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For starters, let’s say that John Doe is charged with possession of a firearm when he is pulled over by police late one night. At the time he was charged, he was in a car with a friend who is indisputably the one who possessed the gun and concealed it under the seat of the car prior to the traffic stop. All reports from the law enforcement officers indicate that the weapon was possessed by the friend of your client.  The officers searched the vehicle and found the gun under the friend’s seat. The State charged the friend with and is now trying to make an example of Doe. So what do you do?

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To continue from last week’s post, here are more questions frequently asked by Washington clients involved in family law cases:

  1. Am I allowed to move?

When an unmarried parent wants to move they have to consider how their move may impact their relationship with their child.  With that in mind, many unmarried parents come into our office wondering whether they are permitted to move.  The short answer is usually yes.  The longer (and more helpful answer) is that it depends.  When we say that people can move, we mean that they do have the right to move.  What they may not have the right to do is move their children.  In general, if an unmarried parent wants to move within the child’s current school district, it will not be a problem and they are free to do so.   However, if the move is outside the child’s school district boundaries, the move should be discussed with a family law attorney.  In these cases some parents may be required to provide more formal notice, and may end up needing to go to court to ask the court to permit them to move with their children.  Continue reading

Washington State courts can issue an No Contact Order (NCO) as condition of sentence, but can they require a distance requirement that results in a hypothetical client being prohibited from living in his residence which is next door to the alleged victim? The statute authorizing a no contact order states that such a order must clearly be read to prohibit conduct as the principal legislative intent.  See e.g. RCW 10.99.040(2)(a)(“contact” mentioned 4 times before the single mention of “distance”). Continue reading

Many people that come into our office hoping to “legally separate” from their spouse are unsure what being legally separated actually means.  In many cases, when we explain what a legal separation is, people decide that a legal separation is not what they are looking for.  In many cases, they opt instead to file for dissolution of marriage and file temporary orders during the pendency of the proceedings.  This article attempts to provide some basic information on the legal separation process, and why some people choose it over divorce.

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NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION — A new federal study shows that drivers who have used pot are just as likely to get into a crash as sober drivers. The study was performed by the National Highway Traffic Safety Administration (NHTSA) in Virginia and compared more than 3,000 drivers in the area who were involved in an accident with over 6,000 control drivers who were not in an accident.

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Most divorces include the division of property.  In some cases, especially those with limited assets, this can be a very simple, straightforward process.  However, in cases involving complex assets, especially those of high-value, the process can be much more complicated.  In these more complicated cases, it may be necessary to hire experts and obtain formal appraisals.     Continue reading

In December 2014, the Washington State Supreme Court held that the HGN field sobriety test, which can indicate physical signs of alcohol consumption, cannot by itself establish impairment.  On August 28, 2011, Washington State Patrol Trooper Stone observed Ryan Quaale driving his truck 56 mph in a 25mph zone on a residential street. Continue reading

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