Frequently Asked Questions

No, but you must assert your right to remain silent by clearly, in a way that leaves no doubt, indicate your intention to refrain from answering any questions and request access to legal counsel. Your right to remain silent will not be initiated if you simply do not speak or ignore the questions.

Once this right is asserted, the police are not allowed to conduct any further interrogation. Your assertion of your right to remain silent cannot be used against you in any way. It cannot even be the subject of later comment by the police prosecution.

Under the U.S. Constitution and the Washington Constitution, every citizen has a right to remain silent when they are suspected of criminal activity and are contacted by the police. The saying “silence is golden” is especially true with regard to criminal proceedings as silence cannot be misconstrued or misinterpreted.

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 client actually made to the police, or that the client’s statements have somehow been misconstrued or interpreted incorrectly by the police. These problems, which can be very serious, can be avoided by a person’s exercise of their right to remain silent.

Most often criminal proceedings start with the arrest of the accused, but other times may begin by the prosecutor’s office direction a summons to the accused.

When an arrest occurs an initial court appearance called a “preliminary appearance” is required to happen within 48 hours or the next judicial day following a person’s arrest, for the judge to make an initial determination if the court has enough information for the charge to proceed. If the judge determines a case may proceed, several other court appearances are scheduled within time periods specified by court rules.

Less commonly, a case can start with the prosecutor’s office issuing a “summons” to the accused, which notifies the person of the date and time they are required to appear in court to respond to those charges.

In either situation, it is critically important to pay careful attention to all court dates, and to attend all those court dates. Any person arrested or summoned into court is recommended to immediately obtain assistance of legal counsel, who can take steps to safeguard the interests of the accused.

The reason for a suppression motion is to evaluate whether the evidence the prosecutor wants to use in a criminal proceeding was lawfully obtained and whether it is admissible to support any of the criminal charges against a defendant.

Both the U.S. Constitution and the Washington Constitution contain provisions that forbid the use of any evidence in court that was obtained as the result of an illegal search or seizure of the defendant or their property. Many criminal proceedings depend on the ability of the prosecution to have the items that were seized by the police be admitted into evidence for that case. In the event that the court agrees with defense counsel that the evidence was obtained as a result of an illegal search or seizure, the court suppresses (prevents) the evidence from being used to support the charge, which may result in a dismissal of the charge 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.