Frequently Asked Questions

The maxim that “silence is golden” is especially true with regard to criminal proceedings. Under the Federal Constitution and the Washington State Constitution, every citizen has a right to remain silent when they are suspected of criminal activity and are contacted by the police. It is critically important that anyone in that position should clearly and unequivocally express their intention to exercise their constitutional right to remain silent, and to clearly and unequivocally request access to legal counsel. All too often, we have experienced situations where we are reviewing a police report with a client, and the client is indicating that the police report does not accurately reflect the statements the defendant actually made to the police, or that the defendant’s statements have somehow been misconstrued or interpreted incorrectly by the police. These types of problems, which can be very serious, can all be avoided by a defendant’s exercise of his or her right to remain silent. Once this right is asserted, the police are not allowed to conduct any further interrogation. A defendant’s exercise of his or her right to remain silent cannot be used against the defendant in any way. It cannot even be the subject of later comment by either the police or the prosecution. As silence cannot be misconstrued or misinterpreted, the first rule is to always exercise your right to remain silent, and to request assistance of legal counsel immediately.

Criminal proceedings can start in various ways. Most commonly, the proceedings start with the arrest of the defendant. This requires an initial court appearance, usually within a day or two of the arrest, for the judge to make an initial determination as to whether or not the court can proceed. If the judge determines the case may proceed, a number of other court appearances are scheduled within time periods prescribed by court rules. Less commonly, a case can start with the prosecutor’s office directing a summons to the defendant, which notifies the defendant of the time when the defendant is required to appear in court to respond to those charges. In either scenario, It is critically important that anyone who is charged with any type of criminal offense pay very careful attention to all court dates, and always attend court on all scheduled court dates. It is very important that anyone who is arrested, or is summoned into court, immediately obtain assistance of counsel, who can then immediately begin to take steps to safeguard the interests of the defendant.

Another important aspect of criminal procedure is the issue of whether the evidence which the prosecutor wants to use in any criminal proceeding was lawfully obtained, and whether it is admissible in support of any criminal charges brought against the defendant. Both the Federal Constitution and the Washington State Constitution contain provisions that forbid use of any evidence in court that was obtained as the result of an illegal search or seizure of the defendant or his property. Many criminal proceedings, such as charges of unlawful possession of drugs, weapons or other items usually depend on the ability of the prosecution to have the items seized by the police admitted into evidence in that case. Consequently, one of the first issues to be addressed by defense counsel is whether any such evidence was obtained as a result of an unlawful search or seizure, and to seek suppression of that evidence, which would prevent the state from using that evidence in support of the charge against the defendant. Very often, in the event that the court agrees that the evidence was obtained by the state as a result of an illegal search or seizure, suppression of that evidence will result in a dismissal of the charges against the defendant.

No, it is a common but incorrect belief that you can make a Will in Washington by simply writing out your wishes and signing it. This type of written statement fails to meet the minimum requirements for a valid Will. Morgan Law will ensure your Will is properly drafted, legally valid, and reflects your wishes accurately.

Yes, you can create your Will now and update it at any time in the future to reflect any changes in your family, property, or wishes. It is recommended that you review your estate plan every couple of years or when there is a major life event. If you currently have a Simple Will and would like to make changes, Morgan Law can assist you to validly execute a new Will with your desired wishes.

No, making any marks such as strikethroughs or additional words or names on your Will after it has been executed will invalidate it and your property will then be distributed according to your last validly executed Will that does not have any markings on it, or by law. If you desire changes on your Will, Morgan law can assist you to validly execute a new Will with your desired wishes.

Generally, yes, a properly executed Will written in one state in accordance with law will most often hold up if you move to a different state. However, each state has its own laws regarding Wills and Trusts, and Washington law may have an effect on your out-of-state Will regarding the distribution of marital property and who can serve as your Personal Representative. It is best practice to update your Will when you move to a new state, Morgan Law will ensure your Will is properly drafted, reflects your wishes, and is legally valid according to the laws of Washington.