David Nelson Jolly
About David Nelson JollyI have been practicing law in Western Washington since 1997. Since my first day of practice my area of emphasis has been DUI law. My first few years of practice were as a Prosecuting Attorney then in 2001 I moved to private practice representing those accused of the crime. Since 2004 I have only practiced this DUI and Criminal Defense. My knowledge in this area is immense and has been helped by my work in completing a total of 14 DUI books including, "The DUI Handbook for the Accused" in 2007. I have two more books being printed in 2009, "The DUI Handbook for Lawyers" and "Driving Under the Influence-A Brief History" and the "Whatcom County DUI Handbook, among others.
I believe in thorough and aggressive representation of my clients. I also believe that our representation goes beyond just the court appearances and DOL hearings. We help to facilitate alcohol evaluations, treatment or alcohol classes (whichever is deemed necessary), the DUI Victim's Panel, and any else that may be required. It is my staff's objective to make this process as smooth as it can possibly be.
Experience. Knowledge. Aggressive Representation. These are the cornerstones of my practice.
- Criminal Law
- DUI & DWI
- Free Consultation
- Rates, Retainers and Additional Information
- We charge a flat fee and do offer payment plans. Our fees are very reasonable considering our area of expertise and experience.
Jurisdictions Admitted to Practice
|Field Sobriety Testing - Certification (NHTSA)|
|Northern Illinois University||J.D.||Law|
|University of Calgary||B.A.||Management|
|Member, Washington Association of Criminal Defense Lawyers (WACDL) Member|
|Member, DUI College of Defense - Harvard Law School|
|Board Member, South Everett / Mukilteo Rotary Club Member|
|Member, Washington State Bar|
- Overall: 14 Answers
- This Year: 14 Answers
Q. I have read that lawyers don't take contingency fee criminal cases why is this ?
A: The very simple answer to your question - why we don't take contingency fees in criminal cases - is very simple. Doing so may be considered unethical and it is not advised by the Washington State Bar Association. To avoid sanctions, we criminal defense attorneys avoid doing anything that may be perceived by the Bar Association as unethical. Law Firm of David N. Jolly http://www.bellingham-lawyer.com/
Q. "friend" took several tools/equipment with a discounted price of $1250 has not made any payments. In WA, what can I do?
A: This set of facts is probably a civil matter and the perfect venue for this case is small claims court. Hopefully there is a written agreement and proof that the tools were taken but no money exchanged. It’s best to see your local municipal or district court in Washington for a small claims package. If you’re concerned that this may be a criminal matter (“theft”) then it is best you contact your local police department and file a report stating that this tools were taken (stolen) without compensation. I fear this is more of a civil matter though. Law Firm of David N. Jolly http://www.snohomishduilawyers.com/
Q. Is T.C.A. 39-13-111 a felony or misdemeanor charge?
A: This statute could be either a misdemeanor felony. The statute cited simply defines domestic violence assault but gives it no classification - that would be a different but related statute. Law Firm of David N. Jolly http://www.skagitduilawyers.com/
Q. If I filed for a motion to dismiss on my right to speedy trial being violated during my case and no motion was mad..agai
A: Your right to a speedy trial is a constitutional right protected by the laws of this great nation. However, and frustratingly, it’s not quite as easy as that. In order to successfully have a motion to dismiss based on a violation of your speedy trial rights you must first object to the setting of a case outside of your time for trial and then bring a motion to dismiss. If you (or your attorney) fail to object to the setting of the case – when it occurs – you may be out of luck. To throw confusion into the mix, a speedy trial right may not be violated if the case is not set timely due to court congestion or witness availability. It is a tough right to protect, believe it or not. Law Firm of David N. Jolly http://www.skagitduiattorneys.com/
Q. Being charged with uttering threats to a police officer resisting arrest and mischief. Am I looking at jail time?
A: Every criminal charge in the State of Washington has the possibility of jail time. Typically the maximum penalties are either 90 days (for a misdemeanor) or 364 days of jail (for a gross misdemeanor). However, not all crimes have mandatory jail so it is conceivable that you may not receive any jail depending on the exact type of threat allegedly made and your criminal history. With a case such as yours it is best to contact a local criminal attorney to discuss. Good luck. Law Firm of David N. Jolly http://www.skagitduiattorney.com/
Q. i missed court to day what can i do
A: If you have very little (if any) criminal history and have no record of not appearing in court, you might be in luck. Contact the court immediately and explain that you missed your court date. They may be able to advise you how to remedy this situation by paying a small fee ($25 or $50) and resetting your court date. If your case or court won’t permit this you’ll need to quash the warrant by hiring an attorney who can get you in front of a Judge for the purposes of quashing the warrant. The only other alternative is to turn yourself into jail, which you do not want to do! Contact a local criminal defense lawyer first. Law Firm of David N. Jolly http://www.bellinghamattorney.guru/
Q. I was sentenced to EHM but I now have no place to do it. What do I do to take the jail time that was offered in court.
