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New Eviction / Unlawful Detainer Rules Effective 2019

Fri, 16 May 2025 23:40:03 GMT

New Eviction / Unlawful Detainer Rules Effective 2019

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 these cases each year. I aim to charge landlords an affordable fee in these cases. By hiring a lawyer, you can make sure the process is followed legally and procedurally.

https://www.washingtonlawhelp.org/resource/2020-changes-to-washingtons-landlordtenant-and-eviction-laws

Up until July 27, 2019: if a tenant fell behind on rent (even by one day), the landlord would give them a “3 Day Notice to Pay or Vacate.” If the tenant couldn't pay all the rent within 3 days, the landlord could file an eviction lawsuit against them. The landlord did not have to accept partial payment or payment plans.

As of July 28, 2019: if a tenant is a day late in rent, the landlord must give them a 14 Day Notice to Pay or Vacate. The tenant then has 14 days to pay the rent. After that, the landlord may file an eviction lawsuit.

Previously, once an eviction lawsuit started, most tenants could not stay—even if they could pay the landlord all the back-rent, late fees, and attorney fees that they owed. Now, more tenants will be able to pay back the rent they owe. More tenants will be able to pay to avoid eviction and homelessness.
For one thing, judges now have more flexibility to create payment plans that work for both tenants and landlords. More tenants will be able to catch up on rent through payment plans, and have more time to seek help through charities and other agencies to pay landlords (even month-to-month tenants).

Previously, landlords could take a tenant's rent payments and apply them towards other kinds of “non-rent” charges – late fees, disputed repair bills, other kinds of one-time penalties. Now, landlords must apply a tenant's rent payments towards rent (and some regular, monthly utility payments) first.
Landlords can still try to evict a tenant if they fall behind on rent (after giving a 14 Day Notice) but they can't try to evict a tenant for falling behind on “non-rent” fees and penalties. (Landlords can still sue to try to collect these charges later, for example, in Small Claims Court).

Previously, even if a tenant lost an eviction lawsuit by default (because they weren't able to respond in time or because they were not able to show up), the landlord could still collect attorneys' fees from them through an eviction judgment.
Now, attorneys cannot collect fees in a default judgment (like where a tenant cannot respond in time or just moves out). Attorneys' fees are also limited in cases where tenants owe less than 2 months' rent or less than $1200.

A landlord still must use “due diligence” to personally hand eviction papers to a tenant in person at home. Previously, if that didn't work, the landlord had to get a judge's permission to serve eviction papers by taping on the door and mailing. Now, after 3 diligent attempts (over 2 days) to serve a tenant in person, some landlords may be able to post and mail eviction papers without a judge's permission.

Criminal Case Flow Chart

Fri, 16 May 2025 23:38:51 GMT

Criminal Case Flow Chart

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 Washington State court system. Every case is different, so this is just a model. Your case might be able to skip certain steps, or we might build extra steps in...it all depends on your case.

It is also important to note that DUI cases contain multiple extra steps regarding your Department of Licensing hearing process. That process is called an "administrative" process, so it is not done directly through the criminal court. It is instead handled in its own arena (and therefore, I did not include it here).

Moving versus Non-Moving Traffic Infraction Violations

Fri, 16 May 2025 23:37:42 GMT

Moving versus Non-Moving Traffic Infraction Violations

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 purposes .

Non-moving violations are usually infractions like parking tickets, camera speed tickets, equipment violations (headlights, tail light infractions, etc.) or insurance/license/registration paperwork violations. A non-moving violation will still appear on your driver's record, and your insurance agency would see it if it is on your record. The big difference in Washington State, compared to other states, is we do NOT use a points system for our violations. If you can get a non-moving violation instead of a moving violation, you are in a better position.

Washington State defines a moving violation in WAC 308-104-160. If the violation is NOT listed in WAC 308-104-160, it is therefore a non-moving violation.

Driving while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502;
Physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.504;
Vehicular homicide, as defined by RCW 46.61.520;
Vehicular assault, as defined by RCW 46.61.522;
Reckless driving, as defined by RCW 46.61.500;
Racing, as defined by RCW 46.61.530;
Embracing, as defined by RCW 46.61.665;
Hit and run (injury, death, striking the body of a deceased person, or occupied vehicle), as defined by RCW 46.52.020;
Attempting to elude a police vehicle, as defined by RCW 46.61.024;
Driving while driving privilege suspended or revoked, as defined by RCW 46.20.342, 46.20.345, or 46.20.394;
Reckless endangerment of roadway workers, as defined in RCW 46.61.527;
Driver under twenty-one driving or being in physical control of a motor vehicle after consuming alcohol, as defined in RCW 46.61.503;
Driving or in physical control of commercial motor vehicle while having alcohol in system, as defined in RCW 46.25.110;
Open container violation (driver), as defined by RCW 46.61.519;
Negligent driving in the first degree, as defined by RCW 46.61.5249;
Negligent driving in the second degree, as defined by RCW 46.61.525 or 46.61.526;
Hit and run (unattended vehicle or property), as defined by RCW 46.52.010;
Disobey road sign, as defined by RCW 46.61.050, 46.61.070, or 46.61.450;
Disobey signalman, officer, or firefighter, as defined by RCW 46.61.015, 46.61.020, 46.61.021, or 46.61.022;
Disobey school patrol, as defined by RCW 46.61.385;
Speed too fast for conditions, as defined by RCW 46.61.400;
Speed in excess of maximum limit, as defined by RCW 46.61.400 or 46.61.460;
Speeding in a school zone , as defined by RCW 46.61.440;
Failure to stop, as defined by RCW 46.61.055, 46.61.065, 46.61.195, 46.61.200, 46.61.340, 46.61.345, 46.61.350, 46.61.365, 46.61.370, or 46.61.375;
Failure to yield right of way, as defined by RCW 46.61.180, 46.61.183, 46.61.185, 46.61.190, 46.61.202, 46.61.205, 46.61.210, 46.61.212, 46.61.215, 46.61.220, 46.61.235, 46.61.245, 46.61.261, 46.61.300, or 46.61.427;
Failure to keep to the right, as defined by RCW 46.61.100 or 46.61.105;
Wrong way on a one-way street or rotary traffic island, as defined by RCW 46.61.135;
Improper lane change or travel, as defined by RCW 46.61.140;
Straddling or driving over centerline, as defined by RCW 46.61.140;
Driving on the wrong side of the road, as defined by RCW 46.61.150;
Crossing divider, as defined by RCW 46.61.150;
Improper entrance to or exit from freeway, as defined by RCW 46.61.155;
Violating restrictions on a limited access highway while driving a motor vehicle, as defined by RCW 46.61.160;
High occupancy vehicle lane violation, as defined by RCW 46.61.165;
Improper overtaking or passing, as defined by RCW 46.61.110, 46.61.115, 46.61.120, 46.61.125, 46.61.130, or 46.61.428;
Passing stopped school bus, as defined by RCW 46.61.370;
Passing stopped private carrier bus, as defined by RCW 46.61.375;
Following too closely, as defined by RCW 46.61.145;
Following fire apparatus, as defined by RCW 46.61.635;
Crossing fire hose, as defined by RCW 46.61.640;
Driving on sidewalk, as defined by RCW 46.61.606;
Driving through safety zone, as defined by RCW 46.61.260;
Driving with wheels off roadway, as defined by RCW 46.61.670;
Impeding traffic, as defined by RCW 46.61.100, 46.61.425, or 46.20.427;
Improper turn, as defined by RCW 46.61.290;
Prohibited turn, as defined by RCW 46.61.295;
Failure to signal or improper signal, as defined by RCW 46.61.305, 46.61.310, or 46.61.315;
Improper backing, as defined by RCW 46.61.605;
Unlawful operation of motorcycle on roadway, as defined by RCW 46.61.608, 46.61.612, or 46.61.614;
Reckless endangerment, as defined by RCW 9A.36.050;
Failure to maintain control, as defined by RCW 46.61.445;
Violation of license restriction(s), as defined by RCW 46.20.041 or 46.20.740;
Violation of instruction permit restrictions, as defined by RCW 46.20.055;
Violation of out-of-service order, as defined by RCW 46.25.090;
Obstructed vision or control, as defined by RCW 46.61.615;
Carrying persons or animals outside of vehicle, as defined by RCW 46.61.660;
Carrying passenger in towed vehicle, as defined by RCW 46.61.625;
Coasting on downgrade, as defined by RCW 46.61.630;
Violation of child restraint requirements, as defined by RCW 46.61.687;
Carrying child under the age of five years old on motorcycle, as defined by RCW 46.37.530;
Carrying passenger improperly on motorcycle, as defined by RCW 46.61.610;
No helmet, goggles, mirrors, windshield or face shield, as defined by RCW 46.37.530;
Operating moped on freeway or sidewalk, as defined by RCW 46.61.710;
Driving without lights, as defined by RCW 46.37.020;
Failure to dim lights, as defined by RCW 46.37.230;
Operating motorcycle without lights, as defined by RCW 46.37.522;
No lamp, reflector, or flag on extended load, as defined by RCW 46.37.140;
Wearing earphones or viewing television in vehicle, as defined by RCW 46.37.480;
Failure to secure load, as defined by RCW 46.37.490;
Spilling load, as defined by RCW 46.61.655; and;
Improper towing, as defined by RCW 46.44.070.

