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Restoring Gun Rights & Vacating Convictions

We handle criminal cases, including felonies, and firearms law. We can also help get some convictions vacated:

INSTRUCTIONS FOR VACATING MISDEMEANOR AND GROSS MISDEMEANOR CONVICTIONS

Washington law permits vacating some misdemeanor or gross misdemeanor convictions.

When the court vacates a conviction, you are released from penalties and disabilities resulting from the offense- but not from the prohibition against possessing firearms.

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Expungement of Convictions, Gun Rights & Criminal Defense in Spokane, Washington

Restoration of Gun Rights.

As a Spokane Criminal Defense attorney, Mark Knapp often gets calls regarding restoration of gun rights, expungement and the right to possess firearms under Washington state law. In Washington state, expungement does not restore the right to possess firearms. A Petition to Restore the Right to Possess Firearms is the procedure that is required pursuant to RCW 9.41.040.

Washington State Firearms Attorney.

We have been focused on gun rights for the last fifteen years. With 32 years of practicing law, we know how to navigate the many pitfalls and potential problems that arise in the process of restoring gun rights. Although some situations seem simple, it is best to have an attorney handling your case that focuses on firearms issues and restoration of gun rights. Continue reading “Expungement of Convictions, Gun Rights & Criminal Defense in Spokane, Washington”

Criminal Assault Laws, Self-Defense & Display of a Weapon With Intent to Intimidate

Display With Intent to Intimidate. The Spokane area Law Office of Mark Knapp PLLC handles many kinds of criminal defense cases. Many present issues of self-defense. The ability to claim self-defense depends on whether there is an imminent threat of death or grave bodily harm. The issue of self-defense often arises when a weapon is displayed during a road rage incident or some altercation.

The Washington State Legislature enacted RCW 9.41.270, the Display With Intent to Intimidate law, in 1969. The statute prohibits display of a weapon in “a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.” Continue reading “Criminal Assault Laws, Self-Defense & Display of a Weapon With Intent to Intimidate”

Physical Control of a Vehicle & DUI Defense in Spokane, Washington

Physical Control and DUI in Washington State. What is the difference between a charge of Physical Control of Vehicle and DUI in Washington state? The State needs to prove that you were driving while impaired in a DUI case. However, the Prosecutor does not need to prove you were driving or even behind the wheel in a Physical Control case. Although in either case the Prosecutor has to prove you are impaired by alcohol and/or drugs, he only has to show that you were in control of the vehicle. Depending on the circumstances, that can mean being outside the vehicle with the keys in your hand while you are impaired. Additionally, a criminal defense attorney will explain that even if you have not reached the statutory ,08 BAC level, you can still be convicted of DUI- provided that the Prosecutor can convince the judge or jury that you are impaired.

Results of BAC Tests. Even with a low BAC or no breath test, the officer will describe your condition with details that may help to convict you. Law Enforcement Officers are trained to testify in a manner that is most likely to convince a judge or a jury that you were driving while impaired. If there is .08 BAC, the court will instruct the jury to presume you were impaired and the defense attorney now has to show that the Breathalyzer machine was not functioning properly or that the test was not administered according to proper procedures.

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Need Washington State Domestic Violence Lawyer in Spokane County?


Charged With a Domestic Violence Offense. Things can often get out of control when family members are involved. We are a Spokane area criminal defense firm.  If you are ever charged with Domestic Violence, there are a number of issues that usually come into play. When the police arrive, usually because someone called 911, they will separate the witnesses and ask what happened. If the police hear different stories, they will often assume that the woman is lying to keep her husband or boyfriend from getting in trouble.

Right to Remain Silent. The best thing to do is to remain silent. If you or another family member say something that sounds likely that an assault occurred, a threat was made or community property broken, someone is probably going to get booked into jail. If it looks like there is probable cause to believe two people committed domestic violence, the male is usually the one that gets booked.

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Vaccination Mandates & Religious Discrimination

Our nation is standing on the edge of a crisis that involves several related factors. Many potential workers are staying out of the workforce. Shortages and backlogs of many goods and services are appearing. Notwithstanding Southwest’s representations to the public, the recent cancellations of Southwest Airlines flights might be a symptom of management problems. The fact that Southwest recently implemented pending OSHA Emergency Temporary Standards (ETS) indicates that many American workers may already be walking off the job and work stoppages seem imminent- even as the Biden Administration requests that Walmart and certain transportation and shipping services require their shorthanded crews work 24/7 to make room for ships and warehouses to unload goods. The work stoppages might be a harbinger of a profound new epidemic already being labeled Freedom Flu.

