FAQ's

As soon as you are arrested, charged with a crime or alerted that you are under investigation. The sooner you hire an attorney from SQ Attorneys to represent you, the sooner you can start proactively working towards getting a better resolution of your case.

The answer is a resounding, YES! You need a highly skilled, competent attorney to help you navigate the complicated legal system and ensure the best possible outcome for your case. Attempting to represent yourself is a recipe for disaster.

No, not necessarily. Settlement agreements before reaching the trial stage are very common. Your attorney can help you decide the best course of action to take for your case.

The cost for every defense is unique to the crime, the location, your criminal history, etc. SQ Attorneys charges one flat fee for your entire case, up to the point of a trial. If your case goes to trial there will be an additional fee.

No. You have the right to remain silent.

You should hire an attorney to help you deal with the warrant that was issued for your arrest when you missed the appearance. You could also turn yourself in.

You should dress professionally, as if you were going to a job interview. Absolutely no shorts, tank tops, or hats of any kind.

Bail is the amount of money a court can make you post as insurance that you will appear at all of your court dates and follow the court's orders. If you post cash bail with the court you will receive all of the money back at the resolution of your case. You could also use a bail bond company and pay 10% of the court's bail amount.

For most criminal charges it will take 3-6 months to have a resolution. You could then be on probation for a period of time after that.

It is your choice as to whether or not you want to go to trial rather than accepting a plea deal. Your attorney will advise you on what he thinks is best.

No. You can never be forced to take the stand. Your attorney will advise you as to whether he believes it's in your best interest to testify or not.

Yes, as long as you've gone five consecutive years without being convicted of another crime.

The answer is unique every time. It depends on many things including the charge, the severity of the crime, the location or jurisdiction, and your criminal history. Most criminal defense cases are handled on a flat-fee rather than hourly basis, so you will know your financial obligation on day one. SQ Attorneys does provide payment plans for most cases.

It basically comes down to the severity of the crime. A Gross Misdemeanor is more serious, and just falls short of being a felony. Examples of Gross Misdemeanors are DUI, Assault in the 4th degree, Harassment, and Violating a No-Contact Order. Examples of Misdemeanors are Prostitution, Criminal Trespass in the 2nd degree, indecent exposure, and disorderly conduct.

You are under arrest if you are taken 'into custody' by law enforcement.

Always, Not Guilty.

Bail is the amount of money a court can make you post as insurance that you will appear at all of your court dates and follow the court's orders. If you post cash bail with the court you will receive all of the money back at the resolution of your case. You could also use a bail bond company and pay 10% of the court's bail amount.

If you are not a U.S. citizen, criminal charges can greatly and negatively affect your immigration status. Your criminal defense attorney will very likely recommend you work with an immigration attorney as well.

"Three Strikes and You're Out" is a law that went into effect in Washington State in 1993. The law hands down the penalty of life in prison (without the possibility of release) for what is called "persistent offenders," or individuals that commit three of the "most serious" offenses. These offenses include felonies like murder, child molestation, rape, incest, manslaughter, kidnapping and promoting prostitution in the first degree.

Yes, as long as you've gone five consecutive years without being convicted of another crime.

Unlike many criminal cases, civil protection orders are generally handled very quickly. Once a petition has been filed, a hearing for a temporary protection order can take place in as little as 24 hours, or even on the same day of the filing. A full hearing with both the Petitioner and Respondent present will most likely take place within two weeks of the petition.

Contact a highly qualified DUI Attorney at SQ Attorneys as soon as possible to help you navigate the process and lessen any potential consequences/punishments.

A DUI conviction in Washington State will remain on both your criminal record and driving record for life. There is currently no way to have a DUI expunged from either record. This is why it is of utmost importance to hire an attorney as soon as possible to potentially get your DUI reduced to a lesser charge.

The flat fee will vary greatly from client to client, and depends on many factors including your age, where you were pulled over, your blood alcohol results, your criminal history, and whether or not you cooperated with the officers.