Cited with an infraction? Get your free consult with me now.

When can my Washington Commercial Driver's License (CDL) be suspended, revoked, cancelled, or otherwise affected by a Driving Under the Influence (DUI)?

Fri, 16 May 2025 23:36:44 GMT

When can my Washington Commercial Driver's License (CDL) be suspended, revoked, cancelled, or otherwise affected by a Driving Under the Influence (DUI)?

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 approach in attempt to revoke your commercial drivers license after you get charged with a DUI.

The following, as of 5/20/20, are possible reasons your CDL could be affected:

If your Washington driver license is suspended, revoked, canceled, or surrendered for any reason. This is very important, as you will almost always have the potential of your personal driver license being impacted after receiving a DUI.
Conviction in court for driving a motor vehicle under the influence of alcohol or drugs
Deferred prosecution (DUI conviction)
Driving a commercial motor vehicle with a blood alcohol content of 0.04 or more
Refusing to submit to a breath or blood test while driving any motor vehicle
Leaving the scene of an accident involving a motor vehicle
Using any motor vehicle in the commission of a felony
Driving a commercial motor vehicle with a suspended, revoked, canceled, or disqualified CDL
Causing a fatality through the negligent operation of a commercial motor vehicle (including but not limited to vehicular homicide or assault)
Committing 2 or more of the violations listed above, in separate incidents
Testing positive on the Department of Transportation test for drugs or alcohol
Driving a commercial vehicle while under an out-of-service order
Committing railroad-crossing violations while operating a commercial motor vehicle
Being reported as an imminent hazard by the Federal Motor Carrier Safety Administration
Committing 2 or more serious traffic offenses within 3 years, in separate incidents
Using any motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute or dispense a controlled substance

You need to make sure to update your mailing address with Department of Licensing immediately. They will send you notifications about your license via mail. License Express is an easy way to do that at https://www.dol.wa.gov/licenseexpress.html .

Even if you contest your CDL revocation after you are charged with a DUI, you still need to worry about the resolution of the case (e.g., a conviction for one of the above) also impacting your CDL. It is important to hire an attorney to assist you with this entire process, as it gets complicated very quickly.

How do I expunge my Kittitas County conviction?

Fri, 16 May 2025 23:35:16 GMT

How do I expunge my Kittitas County conviction?

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.

It is really important that you consult a lawyer for your specific situation. These laws change often and this article may not be accurate for your situation. Give my office a call for assistance, as I frequently help clients with this area of the law.

Do you need to expunge or vacate your old conviction?

If you were convicted of a charge by guilty plea or trial verdict , you are looking to vacate your conviction. It is the same idea as what most people commonly call an expungement - the conviction is removed from your record and you don't need to say you've been convicted on things like job applications or housing applications.

If you were charged with something but the case did not result in a guilty conviction , then you are trying to expunge your record. This means you are asking the Washington State Patrol to delete your non-conviction record from their system. Refer to the end of this article for more on expungement, as you probably don't need a lawyer for that request. If you are trying to vacate a conviction, though, call me.

How do I vacate my old Kittitas County felony or misdemeanor conviction?

If you were charged with a felony or charged with a misdemeanor in Ellensburg, you may be eligible to remove that conviction from your record - but you need to wait until after a period of time passes. Washington law is not easy in this regard, as various requirements exist, so it is important to hire a lawyer to help you with this. 2019 laws expanded the vacate rules too, which means most felonies are now eligible.

First, you need to figure out what your waiting period is. For class B felonies, you must wait 10 years from the applicable waiting period date. For class C felonies, you must wait 5 years from the waiting period date. You also cannot have any new convictions in this timeframe. The later date of the following needs to pass before you're eligible:

5/10 years from the date you were released from probation or community supervision;
5/10 years from the date you were released from any confinement like jail or prison; or
5/10 years from the sentencing date (again, whichever is the longest of these timeframes).

For misdemeanors , you can seek to vacate your misdemeanor conviction even if you have another conviction. You just need to wait 3 years for most misdemeanors or 5 years for a domestic violence offense. The big caveat for misdemeanors is you also MUST have your fines/fees paid off with the court. Your timeframe here cannot start until after your final payment, which frequently hangs clients up with misdemeanor vacate requests.

If you are 21 years old or older, a conviction for possession of marijuana can be vacated at any time - in other words, you do not need to wait the 3 year period. For a case that started as a DUI , even if you did not ultimately have a conviction for DUI, you must wait even longer depending on the type of case. These are complicated, so consulting a lawyer is a good idea.

How does the process work to vacate a conviction?

You need to file a motion with the court and the prosecutor. You also need to provide various documentation with your motion. Sometimes, you need to get a certificate of discharge signed by the judge for a felony conviction. This isn't easy to do without a lawyer, so I recommend hiring someone. As I mentioned above, I frequently do these types of cases for clients. Feel free to give me a call for assistance.

After the motion is filed, the prosecutor's office will review the case. They'll run your out-of-state criminal history to make sure you qualify. If they think you qualify, they will sign off on the final order. I can typically present agreed orders to our judges without a hearing, which moves the case along faster.

If a hearing is required, it is noted up with the court clerk. This hearing is where your attorney will explain to the judge why you qualify, why the prosecutor may be wrong in thinking you do not qualify, or to address whatever other issue may be present.

Once the judge signs the order to vacate, the following text appears at the end of the judge's order. This frequently is very emotional for a lot of my clients, as it is quite a big deal:

"For all purposes, including responding to questions on employment applications, the defendant may state that he or she has never been convicted of any offense listed in paragraph 3.1."

It should be noted that an order to vacate does not restore your rights to possess a firearm. This is a totally separate, and similarly complicated, process. I will frequently do both of these at the same time, but your firearm rights are not restored because your conviction is vacated.

Expungement: deleting non-conviction data

If your case was dismissed, dropped, or you were found not guilty, expungement is the route you want to take. The charge could have been dismissed outright or after a stay of proceedings/stay of continuance. You cannot have previous gross misdemeanor or felony convictions on your record, however. You also cannot have any arrests, charges, or convictions between the period of time you are requesting expungement. You cannot apply until 2 years after the court's dismissal or final disposition.

You likely do not need a lawyer for an expungement , as you simply need to fill out this form:
http://www.wsp.wa.gov/wp-content/uploads/2017/12/Request_for_Expungement_Deletion_of_Non-Conviction_Records.pdf

Personal therapy options

Fri, 16 May 2025 23:33:47 GMT

Personal therapy options

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). My best recommendation is:

LOCAL - Seek out a local therapist. Some people interact much better with therapy in-person rather than online. If you know you are likely to fall into this category, there really isn't a substitute for in-person therapists. The downside is some locations have no availability, or even worse, it becomes clear to you after your first meeting that the available therapist will not be a "good fit" for you. You really need someone who will fit into your personality.
ONLINE - https://www.betterhelp.com/ is a great resource. This is online therapy, but you have such more flexibility in this platform. You can text, call, or video chat with your therapist. Costs average from $60 to $100 a week, it seems. The biggest benefit is they have a ton of therapists available, so if your assigned therapist isn't a good fit, you can just ask for a new one!

More information about the comparison, plus some extra resources, is available from BetterHelp at https://www.betterhelp.com/advice/therapy/can-i-afford-to-see-a-counselor-how-much-does-therapy-cost/ .

Should I request a DOL hearing after my DUI?

Fri, 16 May 2025 23:33:00 GMT

Should I request a DOL hearing after my DUI?

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 reverse your mistake. Call me for a free consultation at 509-293-7593 if you need help in Ellensburg, Cle Elum, or Yakima.

RCW 46.20.308 is the implied consent hearing statute. "Implied consent" is the legal term used for when your license is suspended BEFORE YOU'RE CONVICTED OF ANYTHING because of a DUI. To have your license suspended in Washington, you must give a breath/blood test and the reported number must over the "per se" limit of .08 or 5ng. If that happens, you are facing at least a 90 day license suspension . If you refuse a valid request for the breath test, you are facing at least a 1 year license revocation . These numbers drastically go up if you have had a prior offense that triggered this section, so it's really important to talk to an attorney about your specific scenario.

As you can see in the graph above, the odds are against you in winning a hearing on this issue. It doesn't mean you should not try, though. I typically recommend clients request a hearing using DOL's LicenseExpress portal immediately after they get arrested. The current law (July 2022) requires you make the request within 7 days of arrest in most cases. Doing it online is easiest because you get immediate confirmation that DOL received your request. The last thing you want to do is be arguing about lost USPS mail (while your license is inadvertently suspended).

About 1/2 of the "wins" were because an officer did not show up to the hearing. The other half are related to very technical legal requirements that a layman is unlikely to find on their own. Again, it is really important to use an experienced attorney who is doing DOL hearings. This gives you the best odds at saving your license.

Please feel free to call me to discuss your specific case. This short article is merely informational based on generalities and the law as it existed at the time of the article. You should not rely on it for your own scenario, as statistics can always change and the law certainly WILL change at some point. Call me at 509-293-7593 for a DOL hearing consultation if your DUI was cited in Kittitas County or Yakima County.

