Legal Question in Criminal Law in Washington

If three people are murdered and the homeowners significant other suvives but has been shot too and becomes states witness, be charged with drugs found in the home ? Can they hide the drug evidence till after murder trial is over and then charge her for the drugs, or does all evidence at crime scene have to be disclosed from the get go ? This is for washington state.


Asked on 5/26/11, 1:39 am

1 Answer from Attorneys
Lisa Mulligan Lisa Mulligan Law Offices, LLC

The State can choose to prosecute whenever they feel there is sufficient evidence of a crime. If the homeowner has not yet been charged with a crime, the State does not have a duty to disclose any evidence to that person and they can choose to delay prosecution of a drug charge for up to three years after the incident. If the homeowner is a State's witness, he/she should speak to a lawyer to ensure that his/her rights are protected and he/she is not accidentally providing the State with incriminating evidence during the process. An attorney may also be able to get additional information or agreements from State about their intentions to charge or not.

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Answered on 5/26/11, 10:13 am


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