Witt Law Group PS

03/29/2026

We're sure none of our clients would use chatgpt or claude to pose defense questions or strategy 😉 but, just in case, you should know where the law might be headed on the protection of those searches.

A fairly recent New York federal court in United States v. Heppner—a case of first impression—ruled that AI chats about defense (done by the defendant) are not protected, meaning they can be used by prosecutors. While it’s not Washington law, it might be a warning sign.

Here’s a real-world example:

You get charged with a DUI. You’re stressed, so you go online and ask AI a few questions.

“Can I beat a DUI if I refused the breath test?”
“How do I challenge field sobriety tests?”
“What if I only had 2 drinks?”

Feels harmless, right? And, if you aren't claiming to be 100% sober, those searches might not do too much damage.

The problem is that those questions can be saved. In some cases, prosecutors can get access to them.

Now imagine you go to court and you want your defense attorney to argue "Mr. John Doe wasn't drinking and, therefore, there was no way he could be impaired.” (Because that is what you told your lawyer. FYI your lawyer is never allowed to knowingly present false testimony or evidence.)

But what if the prosecutor wants to get a subpoena for your search history? And, your search history has queries like:

“If I had four beers and the cops got a warrant to take my blood, will that be over the limit?"
"What medical excuses could I use to explain alcohol in my blood?"
“Will refusing a breath test help me?”

The prosecutor might argue those are not searches of an innocent person. And, since they were not done by your attorney, they are not protected under attorney work product.

Are busy prosecutors in district courts likely to take this step? Perhaps not. Perhaps not yet. However, with a federal court coming out so clearly that those searches are discoverable, it is hard to say. Perhaps it is something a prosecutor would try at trial or for someone who has a high stakes case, such as multiple DUIs or a felony charge. At this point, it is hard to know.

The safest move is to only talk about your case with your lawyer. That conversation is protected.

Remember, if it’s about your case, don’t Google it, don’t post it, and don’t ask AI!

03/19/2026

IMPORTANT update for any client on a Deferred Prosecution.

Starting next month, the legislature is requiring "Probation" (usually the Clerk's office in most smaller cities/counties) to do monthly check-ins on individuals who have entered a Deferred Prosecution and have yet to complete their two years of treatment (the monthly check-ins will be required until treatment is complete and not for the entire five years).

This is IN ADDITION to your treatment agency providing monthly compliance reports.

So far, we have not received any notice from Thurston and surrounding municipalities regarding what their process and questions will be. However, Kitsap has emailed us and indicated the "meeting" will involve answering questions from their office. If you fail to respond to the monthly email, you will be found in violation. Additionally, the Prosecutor's Office has indicated to Probation that they will file Motions to Revoke for anyone found in violation for failing to comply with monthly check-in emails.

Make sure you have an up to date email address with Probation! Additionally, do not let your email get full so there is a bounce back. You need to be responding EVERY month. If in doubt, you can call probation and make sure they have a correct email address. If you never provided an email address, expect a letter in the mail (assuming you kept your contact info accurate with probation, as required) asking you to provide an email address. If there is no way for you to check emails, you will be required to do your monthly check-ins in person.

Finally, here is the email format provided to us by Kitsap County Probation:


For your monthly mandatory Probation appointment please answer the following questions-


Do you have any updated contact information?
Have you attended all scheduled counseling or treatment sessions?
Are you actively attending AA or self-help recovery meetings?
Did you miss any random UA tests?
Have you been able to remain abstinent?
Have you been arrested or cited for any new offenses?
Is there anything you need from Probation?


You must respond to the above questions before your check in date or you will be considered out of compliance, which may result in a violation report.

01/28/2026

Oh brother! The scammers aren't taking a day off!

Today, we had a call regarding a common scam that involves an accusation of missing jury duty, including federal grand jury service. The caller typically warns you that a warrant has been issued for your arrest. Conveniently, the caller can "help you out" by taking a large payment that will buy your way out of trouble.

These calls are on the increase so please warn your friends!

We've known some pretty smart and savvy folks get scammed. The callers tend to know several important facts about you (some even have your social security number) and sound very professional. Since busy folks believe it's possible that they missed their jury notice, they get suckered into thinking the accusation might be true.

IMPORTANT: The courts will NEVER call and ask for money. If there is an issue with any court, the correspondence will come via mail to your last known address (keep your mailing address up to date with DOL!)