In Washington state, field sobriety tests are “voluntary”, and law enforcement is trained and instructed to inform a subject that the tests are “voluntary” and “ask” the subject if he/she is willing to do the tests. Generally it is a good idea to decline to do the “voluntary” field sobriety tests. It goes without saying that field sobriety tests can be compromised for a multitude of reasons, ranging from the weather to physical capabilities, just to name a few. The criminal defense team of SQ Attorneys has been trained and are certified to conduct NHTSA standardized field sobriety tests; they understand what is required to validate the tests, and they review each case involving field sobriety tests to ascertain whether the tests were conducted correctly by law enforcement.

If you refuse to give a breath sample at both the scene and later at the police station or hospital, your penalties will be more severe with both the court and the DOL.

Yes, you can be charged if an officer has probable cause to believe you were impaired, regardless of your BAC.

For a commercial vehicle driver, the legal BAC limit is 0.04% while operating a commercial motor vehicle, which is half the standard 0.08% limit for other drivers.

A first DUI conviction results in a one-year suspension of your CDL. Driving with hazardous materials will result in a three-year suspension. A second DUI conviction will result in a life-time suspension of your CDL. These penalties apply even if the DUI offense occurred while driving a non-commercial vehicle. 

Every court and every day is different. It depends on how many other defendants are scheduled to appear at the same time. Generally speaking, defendants who arrive with an attorney for their hearing will be heard by the judge earlier than those appearing without an attorney.

A bench warrant will likely be issued for your arrest, your license will be suspended, and you may face additional criminal charges. If you hire a DUI lawyer at SQ Attorneys, he will make sure you don't miss a hearing.

No. a BUI does not result in a driver's license suspension in Washington State.

• Holding a cell phone or other device to talk, text, or use apps.
• Reading, typing, or sending text messages.
• Looking at or taking photos or videos.
• Any manual activity that requires holding the device, even if it's dash mounted.
• Grooming, smoking, or eating if it interferes with safe driving.
• Headphone use in both ears.

• Using a hands-free device for phone calls, as long as you don't hold the phone.
• Using a dashboard-mounted device for GPS or music, as long as it only requires a single touch or swipe to start the function.
• Making an emergency phone call to 911.
• Emergency vehicle and commercial drivers can use hand-held devices like two-way radios

It is a device you have to pay to have installed in your vehicle that requires you to pass a breath test in order to start the car. It may also require you to periodically blow into the device while driving. There is an installation fee and a monthly monitoring fee as well.

In most instances it will take months before the process is complete. Most courts have a huge backlog of cases. Patience will definitely be required!

A physical control charge in Washington state means you are in "actual physical control" of a motor vehicle while under the influence of alcohol or drugs, even if the car isn't moving. This can happen if you are in the driver's seat with the keys in the ignition or have the engine running and have a blood alcohol concentration (BAC) of 0.08% or higher or a THC concentration of 5.00 or higher within two hours of being in control of the vehicle. This charge is similar to a DUI but applies when you have the ability to operate the vehicle, not when you are actively driving it.

Politely inform the officer that you are:

1. choosing not to answer any questions.
2. requesting the assistance of an attorney.
3. not consenting to any searches, unless otherwise authorized by law.
4. choosing not to perform field sobriety tests.
5. choosing not to give a breath sample on scene.
6. willing to take a breath test or blood test at a police station or hospital, unless after speaking with an attorney, you are advised otherwise.

It means operating a vehicle while failing to use ordinary care, either by doing something a reasonably careful driver would not do or not doing something they would.

The key difference is the presence of intoxication. If you drive negligently AND are found to be using drugs and/or alcohol, the charge would be negligent driving in the first degree.

Yes. Negligent driving citations can be issued for other behaviors like erratic lane changes or distracted driving.

Yes. Both first and second degree negligent driving violations will likely increase your insurance premiums.

A negligent driving charge will remain on your driving record for three years. A negligent driving in the 1st degree conviction will remain on your criminal record permanently unless it is vacated.

Reckless driving is a more severe crime involving willful disregard for safety while negligent driving is based on careless or inattentive driving.

Washington state does not specify a particular speed as reckless driving, rather the charge is based on a sum of all circumstances including speed, road conditions, spin outs, etc.

30 days

BUI is a gross misdemeanor that carries penalties of up to 364 days in jail and a $5,000 fine.

The legal limit for BUI in Washington State is a Blood Alcohol Concentration (BAC) of 0.08% and for marijuana the legal limit is 5.0 nanograms.

