they should agree to take a breath test if they are arrested for a DUI. That used to be a pretty easy question to answer because the penalty for refusing – a two year license suspension with NO possibility of driving during the suspension – was so very harsh. […]
Minor in Possession
Minor in Possession or MIP Minor in Possession or MIP is shorthand for RCW 66.44.270, Furnishing liquor to minors–Possession, use–Penalties–Exhibition of effects, and it is probably the most commonly charged crime in the City of Bellingham, particularly when WWU is in session. But for a common crime, it’s pretty complicated. There are 3 ways a […]
I am a Canadian citizen and I received a speeding ticket in Washington in 1991. Is there a statute of limitations on tickets? If not, how do I pay from BC? Will I get arrested if I travel to the United States?
Michael’s answer: Is there a statute of limitations on tickets? Generally, unpaid tickets do not go away and they will suspend your driving privilege in Washington even if you don’t have a Washington license. So if you are Canadian (or other), and drive into Washington you would be driving with a suspended license and subject […]
In Washington, does a Minor in Possession of Alcohol conviction effect your license if your are 18? years old
Michael’s answer: If you were already 18 when you received the Minor in Possession (MIP) it should not effect your license.