Intoxicated Driving FAQ

Fri, 16 May 2025 23:31:11 GMT

Intoxicated Driving FAQ

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.

Horizontal Gaze Nystagmus Field Sobriety Test

Fri, 16 May 2025 23:29:51 GMT

Horizontal Gaze Nystagmus Field Sobriety Test

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 suspected. Though NHTSA recognizes the HGN as a valid test, this test is not fool-proof. In fact, it has its disadvantages, which make admitting it as evidence problematic in many cases.

Tony Swartz is a DUI defense lawyer will investigate your case, including the types of and manner in which field sobriety tests like the HGN test were administered. At Law Office of Tony Swartz, Tony uses his skills and resources to ensure you receive the best representation possible. Contact Tony at 509-293-7593 to schedule a free consultation and learn more about how he can help you fight your DUI charge in Kittitas or Yakima County.

What is a Horizontal Gaze Nystagmus Test?

The Horizontal Gaze Nystagmus test is one of three standardized field sobriety tests used by the police in Washington to help determine whether a driver is under the unlawful influence of alcohol or drugs.

How is the HGN Test Performed?

The officer conducting the HGN test should provide clear verbal instructions to the driver. The police officer should tell the driver to stand still, place hands to the side, and keep head still. Then they must be properly instructed to look at a stimulus, like a pen or another object, and follow it with both eyes while the officer moves the stimulus from right to left.

The officer assesses the driver's eyes while moving the object from side to side. HGN tests, however, are very technical in their application. Proper administration involves specific requirements on distance between the stimulus and the driver's nose (12 - 15 inches), timing and length of holds (hold the stimulus for at least 4 seconds at the maximum deviation), and how many times and ways the stimulus is passed back and forth.

The HGN test is meant to measure the involuntary jerking of the eye – known as nystagmus. A driver with a high blood alcohol concentration may exhibit involuntary jerking of an eye as the driver gazes toward the side while following the stimulus.

Three Major Clues of Intoxication

Police look for three major clues while administering the HGN test. Each eye is assessed for these three clues, so there are actually a total of six possible indicators of intoxication. If the officer determines four clues exist, that is supposed to indicate the driver's blood alcohol content (BAC) level is above 0.08 percent.

Clue 1 involves the onset of nystagmus in either eye before 45 degrees.
Clue 2 involves nystagmus in either eye when the eye gazes as far as possible to the right or left – in this case, there is a sustained and distinct jerking.
Clue 3 occurs when the driver is unable to follow the stimulus – known as lack of smooth pursuit.

Each clue requires specific motions or manners in which the stimulus is held or passed. Each clue also requires different timing. For example, the movement of the stimulus to determine the lack of smooth pursuit should be two seconds out and back to each eye while it is four seconds to move the stimulus from eye to the driver's shoulder to determine the onset of nystagmus prior to 45 degrees.

Ways to Challenge the HGN Test in Washington

HGN tests can be challenged effectively by arguing against their reliability (these tests are highly subjective) or proving improper administration of the test (these tests require following strict and specific technical rules). Also, these tests can be challenged based on matters not associated with the test itself, but matters related to the driver or to the environment.

Common Challenges to the HGN Test

Unreliable based on police officer's subjective estimations and preconceived notions
Unreliable based on police officer's failure to administer the test properly
Unreliable based on external factors

Common External Causes of Failed HGN Tests

Bad weather
Administered at night in darkness or during the day with a glaring sun
Bad roads or other environmental issues
Patrol car lights flashing or other lighting issues
Driver's pre-existing health issues or medications, like ear disorders, eye disorders, head injury or brain damage, excessive amounts of caffeine, antihistamines, barbiturates, illness like the flu or vertigo

Keep in mind that there are more than 38 non-alcohol-related causes for nystagmus, and each of these can lead to a failed HGN test.

The HGN test is faulty. Your DUI defense attorney can may be able to highlight these weaknesses and create reasonable doubt in the prosecution's case against you. Tony, as your DUI defense lawyer, will investigate and review the results of your HGN test and challenge it accordingly.

Contact DUI Defense Attorney in Kittitas or Yakima County Today

Field sobriety tests are a way police officers gather probable cause to arrest you for DUI charges. These tests, however, are rarely conducted in accordance with regulations and are faulty given their subjective nature.

At Law Office of Tony Swartz, Tony is a DUI defense lawyer who knows how to prepare and challenge field sobriety tests like the HGN test. To learn more about how he can help your DUI case, contact him by filling out the online form or calling the firm at 509-293-7593 to schedule a free consultation.

Understanding DUI Arrests in Washington and the One-Leg Stand Field Sobriety Test

Fri, 16 May 2025 23:28:27 GMT

Understanding DUI Arrests in Washington and the One-Leg Stand Field Sobriety Test

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 perform a one-leg-stand test (OLS). Being nervous alone could cause you to fail, and failure of field sobriety tests can be the basis for probable cause to take you into police custody.

At Law Office of Tony Swartz, Tony is a DUI defense lawyer who can explain what you should know about the one-leg-stand test and how a failed test can be challenged. He believes informed clients make better decisions about their DUI cases. Contact Tony today at 509-293-7593 to schedule a free consultation.

What is a One-Leg Stand Test in Kittitas or Yakima County?

The one-leg stand test is a standardized field sobriety test (SFST) used by the police to determine if a driver is operating a vehicle while under the influence of drugs or alcohol. The OLS is one of three SFSTs recognized by the National Highway Traffic Safety Administration (NHTSA). As a standardized test, the results can be used as evidence in Washington DUI cases.

The OLS must be administered in accordance with specific rules. Police are trained on how to administer the OLS during DUI investigations, but that does not mean they properly administer this field sobriety test.

How is the OLS Test Administered?

The one-leg stand test requires the individual to stand on one foot with the other foot elevated approximately six inches from the ground. While maintaining balance, the individual must count aloud until the law enforcement officer orders the individual to stop and put their foot down.

The individual must also keep his or her eyes on the elevated foot while counting and maintaining balance.

As such, the OLS requires the ability to multitask.

How is the OLS Measured?

The one-leg stand test supposedly estimates a person's unlawful intoxication by using clues. There are four clues an officer looks for while you stand with one leg up, counting out loud.

Swaying back and forth or side to side while balancing. The sway should be a minimum of one inch off center. If you cannot maintain your balance, you fail this clue.
Raising arms for balance. You should be able to raise your arms more than six inches from your side. If you cannot maintain your balance, you fail this clue.
Hopping but keeping your balance. You should move the foot you are balancing on off the ground in succession to perform a “hop.” If you cannot maintain your balance, you fail this clue.
Putting a foot down. The officer will note how many times you let your foot drop to the ground while counting and not yet being told to stop. If you drop your elevated foot three or more times within the 30-second period, you may fail this clue.

Supposedly, if you fail two clues, this indicates your blood alcohol content (BAC) level is greater than 0.08 percent. The police can use this in conjunction with another failed SFST or a failed preliminary breath test as probable cause to arrest you.

Challenges to the One-Leg Stand Test in Washington

Although the one-leg stand test is a commonly used field sobriety test, it is fraught with problems, making it unreliable and vulnerable to challenges in court.

Environmental Factors

Environmental factors could distract or otherwise disrupt an OLS in progress. Environmental factors include things like:

Noise made by heavy traffic
Road conditions, like gravel or uneven roads
Weather conditions, like rain, fog, snow, freezing temperatures, etc.
Time of day, like nighttime when it's hard to see due to darkness or an officer's patrol lights or daytime when the sun is glaring in your eyes

These conditions are enough to distract any person, but having to perform an OLS while any of these conditions exist can lead to misguided or inaccurate results.

As your DUI defense attorney in Washington, we will question you about your surroundings while you took the OLS and determine if it may have affected your performance. If so, we will collect the evidence and file a motion to exclude the field sobriety test results.

Health and Medical Conditions

In some cases, a person may have a health or medical condition that makes it hard to perform the OLS test. These health conditions can be physical, mental, or emotional. A person with physical impairments like hearing loss or foot injuries should not perform this test. It is also recommended that people over 65 years of age should not perform this test. As for mental and emotional problems, a common condition is anxiety – anxiety can greatly impact a person's performance to their detriment.

That said, the act of standing on one foot is unnatural. Failure can simply be the result of failing to perform an unnatural task simply.

As your DUI defense attorney, we will inquire into any existing health or medical conditions and evaluate how any conditions may have affected your performance. If we determine a condition could have negatively affected your ability to pass field sobriety tests, we will file a motion to exclude the evidence.

Officer Errors

Police officers make mistakes. OLS and other field sobriety tests should be administered properly. The instructions are strict and very technical. An error on the police officer's part can lead to criminal consequences for you. Errors can include anything from confusing instructions to a failure to keep track of the time.

As your DUI defense attorney in Kittitas or Yakima County, Tony will question you about exactly how the officer administer the test; in most scenarios today, officers are also filmed conducting these tests, so it allows even more input into how the officer administered your test. Remember, too, that officers are often required to wear body cameras. Tony reviews any audio or video of the DUI investigation to determine if the office may have made a mistake.