A Habitual Traffic Offender is someone who has three serious traffic offenses (DUI, Reckless Driving, Vehicular Assault, DWLS 2, etc.) over a five year period of time or someone who has 20 traffic infractions (speeding tickets, for example) over a five year period of time.

In Washington State, you will lose your license for seven years if you are found guilty of DWLS 1.

You may be eligible to get your license reinstated after four years if you have no new criminal law violations. if a reinstatement is granted, you will be eligible to drive under strict conditions to which you must adhere.

In many cases, you can still drive to work, school, or other essential appointments by applying for an ignition interlock license (IIL).

Absolutely not unless your attorney gives you the go ahead.

If police have probable cause to believe a crime occurred, they are required to make an arrest.

No. Again, if the police have probable cause to believe a crime occurred, an arrest will definitely be made.

No. Once charges are filed, only a prosecutor can drop them.

The court can approve a 'civil standby' where a law enforcement officer goes with you to your home to supervise while you remove some personal belongings. You will generally have about ten minutes to gather what you need.

Do NOT respond in any way to the contact attempts. Hang up the phone; refuse to answer the door; do not respond to texts or emails. You should definitely keep evidence of these contact attempts for future reference.

No, not by the alleged victim. Only the prosecutor can make the decision to dismiss or proceed with assault charges. The prosecutor's office reviews the police incident report after an arrest to determine whether or not they will file charges. They will consider the victim's requests, but they may decide to file charges even if the victim chooses not to cooperate.

There is generally no statute of limitations for most felony assaults in Washington. For Assault IV charges, prosecutors must typically file charges within two years of the alleged crime.

Most cases of harassment are considered gross misdemeanors and are punishable by up to 364 days in jail and a fine of up to $5,000. If the harassment is deemed to be a Class C Felony, it is punishable by up to 5 years in prison and a fine of up to $10,000.

It is a public database that requires individuals convicted of certain sex or kidnapping crimes to register with law enforcement. This information is made available to the public through the Washington Sex Offender Public Registry (WASOR) which allows people to search for offenders and sign up for email alerts.

The length of time depends on the severity of the conviction. It can be 10 or 15 years, or in the case of more serious crimes, it can be for life.

Possibly. Registered offenders are classified into three risk levels:

• Level 1 (Low Risk): Public disclosure is limited to certain parties, such as law enforcement or victims.
• Level 2 (Moderate Risk): Information is published on the WASOR for anyone to look up.
• Level 3 (High Risk): Public notification is extensive and includes information on the WASOR website.

Misdemeanor offenses such as prostitution, patronizing a prostitute, and permitting prostitution can result in penalties including up to 90 days in jail, mandatory fines up to $1,000, mandatory attendance in educational programs, probation, community service, and other requirements such as HIV testing and stay out of area orders. Some areas, including Seattle, have additional fees for victim funds.

For most offenses, lewd conduct is a misdemeanor which can result in up to 90 days in jail and a fine up to $1,000. If the lewd act is performed in the presence of someone under the age of 14, it becomes a gross misdemeanor, punishable by up to 1 year in jail and a fine up to $5,000.

No. Breastfeeding or expressing breast milk is not considered indecent exposure.

No Contact' means absolutely no contact in any form. This includes physical contact, phone calls, text messages, emails, social media, and communication through a third party.

The court will generally allow contact regarding the children through a court-monitored or third party monitored electronic communication platform similar to email. If you attempt to communicate about anything other than your children on this platform, you can be charged with violating your no contact order.

A criminal no contact order is issued in criminal cases by a court, whereas a civil protection order is filed by an individual seeking protection from another individual; it does not have to include the commission of a crime.

Yes. You can file for one type of order and request that other 'labels' be added.

An adult who is at least 18 years of age and unable to care for themselves or protect themselves from abuse, neglect or exploitation due to a functional, mental or physical disability.

No, no direct relationship is required.

Yes, you will still have to appear in court. In most cases, this means you can appear either in person or through a court's online meeting forum.

f you are convicted of Malicious Mischief you will most likely be required to pay restitution to the victim for the costs of repair or replacement.