A: If you are unable to perform electronic home monitoring the Jail and Court will understand … however, you must be careful that the conversion for EHM isn’t treated equally with jail. In other words, if you were sentenced to 30 days of EHM this should equal 2 days of jail based on the tried and true 1 day of jail equals 15 days of EHM. I would visit the Jail and see if they would convert for you but also check with the Court. If in doubt, you can bring a motion in the court where you were sentenced and request a Judge make it clear that you can serve jail in lieu of EHM but at the conversion mentioned earlier – I would recommended you go back to court and have this clarified. In such a case, retain an attorney to help you. Law Firm of David N. Jolly http://www.whatcomdui.net/
Q. How long does a judge have jurisdiction on a misdemeanor charge after you plead guilty
A: Most misdemeanor offenses in Washington have 2 years of probation while Washington DUI convictions (or deferred prosecution) have 5 years of probation. However, there are many examples of the probationary period being less than the mentioned 2 or 5 years. As long as the probation period is the length of time the Court has jurisdiction over the individual. Law Firm of David N. Jolly http://www.dui-bellingham.com
Q. Ifyour probation says you can't drink or do drugs, but your probation is over, can you continue to do so?
A: Probation has incredible powers so while you are probation, of any kind, do what they say and stay out of criminal trouble. It is also important to understand if you are actually on probation or not. Many confuse “inactive” (or unsupervised) probation as not probation, but it is. Most misdemeanor offenses in Washington have 2 years of probation while Washington DUI convictions (or deferred prosecution) have 5 years of probation. In this case if there is one more court date it is strongly advised he remain compliant and not drink until probation ends and the case is closed. Law Firm of David N. Jolly http://www.washdui.com
Articles & Publications
The DUI Handbook For the Accused
WEBSITES & BLOGS
Blog: Law Firm of David N. Jolly
Marijuana DUI – There’s a Book for that! New Whatcom County Criminal Defense Website The Marijuana DUI Handbook – Soon to be Published Drive Smart on July 4th or Call a Snohomish County DUI Defense Attorney Your License Following an Arrest for DUI in Washington New Washington DUI Laws will require Strong DUI Defense Attorneys Washington DUI Laws Mukilteo Criminal Defense Attorneys Don’t be a Drunk Driving Statistic in Washington
Man exonerated after 23 years in prison dies at 55 http://usat.ly/1uxou0U via @USATODAY Be aware of the evil prosecutor! #defenseattorney— David Nelson Jolly (@WashDUI) 3.8 hours ago
RT @Fascinatingpics: One of the saddest things I've ever seen ???????? http://t.co/tpHicWlytm— David Nelson Jolly (@WashDUI) 18.9 hours ago
RT @Fascinatingpics: This is beautiful http://t.co/v1sfx5a3GD— David Nelson Jolly (@WashDUI) 2 days ago
RT @SnoCoSheriff: Golden retriever Checkers, a K9 SAR volunteer, went missing near Stanwood yesterday. Have you seen her? http://t.co/DFPb9sP62n— David Nelson Jolly (@WashDUI) 3 days ago
RT @Inc: How small, daily stresses take a toll on your health http://bit.ly/1qUT1GR @jillkrasny http://t.co/fR0Kdgf50s— David Nelson Jolly (@WashDUI) September 16, 2014
“@EntMagazine: So You're Being Audited. Now What? http://entm.ag/1qG0A5t by @jdroth”. Be afraid as the IRS has unbridled powers.— David Nelson Jolly (@WashDUI) September 16, 2014
“@Fascinatingpics: World class selfie http://t.co/fARqnMxTKM”. Um, no.— David Nelson Jolly (@WashDUI) September 12, 2014
Please check out my answer on @Avvo to: If I got a DUI for marijuana, and I don't pass the drug and alcohol... http://rpx.me/1/kgDv— David Nelson Jolly (@WashDUI) September 11, 2014
RT @mbrown5380: @WashDUI look at what I found in Port Townsend http://t.co/vjLKuVar0L— David Nelson Jolly (@WashDUI) September 8, 2014
“@mbrown5380: @WashDUI look at what I found in Port Townsend http://t.co/g1cmzStuzP” Fantastic! Thank you!— David Nelson Jolly (@WashDUI) September 8, 2014