Make Hay with this Bail

May 3rd, 2016

When a suspect has been charged with a crime, prosecutors often ask the court to impose bail. What is bail you ask? In simple terms, bail is the collateral pledged to the court so as to persuade the presiding judge to release the person from custody while his case is pending – otherwise, he is just sitting behind bars until his case is resolved, which could be months or in some extreme instances even years.

When bail is posted, the court releases the defendant on the understanding that he will return for all of his hearings or the bail posted will be forfeited. In essence, bail is simply a tool that the court uses to assure that the defendant doesn’t walk away or conveniently disappear. If bail is posted by the defendant or his family and/or friend’s, the bail will be returned at the end of the case so long as the defendant attends all of his court appearances, regardless of whether he was found guilty, or not. If a bondsman is used, however, the payment for the bond is, in essence, the fee for the insurance policy purchased and is not refundable – it is, in other words, a sunk cost.

The amount of bail required to get out of jail can vary and is often case dependent. The setting of the bail amount depends in large part on the seriousness of the crime, the defendant’s criminal history, and whether the court thinks the defendant is a danger to the community or a flight risk. Luckily, in many cases the court is not worried about a defendant absconding, and thus will let the defendant go on his own ‘personal recognizance’. In court vernacular this is called PR’ing the defendant.

There are both positives and negatives about our bail system. Bail affords a defendant the opportunity to get out of jail while his case is pending; it allows a person to continue working, care for his family, hire and work with an attorney and pay bills. Many people, however, are simply not able to post bail, and this can be utterly devastating on a number of levels, inclusive of some defendants even being forced to plead to crimes they did not commit so as to get out of jail sooner, not lose their job, their house or even their family. Sadly, this is a disappointing testament to the problems of our bail system in that many people have little choice but to take the second option. That said, at least bail provides some defendants an opportunity to carry on with their lives while charged with a crime.

If you or a loved one is charged with a crime you should immediately seek the advice and/or assistance of a qualified Seattle criminal defense attorney. The Seattle Criminal Defense Attorneys that make up the criminal defense team of SQ Attorneys are highly qualified and reputable Seattle criminal defense lawyers that are dedicated to providing top notch, aggressive representation for those arrested for crime all across Western Washington and the Greater Puget Sound region. The team creates success by working with law enforcement and the prosecuting attorney’s office to ensure that all facts and circumstances related to the criminal allegations are considered in creating the fairest, most equitable and just resolution possible in light of all the surrounding circumstances of the given case. So, whether you are charged with misdemeanor, gross misdemeanor or a felony, protect yourself … call SQ Attorneys at (206) 441-0900.

DV stands for ‘Domestic Violence’

April 25th, 2016

In criminal law, the initials “DV” stand for ‘Domestic Violence’. DV is a moniker or, in essence, a ‘tag’ that is linked to certain delineated crimes wherein the parties involved are alleged to have a familial or dating relationship. Revised Code of Washington (‘RCW’) 10.99.020 lays out the actual definition of what constitutes a DV crime in Washington State. RCW 10.99.020 states, in part:

‘“Domestic violence” includes but is not limited to any of the following crimes when committed by one family or household member against another: (a) Assault in the first degree (RCW 9A.36.011); (b) Assault in the second degree (RCW 9A.36.021); (c) Assault in the third degree (RCW 9A.36.031); (d) Assault in the fourth degree (RCW 9A.36.041); (e) Drive-by shooting (RCW 9A.36.045); (f) Reckless endangerment (RCW 9A.36.050); (g) Coercion (RCW 9A.36.070); (h) Burglary in the first degree (RCW 9A.52.020); (i) Burglary in the second degree (RCW 9A.52.030); (j) Criminal trespass in the first degree (RCW 9A.52.070); (k) Criminal trespass in the second degree (RCW 9A.52.080); (l) Malicious mischief in the first degree (RCW 9A.48.070); (m) Malicious mischief in the second degree (RCW 9A.48.080); (n) Malicious mischief in the third degree (RCW 9A.48.090); (o) Kidnapping in the first degree (RCW 9A.40.020); (p) Kidnapping in the second degree (RCW 9A.40.030); (q) Unlawful imprisonment (RCW 9A.40.040); (r) Violation of the provisions of a restraining order, no-contact order, or protection order restraining or enjoining the person or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.44.063, 26.44.150, 26.50.060, 26.50.070, 26.50.130, 26.52.070, or 74.34.145); (s) Rape in the first degree (RCW 9A.44.040); (t) Rape in the second degree (RCW 9A.44.050); (u) Residential burglary (RCW 9A.52.025); (v) Stalking (RCW 9A.46.110); and (w) Interference with the reporting of domestic violence (RCW 9A.36.150).