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Spokane Criminal Defense Lawyer

We have been representing clients in criminal defense matters across Washington state for almost 30 years. These include many domestic violence cases. We have also been representing clients in Spokane cases over the course of many years.  So why should you retain the Law Office of Mark Knapp PLLC to represent you?

Mark S. Knapp

Initial Consultation. A criminal defense lawyer, Mark Knapp, will answer all your phone calls immediately. That means you will be talking to the attorney, not a receptionist. In most non-felony cases , we charge a flat-fee retainer to appear which includes attending the Arraignment and the Pretrial Conferences. If trial preparation becomes necessary, there will also be an additional Trial Retainer. Felonies can be more expensive.

Arraignment. If you retain a criminal defense lawyer before the Arraignment, we can often waive arraignment so that you will not need to attend. If you must go to the Arraignment without representation, you will normally plead not guilty and bail is often discussed. Even if you have already been released on personal recognizance or have already posted bail, you should have counsel when you appear for the Arraignment. There are situations where the judge might order a new bail bond.  This situation results from a violation of your terms of release. Examples are getting a new DUI right after you are released from jail on another DUI. Or attempting to contact a victim where there is a No Contact Order.

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The Lochner Era in Supreme Court History

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Prepare.
Preparation, then action!

What is Substantive Due Process?

Constitutional law recognizes fundamental principles which are ordained by our Creator. Restoration of gun rights is based on statutory laws of each state and the federal government. Nevertheless, the U.S. and state Constitutions recognize that possession of firearms is fundamental to a well ordered system of liberty.

There was a time, however, in the early 1900s when the U.S. Supreme Court only applied the Bill of Rights to state & municipal governments in order to restrict the Progressive agenda.

Constitutional Law during the Lochner era. From 1897 through 1937, the U.S. Supreme Court ruled on a number of cases involving economic issues where the court  struck down state regulations that restricted business owners. Child labor laws and minimum wage laws, for example, were held to violate the freedom of contract, a liberty interest under the 14th Amendment. The 14th Amendment guarantees life, liberty and property and requires due process under the law before state governments can invade such interests. At one time, the Court  consistently held that the 14th Amendment only guaranteed fundamentally fair procedural safeguards. Over the course of time, the Lochner era cases developed the concept of freedom of contract as a substantive liberty interest under the U.S.Constitution

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Spokane Criminal Defense Law Firm

Criminal Defense. A big component of our Spokane area criminal defense practice is dedicated to restoring the right to own firearms. Up until a few years ago, the NICS did not recognize restoration of rights for non-felony domestic violence convictions entered in Washington state. With many Domestic Violence (DV) convictions, a person is still prohibited by Washington state law from possessing firearms under RCW 9.41.040 (2)(a)(i).

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Domestic Violence. The Domestic Violence convictions that prohibit possession of firearms under Washington state law are the following crimes when committed by one family or household member against another, after July 1, 1993: Assault in the fourth degree, coercion, stalking, reckless endangerment, criminal trespass in the first degree, or violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from a residence. Continue reading “Spokane Criminal Defense Law Firm”

Armed Defense Training Association

Gun News – ADTA Article

The Washington Arms Collectors featured the Armed Defense Training Association in the October, 2016 edition of the GunNews.  We asked the author, Ed Streit, the current ADTA President and a founding member of the citizen self-defense group, to send us the article.  The Action Training Group, Inc. in Eastern Washington and North Idaho follows the model created several years ago when the ADTA founders, including Spokane-area criminal defense lawyer, Mark Knapp, first started exploring ways to create a gun range in Federal Way, Washington.  The following is the complete article from the GunNews.

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The Time to Stop the Carnage is Now; Enforcing Washington State’s Firearms Preemption Law

Advocates for Change. The Law Office of Mark Knapp PLLC has persuaded many municipalities to make municipal laws and policies compliant with Washington State’s Firearms Preemption law.  Thus, state, municipal, and private institutions are discussing whether to change their policies. There is increasing recognition that armed citizens can help stop random violence. Throughout these institutions there is also a tendency not to discuss the issue publicly. Some will not discuss the issue at all. We all need to bring pressure to bear to call attention to state and municipal organizations that interpret laws in ways that violate plain legislative intent and endanger the public.

Statistics Can Prove Anything. However, many articles have now been written by security experts, public safety professionals, economists, doctors and Second Amendment advocates. Most of the discussions only generate massive statistics that confirm whatever you want to believe. Nevertheless, the Spokane Public Facilities District that operates the Spokane Arena, Performing Arts Center (Opera House) and the Convention Center in Spokane has made up its mind that it will continue violating the plain language of Washington state law. Apparently they intend to do so until it is forced to change its policy of prohibiting concealed carry permit holders on its premises.

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