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Category Archives: Criminal Defense

Defending Your Rights During ‘Stay Home’ Order!

Even though many businesses and services are shut down by Governor Inslee’s Stay at Home order, law enforcement continues to patrol the roadways, and arrests will continue for those suspected of driving while in under the influence.  Attorneys defending your rights are considered Essential Workers by the Governor for a reason!

If your charged with a crime or DUI during the ‘Stay At Home’ order, the clock begins ticking on important rights, even in a crisis like this one!  Call now for a free consultation with Jakob McGhie at 360-736-1301, or 360-880-2399 for 24/7 access to a criminal defense attorney.

Continue reading Defending Your Rights During ‘Stay Home’ Order!

Legislature may change definition of “Theft”!

The Washington State Legislature is considering a change to the definition of “Theft” as defined in RCW 9A.56.020.  Currently, Theft means

  • To wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or
  • By color or aid of deception to obtain control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or
  • To appropriate lost or misdelivered property or services of another, or the value thereof, with intent to deprive him or her of such property or services.
Criminal Defense Attorneys in Olympia and Centralia.

In Washington, a person has to physically leave the store before the intervention can take place.  This has put many loss prevention and security officers at risk attempting to contact suspects outside of the retail location.

Therefore, the Legislature is considering amending the definition of “theft” for purposes of theft-related offenses to include concealing the property of another intending to deprive the other person of its use or benefit.

When House Bill 1159 was considered last year, there were concerns about inclusion of the phrase “permanently deprive,” which could make theft offenses crimes of moral turpitude. That phrase has been removed in the current version of the bill.

Criminal Defense Attorneys in Centralia and Olympia

Althauser Rayan Abbarno has been representing individuals and businesses in our community for more than 70 years. For a FREE Criminal Defense Consultation with our attorneys in Centralia or Olympia, Call (360) 736-1301 or visit CentraliaLaw.com

 

 

 

DUI. . . on a Bicycle?

Can Bicyclists Be Charged With DUI?

Labor Day Weekend is the last holiday before students return to school. Labor Day is the last holiday of the summer. Labor Day is generally celebrated with family and friends at a BBQ.  The attorneys with Althauser Rayan Abbarno want to remind our community to drive safely, stay alert, and drink responsibly . . . regardless of your mode of transportation!

Bicycling is a popular form of commute in Washington. In SW Washington , the Tenino – Yelm Trail, Willapa Trail, and Seattle To Portland Bicycle Ride have put our region on the map for great rides.  It is no surprise that Washington has been honored with the title as the country’s number one “Bicycle Friendly State” by the League of American Bicyclists.

Can a person be charged with DUI by riding a bike under the influence of drugs or alcohol?

Continue reading DUI. . . on a Bicycle?

McGhie: What Rights Are You Waiving by Joining CCAT?

What Rights are you waiving by joining CCAT? That should be your first question before sighing up with the Centralia Police Department’s new initiative to combat car thefts, the Centralia Combating Auto Theft (“CCAT”) program.

Participants can register their vehicle’s information with the department, and by doing so, authorizes a stop of that vehicle anytime between 1:00 am and 5:00 am. Officers who see vehicles out at this hour with a reflective Tiger CCAT window sticker provided to participants have the car owner’s consent to stop that car for any reason, or no reason at all, to ensure that the car is either driven by the owner, or another person that has the owner’s permission.

“It is very important that a citizen understand the rights he or she is waiving before agreeing to the CCAT,” said Jakob McGhie, Attorney with Althauser Rayan Abbarno, LLP. “Reasonable suspicion to make a stop is a very important aspect of our legal process.” Continue reading McGhie: What Rights Are You Waiving by Joining CCAT?

Police ‘Emphasis Patrols’: Your Rights and Responsibilities

The holiday season means a lot of traveling and fun with family and friends. It also means the driving conditions become dangerous because of traffic congestion, rain, snow, and slippery leaves on the roadway. The attorneys with Althauser Rayan Abbarno want to remind you to drink responsibly and stay focused on road conditions and avoid a DUI.

The State Patrol announced this past weekend that it will be conducting emphasis patrols in Lewis, Thurston, Cowlitz, and Clark counties. This means law enforcement will patrolling more aggressively, actively looking for infractions, and making more contact with drivers. At no other time is it more important to stay alert and stay sober. Unfortunately, mistakes happen and you, a friend, or a family member may find themselves detained by law enforcement. If you are stopped by law enforcement, remember the following:

1. Be calm and respectful. No one ever made a case better by arguing with an officer.

2. You have the legal obligation to share the following information: Your Identity, Your driver’s license, Your automobile registration, and Your proof of liability automobile insurance. RCW 46.61.020. Other than the above information, you have the right to remain silent. Inform the officer you don’t want to answer any questions and that you choose to invoke your right to silence.

3. Follow all lawful commands the officer makes, including getting out of the vehicle if ordered to do so. However, all roadside testing is voluntary, and you have no duty to perform any tests or answer any questions, including roadside sobriety tests.

4. If you are arrested for a DUI, you will likely be asked to provide a sample of your breath for testing. Before you do so, you have the right to contact an attorney, which you should exercise. RCW 46.20.308. It is important to unequivocally invoke your right to silence, and ask to contact an attorney for advice. Remember, ask to speak with your attorney, and at your first opportunity call Jake McGhie 24/7 at 360-880-2399.

The first and most important priority for your holiday season should be spending time with loved ones, and getting there and home safely. That’s the goal of law enforcement as well. Be safe, drive sober, but know your rights in case the unexpected occurs.

If you or a loved one has been arrested or charged with DUI, a traffic infraction, or any felony or misdemeanor crime, call Jake McGhie with Althauser Rayan Abbarno 24/7 at 360-880-2399 for a free consultation in Centralia or Olympia.

Criminal charge or conviction hurting your job prospects?

Like most Americans, job hunters in Southwest Washington are having a tough time securing employment. There are too many applicants for too few jobs. Now, more than ever, job hunters need to get noticed for all the right reasons. If you have a criminal record, you are getting noticed for the wrong reasons.

Criminal charges and convictions have a tendency to haunt people throughout their lives; especially those which occurred at a young age. What can you do? Vacate and seal your criminal conviction!

If you have a criminal record, you may petition the court to have that conviction erased from your record. This means that once the court vacates a record of conviction, you will be released from all penalties and disabilities resulting from the offense, including answering “NO” to the question on a job application as to whether you have ever been convicted of a crime.

If you or someone you know has a criminal charge or conviction they need removed from their record, contact Jake McGhie at (360) 736-1301. Althauser Rayan Abbarno represents clients in Thurston, Lewis, Grays Harbor, and Cowlitz counties, as well as throughout the State of Washington.