When in doubt, call the court clerk's office where you think there is an issue or if you believe a warrant was issued and ask for clarification.

Also, the Federal District Court for Western Washington has recently posted information regarding these scams. They are suggesting you report the call to your local FBI office.
https://www.wawd.uscourts.gov/news/alert-court-and-jury-scams #:~:text=Warrant%20for%20Arrest,make%20any%20payments%20to%20them.

01/28/2026

Thanks to a quick thinking person, who called us in the middle of a scam call, Ryan was patched into the call and ruined the scammer's plan.

It was pretty easy for Ryan to tell the guy was a scammer but it is understandable that individuals with no experience in the criminal justice system could get fooled. The person was very assertive and confrontational when Ryan began asking questions (since we know the deputies' names, it was pretty easy to tell this guy was a fake).

The scammer identified himself as Deputy Pat Garrett, a deputy with Kitsap County Pretrial Services. He claimed that, if he was paid money, the deputy could get out a certain incarcerated person on an "ankle monitor," take 4 classes, and then the criminal charge would go away. The price was $250 for an ankle monitor and $1700 for a monitoring watch. Conveniently, the person would take the money through Zelle or Venmo. 🤦‍♀️

We assume the scammers are getting the phone numbers by searching the daily jail roster and then doing a search for relatives. In several cases, they have called inmates' family members throughout the country, trying to collect money from more than one family member.

FYI You will NEVER get a call from law enforcement or the court asking for money or offering to "make a case go away." We realize this is tempting - particularly if your loved one is in jail. However, it is 100% a scam. You aren't getting your loved one out this way but you will lose a lot of money.

12/24/2025

For Christmas Eve, we will be clocking out around 2:00. However, for any urgent/emergency issues, you can still reach us this evening and tomorrow via phone (office calls will be routed to our cells). We will be back to regular business on Friday.

We wish you all a safe and happy holiday!

12/19/2025

Washington’s New Public-Defense Caseload Limits: What This Means for Cases in 2026

Washington is entering a major transition in its criminal-defense system. Starting in 2026, public defenders will be capped at 47 felony-case credits and 120 misdemeanor-case credits per year.

These changes are designed to improve defense quality in the long run—but the transition period will be rocky.

WHAT TO EXPECT Over the Next Two Years (or 10...as counties are allowed 10 years to meet the new guidelines)

#1 If you financially qualify for a public defender, you still may not get a public defender right away.

Many counties, including Kitsap and Thurston, simply don’t have enough attorneys to meet the new standards. Some offices have reported needing double or triple the number of lawyers just to comply. Until staffing catches up, expect delays in appointments—especially in misdemeanor cases.

#2 Misdemeanor charges may be delayed, paused, or filed unexpectedly.

With limited attorney availability, counties are likely to prioritize felonies. That means you could be arrested, released, and then not charged for many months.

PRO TIP: If you move or are deployed, make sure someone is watching your Washington mail. If you miss your Arraignment, you will start the case with a warrant.

Prosecutors may dismiss and later re-file charges to toll the statute of limitations. For most misdemeanors, the statute of limitations is two years, meaning the uncertainty could last quite a while.

PRO TIP: You may not know when charges are coming.
Keep your address and contact info updated—even if you don’t plan on using public defense—because charging notices will go to your last known address.

#3 So where does private defense fit in?

While public defenders are dedicated, skilled, and essential, the next few years will be a transition marked by shortages, delayed assignments, and charging unpredictability. This doesn’t mean you must hire private counsel—but it does mean:

Private defense offers more stability during a system-wide period of uncertainty. You know exactly who your lawyer is and when the work begins. You aren’t dependent on county staffing shortages or caseload caps.

PRO TIP: If you’re under investigation, have been arrested, or are worried about a possible delayed charge, Witt Law Group monitors cases and, when appropriate, intervenes early—sometimes before charges are even filed.

If you want to know more about our monitoring services, give our office a call.

12/11/2025

Missing a Court Date Could Mean a Warrant!

This often happens when the court doesn’t have your correct contact information or your lawyer can’t reach you due to emails bouncing back or voicemails are full.

Why happens?

If you miss a scheduled hearing, the court can issue a warrant — even if you had no idea a date was set. Once a warrant is issued, resolving your case becomes much more complicated.

