Do I need an attorney for a DUI Review Hearing?

The court is having that hearing to decide whether to revoke some suspended or (rarely) deferred jail time and fines due to some alleged failure to comply with treatment, conditions of release imposed by the court or probation, including for getting a new charge while your case with the review hearing is still on probation … Read more

Can I get my DUI charge reduced?

Can YOU? Probably not if you represent yourself, but with the help of an experienced private DUI defense lawyer, maybe. Obviously, this will turn heavily on the facts of your specific case. If you had a ‘low’ blow, for a first DUI, and didn’t cause any property damage or personal injury, you have a reasonable chance … Read more

Am I OK just going with the public defender?

Usually – NO, you are not. Some may be, and some are, good lawyers – but the simple truth is that they’re forced to be minimalists in defending their zillions of clients due to low budget and, mostly, their huge caseloads, except perhaps in some homicide cases. They are therefore not always thorough, cannot fight … Read more

Phil Weinberg’s Assault/DV FAQ

1) What’s the difference between Assault and Battery? Many linguistic pedants try to use a strict definition of assault vs battery, saying Assault means to cause fear (such as swinging your fist at someone’s face, but stopping before actual contact is made) while Battery means to actually strike, (such as sneaking up behind someone, and … Read more

First 48 Hours AFTER a Felony Arrest

After a felony arrest contact a lawyer right away. Immediately. There will be a first appearance hearing in most cases right after your arrest or within a few days (a little longer if any drugs and thus lab tests are being done by the toxicology lab before the prosecutors determine how and with what to … Read more

Legal Separation

1) Does the state of Washington offer the option of legal separation, in lieu of an absolute divorce? Yes. If the filing party requests the court to decree a legal separation in lieu of an absolute divorce, the court shall enter the decree in that form, unless the other party objects and petitions for a decree … Read more

Grounds for Divorce

1) What is meant by “grounds for divorce”? A “ground” for divorce is a “reason” for divorce or Legal Separation. 2) What are the recognized grounds for divorce in Washington? The only legal grounds for divorce in the State of Washington is that the marriage is irretrievably broken. “Irretrievable Breakdown of the Marriage” is also … Read more

Division of Property

Washington is a Community Property state and generally, the rule is that if you earned it during the marriage it is owned as an undivided whole by both parties. However, the courts are given discretion in dividing property in a “fair and equitable” manner. This division of assets and liabilities needs to be done thoughtfully so … Read more