• 3rd Degree Malicious Mischief = Maximum jail time of 364 days and a maximum fine of $5,000
• 2nd Degree Malicious Mischief = Maximum jail time of 5 years and a maximum fine of $10,000
• 1st Degree Malicious Mischief = Maximum jail time of 10 years and a maximum fine of $20,000

First Degree Robbery can include up to life in prison and fines up to $50,000. Second Degree Robbery can include up to 10 years in prison and fines up to $20,000.

These are some of the potential steps our attorneys would take:

• Review all of the evidence against you
• Look for additional evidence that could help in your defense. For example, evidence of your whereabouts at the time the robbery was committed
• File motions to attempt to suppress some of the evidence against you
• Look for problems with the way the police and/or prosecutor handled the investigation of your arrest, and attempt to have evidence thrown out.
• Challenge the quality or lack of video footage or photos that are being used to potentially identify you
• Question the accuracy of any witness testimony
• Argue that your rights were violated and/or you were coerced into a confession

No. While other states may define 'larceny' differently, Washington State law combines offenses, including larceny, under the single, broad category of 'theft.'

Retail theft or shoplifting, theft of a firearm, motor vehicle theft, and possession of stolen property are all examples of 'theft' in Washington State.

Yes. You could be looking at up to 364 days in jail for a Third Degree Theft conviction and up to 10 years in prison for First Degree.

Do not speak to law enforcement without an attorney. You have the right to remain silent. Avoid signing paperwork from the security or loss prevention staff at a retail location and do not admit guilt. Contact a criminal defense attorney as soon as possible.

No. Following the 2021 State Supreme Court decision, State v. Blake, the possession of cocaine is now a Gross Misdemeanor, but it still comes with potentially harsh penalties.

Yes, in certain circumstances they can be dropped or reduced. It depends on the specifics of your case, your past criminal history, and whether your rights were violated during the arrest or investigation.

Drug Court is a special, therapeutic court program that offers non-violent, substance-addicted offenders an alternative to traditional prosecution and jail time. The program focuses on rehabilitation rather than incarceration.

A child must be at least 8 years old to face criminal charges.

No. A child under the age of 18 must have a parent or guardian secure legal representation for them. If they are unable to do so, a public defender will be appointed to the child.

The policy of Screen and Release was put into place to reduce the number of juveniles in detention. A judge will be assigned to read the arrest information and will determine whether or not to place the juvenile in detention or return them to their parent or guardian's custody. The most serious crimes do not meet the criteria of Screen and Release, and the juvenile will be put in detention no matter what.

Every case is unique, and every settlement is unique. The value of your case will depend on many factors, chief of which are the medical & out-of-pocket expenses you incurred, the severity and duration of your injuries, and the effect to your life and your family's lives. We will work to make you as close to 'whole' again as possible.

Generally speaking, the statute of limitations for most personal injury claims is three years from the date of the accident or injury.

Making a personal injury claim is very seldom a speedy process. It could take months, if not years, to reach a resolution. Patience is definitely required!

We will not charge a dime up-front to take on your case. We will pay all of the costs involved with an investigation and resolution. When you receive your settlement, SQ Attorneys will receive 33 1/3 of said settlement.

A good personal injury attorney can help you recover past, present, and future medical expenses, current and future lost wages, and compensation for pain & suffering, emotional distress, loss of consortium, and loss of enjoyment of life.

• Prioritize your health and the health of any passengers. Your first concern should be seeking medical attention if you are injured.
• Gather Information. Collect the names and contact information from any and all witnesses and the person(s) who caused the accident. Take photos of the scene and vehicles involved if at all possible.
• Report the Accident. Notify the authorities by calling 911.
• Avoid Discussing Fault. Do not admit even partial fault for the accident or discuss the details with anyone.
• Hire a Personal Injury Attorney as soon as possible.

Washington State uses a comparative fault system. If you are found to be partially at fault for the accident, your potential compensation will be reduced by your percentage of fault.

A good personal injury attorney can help you recover past, present, and future medical expenses, current and future lost wages, and compensation for pain & suffering, emotional distress, loss of consortium, and loss of enjoyment of life.

Most personal injury claims, including those for a catastrophic injury, have a statute of limitations of three years from the date of the injury.

There is no limit on the amount of damages that can be awarded in Washington State.