Washington State Criminal Defense

Kirk has litigated over 100 jury trials. The following are just some of the areas in which he is able to assist clients.

Reckless Driving

Reckless Driving is a gross misdemeanor. A person may be convicted of Reckless Driving if it can be proved the person was operating a vehicle with willful and wanton disregard for the safety of persons or property. Conviction of Reckless Driving will result in a mandatory 30 day license suspension. Jail time and fines can also be imposed by a court.

Negligent Driving in the First Degree

Negligent Driving in the First Degree is a misdemeanor. A person may be convicted of Negligent Driving in the First Degree if it can be shown the person was operating a vehicle in a negligent manner that was likely to endanger persons or property and the person exhibited the signs of having consumed alcohol. Unlike a conviction for DUI, there is no mandatory minimum jail time, fines or license suspension for conviction of Negligent Driving in the First Degree.

Negligent Driving in the Second Degree

Negligent Driving in the Second Degree is a traffic infraction and not a crime. A person is guilty of negligent driving in the second degree if, under circumstances not constituting negligent driving in the first degree, he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property. The maximum fine, excluding court assessments, is $250.00.

Probation Violations

There is far less procedure accorded a person charged with a probation violation than with a new crime. The prosecution must prove a probation violation by a preponderance of the evidence. Many hearsay documents which are considered reliable may allowed into evidence. If a sentence is suspended based upon following conditions of probation, a court could impose the entire unsuspended portion of the sentence for violation of probation.

Criminal Record Expungement

It may be possible to get your record cleared or sealed which can be extremely helpful for job applications. You can lawfully tell a potential employer you have no criminal record. Generally there is a waiting period of just a few years to up to 10 years to seal some convictions. For some juvenile offenses, if a person has not committed a new offense in two years, it may be possible to seal or vacate the conviction.