Contact a DUI Defense Lawyer in Kittitas or Yakima County Today

The one-leg stand test is supposed to help the police determine if a person is unlawfully intoxicated while operating a vehicle. The problem is this: the test may have been flawed and can cause you more harm than it's worth. Retaining a DUI defense attorney in Kittitas or Yakima County is your best means to fight any DUI charges.

Contact the Law Office of Tony Swartz today by filling out Tony's online form or calling 509-293-7593 to schedule a free consultation.

Understanding Yakima DUI Arrests and the Walk and Turn Field Sobriety Test

Fri, 16 May 2025 23:26:57 GMT

Understanding Yakima DUI Arrests and the Walk and Turn Field Sobriety Test

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 Highway Traffic Safety Administration (NHTSA) also considers it as one of three standardized field sobriety tests, which can mean the results can be used as evidence against you in DUI cases.

If you had to perform a walk-and-turn test, it is important you understand what it is and how it can be challenged. At Law Office of Tony Swartz, Tony is a DUI defense lawyer in Yakima and Ellensburg and he represents clients in all types of DUI cases. Contact him at 509-293-7593 to schedule a free phone call and to discover how he can help clients defend against DUI charges.

What is a Walk-and-Turn Test?

The walk-and-turn test is a standardized field sobriety test typically used by the police to determine whether a driver is unlawfully under the influence of drugs or alcohol. This test is what's known as a divided attention test: the police get you the shift conscious attention from one task (standing without staggering) and another task (listening to instructions).

Administration of the Walk-and-Turn Test

During the walk-and-turn test, the police are supposed to provide clear and unequivocal instructions and demonstrate the task at hand before you begin the test.

The test itself involves walking in a straight line, heel-to-toe, for approximately nine steps with your arms at your side. Then, at the conclusion of the nine steps, you turn around and walk back to the starting point in the same heel-to-toe manner.

The NHTSA requires certain conditions in order for the test to be performed properly.

A designated straight line
A reasonably dry, hard, level non-slippery surface
Adequate room for nine steps
An option to remove shoes with heels two inches high

Walk-and-Turn Test Clues of Impairment

The purpose of field sobriety tests is to identify clues that indicate you are impaired. The walk-and-turn test incorporates eight clues:

Lack of balance while following instructions
Beginning before instructed to begin
Failing to touch your heel to your toe while walking
Stepping off of the straight line
Stopping while walking
Raising or moving arms to maintain balance
Making an improper turn
Taking more or fewer than nine steps

Missing or failing two or more clues is supposed to indicate that your blood alcohol content (BAC) level is likely over 0.08 percent. However, this field sobriety test, like the others, is flawed and vulnerable to problems that make relying on the results suspect.

Problems with the Walk-and-Turn Test in Washington

The walk-and-turn test is not a reliable way to determine unlawful intoxication. Problems often involve how the test is administered, pre-existing physical or mental conditions, and unsatisfactory environmental conditions.

Police Error

The police make mistakes. They may not provide proper instructions or may interpret the test improperly. For example, an officer may count a person's slow walk as a clue for stopping while walking. Slow walking, however, is specifically identified by the NHTSA as not stopping, but it can be hard to determine what's slow and what's stopping. It all depends on the point of view or interpretation of the officer.

Health Conditions

Research by the NHTSA has shown this test is not suitable for anyone who:

is over the age of 65
has back or leg problems
has middle ear problems

But other health issues, whether physical or mental, can negatively affect a person's performance. Anxiety is a serious health condition. Sufferers of anxiety can experience an anxiety attack from the traffic stop alone, not to mention being asked to perform a divided attention test.

Environmental Conditions

The NHTSA requires a certain environment for this test to be properly performed. Unfortunately, you do not get to choose where you are pulled over for a traffic stop. There is no guarantee the ground will be level and non-slippery or that enough room will be available to safely complete the test.

Further, other environmental conditions can cause distractions and disruptions, like:

loud, heavy traffic
weather conditions (rain, snow, cold, heat)
glaring sun or no sun at all, making it difficult to see

Why These Problems Matter

These problems matter because if you failed the test, it can be used to influence a jury that you were indeed impaired while operating a vehicle. It can also be used to influence you to agree to a plea deal when minus failed field sobriety tests, you could have gotten the charges dismissed (or may not have even been taken into custody in the first place).

Field sobriety tests are used to create probable cause. Probable cause is required for an arrest. When field sobriety tests are unreliable and probable cause is based on them, you suddenly face possible criminal charges that are not necessary. The whole process can be emotionally exhausting, time-consuming, and costly.

Five Ways to Challenge Field Sobriety Test Results in Washington

If you took and failed a field sobriety test, like the walk-and-turn test, you need to challenge the test result by all means possible. These results can be used against you in court. At Law Office of Tony Swartz, Tony is a DUI defense lawyer who can try to challenge the results using different strategies. The strategy used depends on the facts and circumstances.

Did the officer administer the tests improperly or fail to provide adequate instructions? Tony will review any audio or video as well as speak to you and other witnesses.
Did the road, traffic, or weather conditions impact performance? Tony can review videos, photographs, weather reports, traffic reports, and other forms of evidence.
Did your shoes, clothing, or health condition impact performance? Tony will review your clothing and health conditions with you.
Was the officer's subjective assessment flawed? Tony will again review any videos or testimony and consider if this is a valid claim.
Were your constitutional rights violated? You have certain rights, and if the police violated any of these rights, evidence obtained as a result of the violation could be suppressed from evidence.

It is always critical to speak to a defense attorney in your jurisdiction to make sure what your rights are and how best to fight any drunk driving charges.

Contact DUI Defense Attorney in Yakima and Ellensburg Today

Walk-and-turn tests are often unreliable and can be challenged. At Law Office of Tony Swartz, Tony is a DUI defense lawyer who will review the circumstances of your DUI event and challenge any questionable results from field sobriety tests, breath tests, or blood tests. When appropriate, Tony will file motions to exclude the results from evidence. Contact Tony Swartz today by filling out the online form or calling at 509-293-7593 to schedule a free phone call.

Yakima and Kittitas County Criminal Defense Lawyer: Understanding Your Right to an Attorney

Fri, 16 May 2025 23:25:24 GMT

Yakima and Kittitas County Criminal Defense Lawyer: Understanding Your Right to an Attorney

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 right is true regardless of whether you can afford one or not. Of course, it is always best to be able to choose who represents you in a court of law in Washington.

At Law Office of Tony Swartz, Tony represents clients who face criminal charges in Yakima or Ellensburg. He believes his clients make the best decisions for themselves when they are well-informed. Contact Tony at 509-293-7593 to schedule a free consultation - make sure your rights are preserved as you go through the criminal justice system.

Charged with a Crime in Yakima or Ellensburg? You Have a Right to an Attorney

The right to have an attorney when you are accused of a crime is found in the Constitution's 6th Amendment. Specifically, it holds that “in all criminal prosecutions, the accused shall…have the Assistance of Counsel for his defense.” This right does not apply in civil cases. For example, if you want to sue the police for excessive use of force, you can only do so if you hire an attorney, or, alternatively, you can file the paperwork yourself.

In short, when the charges you face have the potential to result in the loss of your freedom, you have the right to an attorney. It does not matter whether or not you actually receive jail time. If imprisonment is even a possibility, then you have the right to a lawyer.

You also have the right to hire an attorney of your choice. However, if you cannot afford an attorney, one will be appointed to you. You are typically not able to choose your court-appointed attorney. It is also hard to qualify for a court-appointed attorney sometimes because judges have strict income guidelines they must follow.

Washington Violations of a Right to a Criminal Defense

The right to criminal defense is fundamental, and when it is erroneously denied, a defendant is afforded recourse. Statements and evidence that are products of this violation are able to be excluded.

Why a Right to a Criminal Defense Attorney in Yakima or Ellensburg is Important

A criminal defendant is facing the possibility of losing their right to freedom. Because of this, a criminal defense attorney is essential to ensure the defendant has somebody that understands the legal system in their corner. A criminal defense attorney often has a positive influence on a client's case. They work hard to prevent their client from being wrongfully convicted or receiving excessive sentences for any crime they are found guilty of. They make certain the constitutional rights of their clients are upheld.

While the court is able to appoint an attorney to represent you if you are unable to afford one, it is almost always best to hire your own attorney whenever possible. A court-appointed attorney may not have the time that your case requires.

To What Standard is a Criminal Defense Attorney Held in Yakima or Ellensburg?

While the 6th amendment does not explicitly hold that a criminal defendant has “effective assistance of counsel,” this is how it has been interpreted by courts, and if a defendant does not receive it, he may be granted a new trial.

In Strickland v. Washington 466 U.S. 668 (1984) , the court held that the proper standard for constitutional assistance of counsel is that the attorney must have provided reasonably effective assistance when considering all the circumstances. A convicted defendant has the burden of proving that counsel's representation fell below an objective standard of reasonableness. Furthermore, in order to obtain relief, such as another trial, a defendant must show that there is a reasonable probability that, but for counsel's unprofessional errors, the proceeding would have been different.

Going through the criminal justice system can be overwhelming and frightening. At Law Office of Tony Swartz, Tony is here to assist and to make sure your rights and freedoms are protected. Contact him for a free consultation by calling 509-293-7593.