How to protect yourself:

Always check your mail, email, and voicemails daily for notices from the court or your attorney.

Make sure your voicemail is set up and not full.

Keep your current address and phone number updated with both the court (and DOL, if applicable) and your lawyer.

Even a small oversight can have serious consequences. Staying proactive helps you avoid a warrant and keeps your case on track.

12/07/2025

Updating your health insurance before the December 15th deadline? Don’t forget your AUTO POLICY, too!

With 1 in 5 Washington drivers uninsured or underinsured, even if YOU do everything right, you could still end up paying for injuries someone else causes!

For example:

If your medical bills exceed the other driver’s low policy limits — and without solid UIM coverage, YOU are responsible for the rest.

If the at-fault driver has no insurance at all, YOUR insurance will be the only coverage to cover medical bills and out of pocket expenses.

If you miss work after the crash, but the other driver’s minimal policy isn't enough to cover your lost wages, YOU will miss critical income.

If your vehicle is totaled, but the at-fault driver is uninsured, you will have to rely on YOUR coverage to (hopefully) get fair value.

If the uninsured driver didn't have enough money to pay for insurance, even if you sue them, it's unlikely you will get any money coming your way. Your compensation will only come from YOUR insurance.

So, before the new year hits, take a minute to review your auto policy and make sure your Uninsured/Underinsured Motorist (UIM) coverage is high enough to protect you and your family.

A small change TODAY can save you from a huge financial headache later.

If you don't have a trusted auto insurance agent, we do know some great folks in the community! (FYI no financial incentive for us...they're just very helpful. 🙂)

11/27/2025

On this holiday, we are incredibly thankful for our past and present clients. We feel such gratitude that you choose us for your legal services. It truly is a privilege!

We wish you all a safe and joyful day and holiday season!

11/11/2025

07/14/2025

As I spent the past two weekends watching hours and hours of body cam footage to compare with the written DUI reports, I continue to see something that is troubling. During a DUI arrest, the officer will read several important documents to you (typically at the station prior to the BAC test) in a way that I think "legally" completes the task but avoids the real intent of the requirement.

One of the documents, titled Washington State DUI Arrest Report Constitutional Rights, is frequently read like the officer's hair is on fire. Speed reading on steroids. Half of the time, I can't even track and I have it memorized!

What troubles me is that the DOL hearings examiners will find that, as long as it is read accurately, there are no issues. In reality, the person being arrested cannot track the speed reading of their Constitutional Rights. They do not exercise their rights because they did not track what was read to them.

The "subject's signature" is then required in two locations (officer's typically write "cuffed" on this line and sign for the arrested individual). The first signature line is below the "I have read or have had read to me the above explanations of my constitutional rights and I understand these rights." (good luck "understanding" these rights) And, again, under the "I understand my constitutional rights. I have decided not to exercise these rights at this time. Any statements made by me are made freely, voluntarily, and without threats or promises of any kind."

This is where I see the most confusion and errors committed by "the subject." On many occasions, it is clear to me in body cam footage that the person being arrested is confused. They are unsure if "exercising their rights" means they are going to be in more trouble. In one video, an officer was talking about "refusing" and losing your license for a year just a few minutes before reading the Constitutional Rights page. Unfortunately, his paraphrasing of the law was wrong but it also confused the subject as to whether he could exercise his rights or whether it would be a refusal.

Your CONSTITUTIONAL RIGHTS are read to you for a reason! Use them. Get advice about the ACTUAL consequences for refusing or not refusing the BAC. Understand that you CAN perform the BAC and still exercise your right to remain silent!

So, when it comes to that awkward 15 minute observation period between the mouth check and the BAC test, where the officer asks you approximately 35 questions, you do NOT need to assist in convicting yourself (this is so important for those of you who have BACs well below the 0.08 limit are still being arrested/prosecuted for DUI). If you choose to remain silent for the interview (something we always tell our clients who call during the investigation period) and yet still perform the BAC test, this is NOT a refusal.

If you are ever being detained (or unsure if you are), always RESPECTFULLY ask "Am I free to go?" If the answer is no, it is time to exercise your rights. This does not mean "debate club" on the side of the road. It means ask to speak to a lawyer and then stop talking. You will never talk your way out of a situation where an officer is intent on arresting you. We've watched hundreds of attempts to do so on body cam. It doesn't work. So, seriously, stop talking!