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Jurisdictions Admitted to Practice
U.S. Supreme Court
Founder and Senior Partner
Lustick, Kaiman & Madrone, PLLC
Jeffrey is the founder and senior partner of Lustick, Kaiman & Madrone, PLLC where his law practice focuses on felony and misdemeanor defense, DUI and traffic law, aviation law, & military law. He began his legal career in the Air Force in 1997, where he served as a military prosecutor and circuit defense counsel and, later, as a Special Assistant U.S. Attorney. After leaving active duty, he was the Lead Prosecutor for the City of Bellingham until entering private practice in 2004. Jeffrey was elected President of the Whatcom County Bar Assn in 2006 after serving as an officer for 4 years. He was also President of the Baker Creek Estates Neighborhood Assn in North Bellingham where he helped draft the City of Bellingham’s annexation plans for the area, worked to establish safety and security programs, and founded a neighborhood block watch. Jeffrey is a legal news consultant, on-air contributor, and fill-in talk show host for KGMI AM-790 in Bellingham. He also frequently provides legal commentary for news stories on television stations KIRO-7, KING-5 & KOMO-4 in Seattle. He has also appeared as a legal consultant and on-air guest for TruTV (formerly Court TV) in Manhattan, N.Y. He is a member of the AOPA Legal Plan Attorney’s Panel, the Washington Pilot’s Association, the Experimental Aircraft Association, the Civil Air Patrol, the American Legion, and a former member of the Washington Air National Guard. A pilot since the age of 17, Jeffery has more than 2,500 hours of flight experience in Cessna and Piper aircraft.
Staff Judge Advocate
Washington Air National Guard
Highest rank achieved: Major/O-4. Military honors and decorations received include: Meritorious Service Medal, (1 OLC), Air Force Commendation Medal (3 OLC), Air Force Achievement Medal, National Defense Service Medal, Global War on Terror Service Medal, Volunteer Service Medal (with device), Air Force Expeditionary Service Ribbon (non-Combat Award), Armed Forces Reserve Medal with Mobility Device, and Air Force Small Arms Marksman Ribbon
Lead Criminal Prosecutor
City of Bellingham
Served as lead attorney and manager for a five-member unit of the Bellingham City Attorney's Office. Directly responsible for prosecution over 1,500 municipal misdemeanor and traffic offense cases each year. Regularly conducted contested jury trials, bench trials, pretrial motion hearings, and plea hearings on behalf the city. Provided management and oversight to two Assistant City Prosecutors and office staff. Advised police officers on search warrants and legal tactics to enhance prosecution of criminal offenses in the municipal court. Was an active member of the Washington State Association of Municipal Attorneys.
Military Prosecutor; Defense Counsel; Staff Judge Advocate
U.S. Air Force Judge Advocate General Corps
Military Criminal Justice: Practiced as one of five base-level prosecutors trying Air Force members accused of violating the Uniform Code of Military Justice. Areas of pretrial practice included investigation, research, and drafting of charges. Handled all phases of trial, from preliminary hearing through trial and sentencing proceedings. Chief of Operations Law: Served as primary legal adviser to Operations Group and Squadron Commanders for rules of engagement, law of war, international treaties, status of forces agreements, and other operational and contingent military operations. Supervised and provided legal guidance for unit compliance inspections, and regularly provided training and orientation to base personnel who were delaying for wartime operations.
A: You can file an impound appeal, but you have to act fast. The law imposes a ten day limit in which you have to file your appeal in the local district or municipal court where the unlawful impound occurred. If you do not file within the ten days, you are barred from pursuing it. Most jurisdictions require the payment of a filing fee to get a hearing. At the appeal hearing, which is held in a court room in front of a hearing examiner or a judge, you and your witnesses, if any, may present evidence as to why the towing of your vehicle was improper. Under state law, towing and storage fees must be posted at the business location of the towing company. The court will not let you challenge the fee amount if it is the same as the posted rates. At the end of the hearing, the court will determine if the legal basis for the actual impound and also if the fees were proper.
If the court decides the impound was proper, you will have to pay the towing, storage and court costs. But if the court decides that the towing of your vehicle was improper, you will not have to pay any towing and storage fees. They will have to return all such fees you have already paid. The court will then order that the person or agency authorizing the impoundment owes you for the filing fees paid and reasonable damages for loss of the use of your vehicle.
A: Unless he got arrested for some reason other that you do not know about, his arrest for violating an order of protection that has been rescinded could be a false arrest. This happens very rarely, but sometimes the court will not get the paperwork showing that the judge rescinded the order into the police records system fast enough. Usually when a court rescinds the order, it can take up to 24 hours for the paperwork to hit the system. This is why I always tell my clients to carry with them a copy of the court order signed by the judge. So if it's correct that he was arrested for violating the order which actually was rescinded, he should not be facing any charges. Furthermore, depending on the circumstances, he may have a claim for false arrest against the police and the court. We once settled a pretty high dollar value claim for a guy who was arrested for allegedly violating a no-contact order which had be rescinded three days before. As the police were hauling him off to jail, he kept telling him that the order had been dropped, but the cops just laughed at him. But because we sued the county, itt was the client who got the last laugh.
A: No, unfortunately there is no way to legally transfer the venue of your criminal case to another state. You will need to come back to Washington State after you have moved to Hawaii to appear in court and get the case resolved. And on top of that, depending on the court and the policies for pretrial release in that court, you may even need permission to move away.