Criminal Defense Lawyer in Kittitas and Yakima County: Understanding Self-Incrimination

Fri, 16 May 2025 23:24:27 GMT

Criminal Defense Lawyer in Kittitas and Yakima County: Understanding Self-Incrimination

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 result in your facing criminal prosecution. It is also this amendment that gives you “the right to remain silent.”

It is possible you have even heard of people invoking this right by “pleading the fifth.” By pleading the 5th Amendment, they have invoked their right against self-incrimination.

The 5th Amendment does not apply to DNA and fingerprint evidence. This type of evidence is considered to be non-testimonial and the right against self-incrimination only applies to communicative evidence.

If you've been arrested in Ellensburg or Yakima, it is important you speak to a defense attorney right away. At Law Office of Tony Swartz, I have successfully represented clients and I can defend your rights, as well. Contact us either online or by calling 509-293-7593.

Why the Right against Self Incrimination is Important in Washington

The right against self-incrimination is a cornerstone of our justice system. There are several reasons for this.

It limits the power of the government. Mere suspicion by the government of someone's guilt is not enough; the government must actually prove their guilt.
No one can be forced to confess (which can happen even when someone is not actually guilty).

The main purpose of the right against self-incrimination is to protect both the innocent and the guilty from being subject to government overreach.

Self-Incrimination Violations

The police are unable to force you to incriminate yourself. It was held in Malloy v. Hogan, 378 US 1 (1966) that “when determining if state officers properly obtained a confession, one must focus on whether the statements were made freely and voluntarily without any direct or implied promised or improper influence.” In other words, the right against self-incrimination applies to situations where there is an attempt to force you to give testimony that will likely be used against you in a criminal proceeding. It does not apply when you offer the information voluntarily.

One of the ways your right against self-incrimination may be violated is when the police arrest you but do not read you the Miranda rights. Part of the Miranda rights state that you have the right to remain silent and that if you do speak, anything you say may be used against you in a court of law. Failure to inform you of this right may render any statement you give to police inadmissible if you are subsequently charged with a crime. Also, if the police violate this right by using improper influence on you, it may be grounds to have any evidence obtained by virtue of that violation dismissed.

How Can a Criminal Defense Lawyer in Ellensburg or Yakima Use Self Incrimination Violations?

A constitutional rights violation can be a powerful and effective basis for your defense when you have been charged with a crime. A skilled criminal defense attorney can use this violation to have charges dismissed, confessions tossed, and evidence excluded. This is why you should call Law Office of Tony Swartz today at 509-293-7593 for a free consultation.

Understanding Criminal Procedure and Arraignments in Kittitas or Yakima County

Fri, 16 May 2025 23:23:26 GMT

Understanding Criminal Procedure and Arraignments in Kittitas or Yakima County

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 those who have been charged with criminal activity previously. Many people without lawyers try to defend themselves or explain their story during an arraignment, which is a horrible idea for many reasons.

Knowing what to expect can help relieve some anxiety. Tony Swartz, a criminal defense attorney based in Ellensburg and Yakima, can inform you of the process and your rights. He believes informed clients make the best decisions for themselves. Contact Tony at 509-293-7593 to schedule a free consultation - he wants to help get the best outcome in your unique situation.

Arraignment Process in Kittitas or Yakima County

An arraignment is your initial appearance in open court. Its purpose is to advise the defendant of their right to know the charges against them, as such, the judge formally reads the charge or charges to a defendant and asks the defendant how they plead.

Timing of the Arraignment

A defendant cannot be held indefinitely without knowing what the charges are against them. They must be allowed to seek release from custody, if possible. An initial appearance, therefore, usually occurs within a reasonable time of the defendant being arrested and charged, even though the precise timing of arraignment varies. Arraigning the defendant at an early stage ensures:

Their case is progressing; and
They are not spending more time in custody than necessary.

Summary of an Arraignment

The specific procedures and rules for arraignment vary among jurisdictions. In addition to reading the charges and taking the defendant's plea, a court may also read out the substance of the charges, confirm that the defendant understands them, and inform the defendant of their relevant constitutional rights, like their right to a court-appointed lawyer.

The judge may also decide on bail and schedule a court hearing on it. Depending on how the person pleads, the judge may also schedule a sentencing hearing, pretrial conference, and/or a trial.

The Right to Waive Arraignment

You also have the right to waive arraignment in some scenarios, though cases like DUIs and domestic violence cases do require a first hearing even if you try to waive it. If you hire an attorney for your Yakima or Ellensburg criminal case, your attorney can generally waive some arraignment hearings to save you the time and expense of going to court.

Arraignment versus Indictment in Kittitas or Yakima County

Sometimes there is confusion regarding an arraignment or an indictment because in both instances, the alleged suspect is informed of charges to be brought against them. An arraignment, however, is different from an indictment. While an arraignment is an opportunity for a defendant to hear the charges against them and enter a plea, an indictment is a legal document formally charging a defendant with a crime and is usually only used in felony cases in certain states - Washington is not one of them, though.

In Washington, a person can be charged by law enforcement authorities via a citation or by a complaint issued by a prosecutor. Once a defendant has been charged, their case proceeds to an arraignment hearing.

To note, in some other states - again, not in Washington, a grand jury must issue an indictment. A grand jury is a group of impartial, randomly selected citizens who hear from the prosecution and witnesses. Then, they decide whether sufficient evidence exists for the defendant to be charged.

Understanding Pleas at an Arraignment in Kittitas or Yakima County

When a judge asks a defendant how they plead to a charge during an arraignment hearing, a defendant can enter a plea of guilty or not guilty.

A guilty plea indicates the defendant accepts the charges and allegations. By entering a guilty plea, the matter will proceed to sentence either immediately after the arraignment or at a later date. Most judges do not allow you to plead guilty at your arraignment for various reasons. It is really not a good idea.
A not-guilty plea indicates the defendant is contesting the allegations and the matter will proceed to the next step, which is usually a preliminary hearing. Pleading not guilty is advised because it offers you the only opportunity you will have to either (1) negotiate a plea deal; or (2) fight the charges against you. Remember: the State or City must prove beyond a reasonable doubt that you are guilty, and that can be a high bar to achieve. As a criminal defense attorney in Ellensburg and Yakima, Tony will fight for you, and if a plea deal is in your best interest, he will make sure the terms favor you and not just the state.

Will I Be Released or Taken into Custody?

The judge decides whether a defendant is released on their own recognizance, is released after granting bail, or is taken into custody.

To be released on your own recognizance , the following two factors must exist:

The charge is less serious; and
You pose no risk to others.

To be released on bail , the judge will consider the following factors:

Whether you have family ties in the area
What your ability and resources are to flee the city, state, or even the country
What danger, if any, you pose to the community
Your criminal record
Any other factor that may be relevant

When released either on your own recognizance or by bail, the judge can set certain terms and conditions of the release. If you violate the conditions, you can be taken into custody.

Some defendants after the arraignment may be immediately taken into custody . This does not automatically mean you will not be released. You are entitled to a bail hearing where you can challenge the judge's decision.

In any of the scenarios, it is always best to have a competent, committed criminal defense representing your interests. At Law Office of Tony Swartz, Tony works as a criminal defense lawyer to effect an outcome best for all our clients. He has the skill, knowledge, and resources to negotiate, strategize, and argue successfully in your defense.

Do You Need a Criminal Defense Lawyer for an Arraignment in Kittitas or Yakima County ?

You're not always legally required to have a lawyer represent you at an arraignment hearing. However, it's at least worthwhile to speak to an attorney before your arraignment so you can obtain advice relevant to your case and the options available to you. Engaging an attorney at this early stage also allows the attorney to start preparing for your case.

That said, it is in your best interests to be represented by an attorney. Going before a judge in open court is stressful. It is at the arraignment that you realize the gravity of what you face. A lawyer by your side will ensure your rights are upheld and advise you on what to say to the judge so that you do not make a bad impression.

Plus, if you seek release, a judge may set harsh conditions for your release. An attorney can counter those conditions and persuade a judge to set different, more favorable terms.

Contact a Criminal Defense Attorney in Ellensburg and Yakima Today

An arraignment can be scary for many people, especially if it is your first time before a judge in open court. All eyes will be on you when the charges against you are read. Not only is a criminal defense attorney a strategic move on your part, it is also a comforting one. Knowing that someone has your interests in mind will help you throughout the course of the arraignment and your criminal case.

Contact Law Office of Tony Swartz today by calling us at 509-293-7593 to schedule a free consultation. Tony is here to help you get through the criminal system as best as possible.

Understanding DUI Arrests in Kittitas County or Yakima County and Ignition Interlock Devices (IID)

Fri, 16 May 2025 23:22:02 GMT

Understanding DUI Arrests in Kittitas County or Yakima County and Ignition Interlock Devices (IID)

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 conviction related to a DUI incident. IIDs can be useful in one way: they are often required when you want to drive but your license has been suspended. They can also cause you problems. These devices are hard to operate and can produce faulty results that can get you into more trouble.

