Legal Question in Criminal Law in Washington

1st degree manslaughter

My son came home to find his fiancee having sex with another man. He assaulted her. Unbeknown to him the girl was pregnant. The state intends to hold him in custody until the birth of the child to accertain that there was no birth defects caused by him. He is 22, she is 15 and they already have a child together.


Asked on 4/07/09, 3:59 pm

3 Answers from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: 1st degree manslaughter

Although from California, Joe Dane's answer summarizes Washington Law too. Further, even once charged, the prosecution only has 90 days to bring him to trial. In any circumstance, your son should hire an attorney now.

At your service,

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Answered on 4/08/09, 1:42 pm
Joe Dane Law Office of Joe Dane

Re: 1st degree manslaughter

Unless he agrees to waive time, they cannot just "hold him" to see what charges to file. Once somebody is taken into custody, they must file or release him (assuming there are no other holds like a probation violation or immigration hold) within 2 court days.

If they did file some sort of charge against him and he's in on that, they could decide to later upgrade the charges, assuming he hasn't plead guilty already.

Depending on what, if anything, is currently filed, he needs to discuss this with his attorney IMMEDIATELY. Things could change substantially very quickly, but there are steps he can take to protect himself. The prosecution may be barred from filing any additional charges later, depending on what happens NOW.

I can't stress the urgency of this situation enough.

Please see my website for more details and let me know if I can help. [ www.joedane.com ]

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Answered on 4/07/09, 4:04 pm
William Morrison Action Defense Center

Re: 1st degree manslaughter

Are you sure that he's not being held for statutory rape?

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Answered on 4/08/09, 12:22 am


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