Blog

In Washington State as elsewhere in the United States, when a person is charged with a crime, the state or federal government must prove guilt beyond a reasonable doubt. When the evidence is not sufficient, a smart criminal defense attorney will file a motion to dismiss. But lack of evidence is n...

A power of attorney (POA) is an estate planning tool in Washington where you appoint a person, known as the agent, to manage your affairs. Typically, the POA is appointed to manage financial or medical matters when you cannot do so yourself because you are incapacitated by illness or injury.  Pe...

Understanding Your Constitutional Right to a Jury Trial The 6th Amendment to the Constitution of the United States holds that in all criminal proceedings the accused shall have the right to “an impartial jury of the State and district wherein the crime shall have been committed.” The right to a...

Imagine a country where police hold all the power, yet citizens have no power. That world, for some, may not be so unimaginable. If you have found yourself on the other side of contact with police officers in Kittitas County or Yakima County, you know you can often experience that there are laws ...

Are you on probation for driving while under the influence of alcohol or another chemical substance in Washington? If so, chances are  that you may be asked to provide a urine sample. There are many questions about this type of chemical testing. At Law Office of Tony Swartz, Tony is a DUI defens...

Have you been investigated for, charged with, or found guilty of drunk driving in Kittitas County or Yakima County? As a consequence, you may have been ordered to install an ignition interlock device (IID) in your vehicle. This can be the result of either an administrative hearing or criminal con...

When a person is arrested in Kittitas or Yakima County, they have a right to know what their charges are. They also have a right to plead guilty or not guilty. This all happens at the first hearing, otherwise called an arraignment. It can be a particularly nerve-wrecking time for anyone, even tho...

Charged with a Crime in Ellensburg or Yakima? Do Not Incriminate Yourself The 5th Amendment of the Constitution holds that you have the right against self-incrimination. This means that you cannot be forced to answer questions or otherwise provide information about yourself that will likely resu...

We cannot all be experts in the law. That said, if we get in trouble with the law (or even if we are just accused of something that may not have happened), we want someone who knows the law to represent us. Fortunately, the backbone of our legal system is each person's right to an attorney. This ...

Field sobriety tests are roadside tests police conduct during a traffic stop in Washington to determine if a driver is impaired or unlawfully under the influence of alcohol or another chemical substance. The walk-and-turn test is one of the most commonly used field sobriety tests. The National Hi...

If you have been pulled over by a police officer in Washington, even if for a simple traffic violation, you know it can make you nervous. A nervous state, however, is not your friend if that traffic stop turns into a drunk driving investigation. This is especially true when you are asked to perfo...

Horizontal Gaze Nystagmus (HGN) test is one of three standardized field sobriety tests (SFSTs) validated by the National Highway Traffic Safety Administration (NHTSA). It is also a test that police in Kittitas or Yakima County administer frequently during traffic stops when intoxicated driving is...

Wondering what happens in a DUI? Tony published a new intoxicated driving FAQ for Kittitas County and Yakima County. Check it out by clicking this link.

This is a very confusing area of the law. It is IMPERATIVE that you call an attorney right after your DUI happens to discuss your specific scenario because the deadlines are very short here and laws often change. If you make the wrong decision, it is not easy, and maybe near  impossible, to rever...

Clients sometimes ask for help seeking out therapy for their own personal reasons (even when it is not court ordered or required in their case). Here are my recommendations.

If you were convicted of a crime, misdemeanor or felony, in Kittitas County, you may be at the point where you want to remove or delete that conviction from your record. Most people call me to ask for an expungement. Washington law is a bit complicated in its terminology for this area. ...

Clients typically wonder what will happen to their CDL when they get charged with a DUI, even if the Driving Under the Influence case occurred when they were driving a personal car (in other words, they were NOT driving a commercial vehicle). Department of Licensing takes a two-step appro...

Tony represents people charged with Washington State traffic infractions such as speeding, expired license tabs, and other offenses cited in Kittitas County or Yakima County. One of the questions that frequently arises is whether an offense is considered a moving violation for insurance purpo...

Clients typically ask how court works. I created this flow chart to show you how I expect a typical criminal charge will make its way through the court system, be it in Kittitas County or Yakima County. This is based on my experience working on an approximated 10,000 criminal cases within our Was...

The Washington State Legislature made many big changes to how Washington State evictions work. These changes are effective July 28, 2019. You need to make sure that you follow these rules when proceeding with an unlawful detainer (eviction) case. Feel free to call my office, as I do many of t...