At Law Office of Tony Swartz, Tony is a DUI defense lawyer who can inform you of your rights and help you understand your responsibilities while you fight DUI or DUI-related charges. This is especially true if you are required to install an IID to your vehicle. Contact Tony at 509-293-7593 to schedule a free consultation and learn more about your legal options.

What is an Ignition Interlock Device (IID)?

An ignition interlock device (IID) is a small device installed in a vehicle to measure the amount of alcohol in a person's breath. A driver must breathe into the device before driving, and if the IID registers the presence of alcohol over the legal limit, the car will not start. If the IID registers alcohol under the legal limit, the car can be started but with one caveat: a recorded warning is issued.

Everything the device records is reported to either the court or the state's department for motor vehicles (e.g., Department of Licensing) – it depends on who ordered the IID device or who manages the IID program.

Tony recommends clients either work with Intoxalock (877-268-9480) or SmartStart (833-718-2777). If you hire a lawyer, these companies also often give discounts on their services - it's worth asking.

What Information is Recorded and Reported?

For your own information, it is good to know what information is or can be recorded and reported. Typically, reported information is pursuant to each IID program but may include any of the following:

Date and time of each startup or rolling test
Location of the vehicle at the time of each test, if equipped with a GPS
A photo of you at the time of each test, if equipped with a camera
Pass or fail results
BAC reading for each test
Number of lockouts, if any
Indication someone else tried to take the breath test
Any tampering with or removal of the IID
Missed service visits

When are Results Reported?

Results are reported at different times. Generally, results are reported in real-time.

Why Are Ignition Interlock Devices Required in Kittitas County or Yakima County ?

Every jurisdiction has its own rules regarding the installation of ignition interlock devices, but typically IIDs are ordered in any of the following circumstances:

You were investigated for DUI offenses and had an accident, have a prior DUI on your record, or some other reason to make the judge concerned.
Your driver's license was suspended, but you were granted a restricted license with the installation of an IID as a condition, allowing you to drive back and forth to work, school, doctor appointments, or another court-approved location.
You were convicted of DUI and installation of an IID was part of the sentence.

Three Problems Associated with IIDs in Kittitas County or Yakima County

IIDs are sometimes flawed devices. Many complaints exist but here are the top three problems.

False Positives. False positives are a reality with IIDs. Common household products (like mouthwash, hand sanitizer, and cough syrup) and foods (like energy drinks, pickles, and fruits) have been known to cause a false positive.
User Error. Like IIDs, people are flawed too. Some IIDs require drivers to hum while they blow into the device. This can be difficult for some people, causing the device to record a violation that does not exist.
Multiple Drivers. Many people share vehicles with their spouses and other family members, and there is no way to shut down an IID when the vehicle is being used by someone other than the person it is intended to monitor.

These problems are not insignificant. When an issue arises, it can create more legal worries with the criminal court. The state can also revoke the restricted license, meaning you can no longer drive your vehicle to/from work, school, etc.

While all these problems can cause frustration and affect your ability to drive, ignition interlock devices can also be dangerous.

Dangers of Ignition Interlock Devices

What many people fail to realize is that IIDs not only test blood alcohol levels before allowing the car to start but also while the vehicle is in motion. This is known as “rolling testing” and is a common reason for IID criticism.

Drivers are randomly prompted to provide a breath sample while driving. The purpose is to confirm that an unlawful amount of alcohol is not present in their system while operating the vehicle. To submit a breath sample while driving, however, is a big distraction and takes your eyes off the road. The latter creates dangerous situations and leads to accidents.

The only way to stay safe, keep your driver's license, and avoid a criminal record is through a smart DUI defense strategy. There are no guarantees that you will keep your license and avoid a criminal conviction, but retaining a criminal defense lawyer improves your outcome.

Contact a DUI Defense Lawyer in Kittitas County or Yakima County Today

If you have been charged with a drunk driving offense, it is in your best interest to seek counsel from a defense attorney experienced with DUI cases in Kittitas County or Yakima County. Contact Law Office of Tony Swartz by either using the online form or calling at 509-293-7593 for a free consultation.

Probation Violations in Washington and Urine Tests

Fri, 16 May 2025 23:20:36 GMT

Probation Violations in Washington and Urine Tests

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 defense attorney in Kittitas and Yakima Counties. Here, he will discuss what urine tests are and provide the information you need to understand how this type of chemical test could impact your case. Contact Tony at 509-293-7593 to schedule a free consultation to learn more.

When Are Urine Tests Used in Probation Cases in Washington?

Typically, a urine sample is taken in the presence of a probation officer.

The urine test can detect metabolites within an individual's blood to determine if an individual consumed alcohol or drugs recently. Because urine samples provide less reliable evidence than breath and blood tests, they are rarely used in criminal cases OTHER than probation tests.

In jurisdictions where this test is utilized, such as Kittitas County or Yakima County, they are used both for drunk driving and drugged driving-related offenses where someone was later found guilty and placed on probation. Sometimes these tests may be less reliable; therefore, they could be vulnerable to challenges in the right situation.

Can You Refuse a Urine Test in Washington?

Like breath and blood tests, you may want to refuse to submit to a urine test. But also like breath and blood test refusals, there may be consequences. Most probation officers look at a refusal to provide a urine test in the same way as if you gave a positive one - in other words, even if you think you may be positive, it is tough to decide to refuse given consequences may still come from the refusal. Speaking to a Kittitas and Yakima Counties DUI defense attorney is in your best interest so that you know what your legal options are in any given scenario.

Possible Consequences of Urine Test Refusal

If you refuse a urine sample for whatever reason, you could risk:

jail time
extra probation time
other conditions such as community service, treatment extensions, or anything else the judge thinks is necessary in your scenario

Problems with Urine Tests in Washington

Urine tests are commonly believed to be the most unreliable of the three chemical tests used in the criminal system. The issues could include misidentified substances, testing issues, and more. Also, like breath and blood tests, urine samples and urine tests must be handled and conducted in accordance with lab regulations. Failure to comply with these regulations or any type of tampering or mishandling of the sample can compromise the integrity of the test results.

Contact a DUI Defense Attorney

Urine tests are widely known to have issues. You should not go into court and just admit to your probation violation because you think it is a slam dunk for the probation officer or prosecutor. You might still need to admit the violation, but it is wise to contact a Kittitas County DUI attorney or Yakima County criminal defense attorney before you do so.

At Law Office of Tony Swartz, Tony has looked at many urine tests both as a prosecutor and as a defense attorney. Defenses or explanations are usually helpful in these types of cases. To learn more about how he can defend you, contact Tony by filling out the online form or calling us at 509-293-7593 to schedule a free consultation.

Understanding Miranda Rights in Kittitas County or Yakima County DUI cases

Fri, 16 May 2025 23:19:21 GMT

Understanding Miranda Rights in Kittitas County or Yakima County DUI cases

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 in this country meant to protect you from illegal police questioning. We also know, however, that those laws are often violated.

Whether a violation of your Miranda rights is intentional or accidental, you can often use the violation in your defense. Any good criminal defense lawyer in Washington will identify whether your Miranda rights were violated, and then use that information to build a solid defense. At Law Office of Tony Swartz, Tony takes your constitutional rights seriously. Contact him at 509-293-7593 to schedule a free consultation and to learn more about how to build a strong defense for your DUI case in Ellensburg or Yakima.

What Constitutes Miranda Rights in Washington?

U.S. citizens have certain constitutional rights that protect them when interacting with the police and criminal justice system, and this is true wherever you are in the United States. These rights are known as Miranda rights, which were upheld by the U.S. Supreme Court in Miranda v. Arizona. 384 U.S. 436 (1966) . Many people probably know about them from popular TV shows or action movies but may not know exactly what these rights mean.

Anyone who has been taken into custody and interrogated by the police must first be read their Miranda rights. The reading of your Miranda rights is known as a ‘Miranda warning' because the police are “warning” you of your constitutional:

Right to remain silent, because anything you say can be used against in court
Right to a lawyer, even if you cannot afford the services of a private attorney

These rights, born out of the 5th and 6th Amendments of the U.S. Constitution, are in place to ensure equal protection under the law. Violation of Miranda rights may be reason enough to suppress any incriminating evidence against you so long as that evidence was obtained from the violation. Motions to suppress or motions to exclude evidence flowing from a Miranda Rights violation can be a critical part of your defense. In fact, getting charges dismissed can result from the finding that Miranda rights were violated in Washington.

What Crimes in Washington Require Miranda Warnings?

Miranda warnings are applicable whenever a person is in police custody for any alleged criminal activity or offense. These include crimes like:

DUI cases
Physical control cases
Drug crimes
Theft crimes
Domestic violence
Property crimes

Are there Exceptions When Miranda Warnings Are Not Required?

There are exceptions to Miranda warnings, and these exceptions apply to when police must give Miranda warnings and when evidence can be excluded for Miranda warning violations. Many people misunderstand when Miranda warnings are required because this area of the law is very hard to understand.

Exceptions to When Police Must Give the Miranda Warnings

A few situations exist where the police are not required to read a person the Miranda warnings. These situations include when the officers are:

conducting field sobriety tests
questioning someone for public safety purposes
asking standard booking questions, like your name and address
using an informant to talk to a person while incarcerated
stopping a vehicle for a traffic violation.

Exceptions to When Violations Will Not Result in Exclusion of Evidence

As mentioned, when there's a Miranda warning violation, any evidence obtained from the violation can typically be excluded as evidence. There are, however, a few important exceptions.

Public safety. When the police ask questions for the purpose of public safety and discover any evidence of alleged criminal activity, it can be admitted as evidence against the alleged offender.
Witnesses. When the police question a suspect, albeit unlawfully, and identify a potential witness, that witness may be allowed to testify at trial.
Tangible evidence. When the police question a suspect, albeit unlawfully, and discover tangible evidence, that evidence can often be admitted to court.
Inevitable discovery. When the police question a suspect, albeit unlawfully, and tangible evidence is discovered, that evidence may still be admissible if it would have been discovered without questioning the suspect.

Determining if Miranda Rights Were Violated in Washington

You always have the right against compelled self-incrimination and the right to a criminal lawyer. Miranda requires that people be informed of these rights should they be:

In police custody, and
Subjected to interrogation.

If you were taken into custody and interrogated about criminal activity without being “Mirandized” (read your Miranda rights), any evidence provided during that interrogation may be excluded from court. Knowing what these terms mean can help you understand whether your Miranda rights were violated.

Custody means a reasonable person would think they were in custody if they were in the same situation. If you are held against your will, you likely have been taken into custody. For example, being put into the back of a police car typically means you are in the custody of the police. This is complicated though, because you're not free to leave during field sobriety tests, but Washington law also says police are not required to read Miranda rights to you in this scenario.
Subjected to interrogation means the police ask questions specifically intended to elicit incriminating statements. For example, asking why you did it or where you hid a stolen item are questions that are subjecting you to an interrogation.

One word of caution: your words can still haunt you even if you were able to prove your Miranda rights were violated and, as a result, were able to suppress the evidence flowing from that violation. At trial, incriminating statements can be used to impeach you. This means your statements can be used to show you lied or are not fully telling the truth while on the stand.

Can I Talk to the Police?

It is usually not advisable to talk to the police without the presence of an attorney. Some people, however, still want to talk. Miranda rights can be waived. Just remember: if a police officer delivers a Miranda warning, but you continue to talk, that information can be used against you as evidence in court.

Why Wasn't I Read My Miranda Rights?

You may not have been read Miranda rights if you were not being taken into custody to be interrogated or put under arrest.

The police can ask questions so long as they are not incriminating. Also, there are exceptions. For example, traffic stops are not custodial. The police can pull you over for a traffic stop, and if that leads to a suspicion of intoxicated driving, the police can ask questions without reading your Miranda rights or have you do field sobriety tests without reading rights to you, for example.

Your Miranda rights (and a violation of these rights) depend on the exact circumstances of your encounter with the police. This is exactly why it is important to seek the advice of a criminal defense attorney in Kittitas County or Yakima County.

Contact a Criminal Defense Attorney in Kittitas County or Yakima County Today

When your Miranda rights are violated, your attorney can use that to file motions to suppress evidence or dismiss the case - remember though, it all depends on the facts and circumstances. This can be a critical component of your defense strategy.

At Law Office of Tony Swartz, Tony is an experienced attorney and he knows what to look for. He can file motions to exclude evidence when it's applicable. Contact Tony today at 509-293-7593 or fill out the online form to schedule a free consultation.

Hunting Charge Reduced

Fri, 16 May 2025 23:06:09 GMT

Hunting Charge Reduced

A client was hunting and did not have the proper license. This client's case was able to be reduced to a non-criminal infraction with a fine, thus taking away the possibility of probation, jail, and other sanctions.

Every case is different. There is never a guarantee regarding what could or will happen in court on your case. It is important that you hire an attorney to deal with your specific case and the facts surrounding your arrest.

Schedule a free consultation today to speak about your case.

Practice area(s): Criminal Defense

License Revocation Overturned

Fri, 16 May 2025 23:05:23 GMT

License Revocation Overturned

A client was facing a one-year license revocation due to the officer claiming they refused the breath test when asked to do so. Tony was able to convince the hearing examiner that the reason for the breath test was not a refusal, and thus the client was able to keep their license given the hearing result.

Schedule a free consultation today to speak about your case.

Practice area(s): DUI / DWI

Amended DUI charge due to medical issues

Fri, 16 May 2025 23:04:41 GMT

Amended DUI charge due to medical issues

A client was arrested for DUI after a rollover accident. The prosecutor was pushing hard for a month of jail given the accident. Due to medical evidence that likely affected the breath test results in the case, Tony was able to ultimately get the case reduced to a non-DUI and he got the prosecutor to agree to no jail.

Practice area(s): DUI / DWI

Dismissed criminal charges

Fri, 16 May 2025 23:04:02 GMT

Dismissed criminal charges

A client was a passenger in a vehicle. The client was subsequently unconstitutionally questions by the State Trooper and was later cited with criminal charges based on that conversation. The court determined that the contact with the passenger was unlawful and thus the court dismissed the charges.

Schedule a free consultation today to speak about your case.

Practice area(s): Criminal Defense

Dismissed DUI charge

Fri, 16 May 2025 23:03:10 GMT

Dismissed DUI charge

A client was contacted because he was a passenger in another vehicle and that car got pulled over for speeding. The officer assumed that the client was previously driving, and thus arrested them for DUI. Tony was able to show the court that there was no reasonable suspicion for the contact and thus the court dismissed the DUI charge.

Schedule a free consultation today to speak about your case.

Dismissed DUI charge

Fri, 16 May 2025 23:02:09 GMT

Dismissed DUI charge

A client was arrested by an officer; the officer's stop was based solely on a 911 call. The trial court determined there was insufficient evidence to allow the officer's stop after hearing testimony and dismissed the case due to lack of reasonable suspicion to allow the officer to even stop the car and contact said client.

Schedule a free consultation today to speak about your case.

Practice area(s): DUI / DWI

Dismissed DUI charge

Fri, 16 May 2025 23:01:07 GMT

Dismissed DUI charge

A client was having a mental health crisis at the time of driving. The Trooper assumed that the mental health symptoms were signs of being drunk and arrested her for DUI even though there was no breath test. The prosecutor's office charged her with a DUI after blood showed medication. Tony was able to show the medication does not have an affect on driving and thus the DUI was dismissed by the prosecutor.

Schedule a free consultation today to speak about your case.

Practice area(s): DUI / DWI

Dismissed DUI charge

Fri, 16 May 2025 22:53:02 GMT

Dismissed DUI charge

A client was stopped by a State Trooper for not having a license plate. They were subsequently arrested for DUI with a high breath test. The car clearly had a license plate, but the prosecutor didn't believe my client and only believed the cop. Through discovering additional evidence on another trooper's dash camera, it was clearly shown that the cop was mistaken. Tony was able to point out this inconsistency and the entire case was ultimately dismissed entirely - including the DUI.

Schedule a free consultation today to speak about your case.

Practice area(s): DUI / DWI

Not Guilty Jury Verdict

Fri, 16 May 2025 22:51:37 GMT

Not Guilty Jury Verdict

Tony received a not guilty jury verdict in Lower Kittitas County District Court for the criminal charge of reckless driving. A client was arrested when an officer alleged he was driving recklessly. The facts showed he was driving between 35 and 50 miles per hour and he used the middle lane to pass a car. The prosecutor refused to negotiate the case given his commercial driver's license, though the client was driving a regular vehicle at the time of the arrest.

The jury ultimately found no reckless conduct, though everyone admitted the driving was "bad" for the most part. This is a great example of why you need an attorney to work on your case - what might seem clear to the prosecutor may not be as clear to a jury. Had the client accepted the plea deal offered by the prosecutor, he would have lost his license.

Schedule a free consultation today to speak about your case.

Practice area(s): Criminal Defense

Not Guilty Jury Verdict

Sat, 01 Jun 2024 22:49:05 GMT

Not Guilty Jury Verdict

Tony received a not guilty DUI jury verdict in Cle Elum, Washington. The client blew a .080, .086, .087, and .092, but he was pulled over by Washington State Patrol for expired tabs. The verdict was obtained by arguing various issues including breath test reliability and overall sobriety based on field sobriety tests/other indicators.

Schedule a free consultation today to speak about your case.

Practice area(s): DUI / DWI

Motion to Dismiss as Defense Strategy in Washington State Criminal Cases

Wed, 11 Oct 2023 23:13:48 GMT

Motion to Dismiss as Defense Strategy in Washington State Criminal Cases

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 not the only reason to file a motion to dismiss. Other reasons exist, and that is why it is important to retain the help of a criminal defense lawyer.

But there's another reason you need a criminal defense lawyer who knows how the system works: a motion to dismiss does not necessarily mean you will never be charged for the same crime again, as how the judge grants such a motion and whether the state can refile your charge depends if the case was filed with prejudice or not. A good criminal defense lawyer will argue for dismissal with prejudice, which means the prosecutor cannot refile the same claim.

At Law Office of Tony Swartz, Tony is a lawyer in Kittitas and Yakima Counties who will review your case and file a motion to dismiss when it is appropriate. Typically, this type of motion is filed early in the case. To learn more about how we will represent you and defend your case, contact him today at 509-293-7593 to schedule a free consultation.

Motion to Dismiss

A Motion to Dismiss is a request for the court to throw out a charge or charges against a defendant. It is a pretrial motion, heard by a judge. There is no jury involved.

When a defendant files a Motion to Dismiss, they argue there is a problem with the legal basis of the charge, and so the case should not proceed to trial. When a judge decides a motion to dismiss, they are not determining the defendant's guilt or innocence. They look at the legal validity of the charge itself.

Reasons to File a Motion to Dismiss in Washington State

Insufficient evidence, as mentioned above and as discussed briefly below, is one of the main reasons a motion to dismiss is filed, but other reasons exist. Some other common reasons are discussed below.

Insufficient Evidence

In a criminal trial, the prosecution must prove the charge against the defendant beyond any reasonable doubt. To do so, all elements of the crime must be satisfied, and this is accomplished primarily through evidence. Evidence can be in the form of eyewitnesses, expert witnesses, photographs, video, tangible evidence, and other forms.

If, in its totality, the evidence is not enough to prove the charge by satisfying all the elements of the offense, the defense can file a motion to dismiss due to insufficient evidence.

Statute of Limitations

The statute of limitations is a timeframe in which the prosecution can file charges against a defendant after a crime has been committed. Different offenses have different statutes of limitations. Once the statute of limitations has expired, charges cannot be brought. Most misdemeanors are 2 years, but felonies vary.

If the prosecution charges a defendant outside of the statute of limitations, the defense may file a motion to dismiss.

Violation of the Right to a Speedy Trial

The Sixth Amendment of the U.S. Constitution grants all defendants the right to a speedy trial. Washington courts also utilize CrR 3.3 and CrRLJ 3.3 as the state rule. Specifically, US Constitution Amendment 6.2.3 states:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Defendants are entitled to have their trial heard within a reasonable time, but different rules apply as to when the right is attached to the defendant. If there have been unreasonable delays, and the defendant is not at fault, the defense may file a motion to dismiss.

Double Jeopardy

The Fifth Amendment of the U.S. Constitution prohibits double jeopardy, which means you cannot be tried for the same offense twice. Specifically, Amendment 5.2.2 states:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

A defendant who has been acquitted of a charge cannot be prosecuted a second time for the same conduct. If this happens, the defense can file a motion to dismiss based on double jeopardy.

Other Reasons

The above reasons are only some of the more common reasons a defendant may file a motion to dismiss. Jurisdiction, other legal issues, and more can result in motions to dismiss.

The legal basis of a motion to dismiss is unique to each case. It is worth discussing your specific circumstances with a criminal defense attorney in Washington State.

Motion to Dismiss with Prejudice or without Prejudice

A criminal case can be dismissed before, during, or after a trial. It is typically the result of the defendant filing a motion to dismiss, which is discussed above. In some cases, however, the prosecutor might file a motion to dismiss or the court may dismiss a case without a motion. In any of these scenarios, when a case is dismissed, it is done so either with or without prejudice.

With or without prejudice are terms a defendant should understand because many think that when a judge grants a motion to dismiss, the defendant will never face the same charge for the same incident again. When cases are dismissed with prejudice, that is true, but when cases are dismissed without prejudice, the prosecutor could later refile the charges.

In sum, a dismissal with prejudice means that a judge's order is the final judgment in the case, and the prosecutor cannot refile charges. In a dismissal without prejudice , the prosecutor can, in the future, either refile the charges or file new charges based on the same alleged criminal incident.

Dismissed Charges versus Dropped Charges in Washington State: What's the Difference?

Do not confuse dismissed charges with dropped charges. A judge dismisses charges after they have been filed, and the judge does so for many of the reasons listed above. Charges, however, that are dropped are typically dropped by a prosecutor who may do so for some of the reasons above or for other reasons, like victims who will not cooperate.

Contact a Criminal Defense Attorney in Kittitas and Yakima Counties Today

A well-argued motion to dismiss can be an important defense strategy. It can lead to successful plea negotiations with the prosecution or even the charges being dismissed entirely.

For these reasons, it's worth engaging a defense attorney who is an expert in pretrial motions. That attorney can look at your matter and advise if there are any potential legal bases for a motion to dismiss. At Law Office of Tony Swartz, Tony is located in both Kittitas and Yakima Counties. He will investigate your case and strategize accordingly all while ensuring you understand the charges against you. Call him at 509-293-7593 or fill out the online submission form today to schedule a free consultation.

Ellensburg, WA Lawyer for Power of Attorney

Thu, 13 Jul 2023 23:15:58 GMT

Ellensburg, WA Lawyer for Power of Attorney

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.

People are often confused, however, as to when and which type of POA is needed. At Law Office of Tony Swartz, Tony is an estate planning attorney in Ellensburg, Washington who will listen to your concerns and needs, review your estate, and advise you on which POA is best for you and your unique situation. Contact Tony at 509-293-27593 to schedule a consultation and learn more about how and why a POA can complement your estate plan.

What Constitutes a Power of Attorney in Washington?

A power of attorney is the legal authorization for one person, the agent, to act on behalf of another person, the principal. Often called a letter of attorney or just a "POA", they are a common element of estate planning as they let a person who is losing their ability to manage their own affairs choose someone they trust to make decisions for them.

There are six types of POAs, described below.

1. Durable POA

A durable POA takes effect immediately upon your signature unless the POA states otherwise and allows your agent to continue acting on your behalf even when you are incapacitated. A durable POA terminates only when you die or when a revocation of a POA form is issued.

2. Non-durable POA

A non-durable POA takes effect immediately upon your signature unless the POA states otherwise. It does not allow your agent to continue acting on your behalf when you become incapacitated. In the latter scenario, only a court-appointed guardian or conservator can make decisions on your behalf.

3. Medical POA

A medical POA is sometimes referred to as an advance directive because it allows you to appoint a healthcare agent to make medical decisions for you when you cannot do so. It is limited by your specific medical preferences and any other directive you may have as part of your estate plan, like a living will or a Do Not Resuscitate (DNR) form.

4. General POA

A general POA allocates broad powers to the agent to act on financial, business, real estate, and legal matters. This POA is limited only by the terms set out in the POA or by any relevant state statute.

5. Limited (Special) POA

A limited (Special) POA allows the agent to act for a specific purpose and once that purpose is accomplished, the POA expires.

6. Springing POA

A springing POA takes effect if/when a certain event or medical condition occurs as specified in the POA. It ends at a specified time as outlined in the POA or if/when you become incapacitated or die.

When is a Power of Attorney Necessary in Washington?

A power of attorney is a useful tool for people who are planning their estate but who are losing the ability to understand the repercussions of their decisions and actions. By giving an agent the power to make those decisions, a principal can rest assured that someone is taking care of them.

A POA is common in the following situations:

The principal suffers from a worsening medical condition that impacts their mental capacity, like Alzheimer's or dementia
The principal is physically disabled and cannot sign important documents
The principal wants to give someone else the power to make specific decisions on their behalf

There are, of course, other reasons why you may need or want a power of attorney created. Speaking to an estate planning attorney in Washington is the best way for you to identify and determine what will work best for you.

How is a Power of Attorney Created?

Because having the power to make financial and medical decisions for someone else is such a serious matter, Washington State incorporates formalities that must be followed to:

Ensure the power of attorney is legitimate; and
Confirm the person relinquishing their rights is doing it knowingly and voluntarily.

Contact Tony Swartz in Ellensburg, Washington to find out exactly what the process is so that you don't make mistakes that could prompt delays or problems.

Challenges to a POA in Washington

A family member or another close person is usually listed as the power of attorney. Sometimes, problems or conflict arises, leading to another family member disputing the POA. There are three possible ways to challenge a POA.

The principal is mentally incompetent. The principal of the POA is the one who grants a power of attorney, and the principal gets to choose who that POA is. If a family member wants to revoke or contest the POA, then proving the principal was mentally incompetent (e.g., has dementia, a psychiatric issue, or another form of mental incapacity) is one way it might be done. This type of dispute is often determined by the winner of the battle of the experts.
Formalities were not followed. POAs require a number of formalities, which vary by state. Failure to follow or satisfy the formalities can mean the POA is invalid. You want to look out for specific language that's required by state law, signature and witness requirements, and notarization requirements.
Agent abused authority. Agents are the ones chosen by the principal to act as their POA. When an agent abuses this authority, a POA can be challenged. Examples of abuse include stealing the principal's assets, mismanaging assets, or neglecting the principal's needs altogether. This type of dispute can be difficult to prove because often it's a matter of he-said, she-said.

Having an attorney to help you with the POA is one way to help prevent disputes in the future.

Contact an Estate Planning Lawyer in Ellensburg, Washington Today

Powers of attorney are powerful tools to make sure your finances and other business or personal matters are properly managed while you are incapacitated or otherwise unable to oversee them yourself. You can speak to an estate planning attorney at Law Office of Tony Swartz to discuss estate planning generally and powers of attorney as part of the estate plan specifically.

Tony always believes that his clients make better choices for themselves and their loved ones when they are well-informed and adequately prepared. Contact him directly at 509-293-27593 or online today to schedule a consultation.