“Family or household members” means spouses, domestic partners, former spouses, former domestic partners, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.

“Dating relationship” means a social relationship of a romantic nature. Factors that the court may consider in making this determination include: (a) The length of time the relationship has existed; (b) the nature of the relationship; and (c) the frequency of interaction between the parties.’

DV crimes in Washington State (and throughout the country) are taken very seriously by our criminal justice system. Sadly, what often starts out as a simple 911 call in the midst of a heated argument spirals out of control and leads to life shattering consequences upon law enforcement’s arrival on the scene. This is so because in Washington State, law enforcement is mandated to make an arrest if summoned to a DV related crime, no matter how insignificant the matter may seem at the time. There is absolutely no discretion to arrest, the law mandates it. Because of this, families often suffer greatly and relationships become challenged. Regardless, prosecutors generally don’t care too much, and are actually loathe to simply dismiss a case or ‘make it go away’, much to the parties dismay.

In light of the foregoing, it is infinitely important to immediately contact and hire a Seattle domestic violence attorney if faced with a DV related charge. The Seattle domestic violence attorneys that make up the criminal defense team of SQ Attorneys are highly qualified and reputable Seattle domestic violence lawyers that are dedicated to providing top notch, aggressive representation for those arrested for crime all across Western Washington and the Greater Puget Sound region. The team creates success by working with law enforcement and the prosecuting attorney’s office to ensure that all facts and circumstances related to the criminal allegations are considered in creating the fairest, most equitable and just resolution possible in light of all the surrounding circumstances of the given case. So, whether cited for domestic violence related assault, malicious mischief, property destruction or some other crime, protect yourself … call SQ Attorneys immediately at 206.441.0900.

IID by Law

April 19th, 2016

Any Washington State DUI attorney will tell you that if you are convicted of DUI the law requires that you maintain an ignition interlock device (IID) on your car for a period of at least one year upon eligibility to reinstate your driving privilege. What some may neglect to tell you, however, is that in order to get reinstated, the IID must be maintained for the last four months of the one year period without any positive readings of .025 or greater. If there is a positive reading of .025 or greater, the 4-month period will keep extending itself.

In essence, you will not be permitted to get rid of the IID until you have successfully complied with the four continuous month requirement. This is important to note because some folks think they can simply not drive for a year and thus avoid the IID requirement all together. Unfortunately, this simply is not so. The Department of Licensing (DOL) will not permit a person to get re-licensed until it has been assured that the person literally has no prior IID readings of .025 for the last four months of the one year requirement. In short, (1) folks are required to maintain an IID for at least four consecutive months, and (2) there must be no readings on the device of a .025 or greater during such period. It’s a crazy policy, but that’s the Legislature and the DOL for you, go figure.

If you, or a loved one, have been arrested and cited for DUI in Washington State you should immediately seek the assistance of a Seattle DUI lawyer. A qualified and respected Seattle DUI attorney, among other things, can quite possibly save a person thousands of dollars in court and insurance fees, extent of loss of privilege to drive and amount of jail time to be served. Washington traffic laws are far too complicated for any ol’ attorney to handle. Be smart … hire a qualified and skilled Seattle DUI attorney when arrested for an alcohol and/or a drug related DUI in Washington State.

I Claim, You Claim, We all Claim – Self Defense!

April 12th, 2016

In Washington, if someone is charged with the crime of assault (domestic violence related or otherwise), he may have the right to allege that he acted in ‘self-defense’. To be applicable, however, a self-defense claim requires that the Defendant prove that: (1) he had a fear of imminent danger of bodily harm; (2) that the subjective fear was objectively reasonable; and (3) he exercised no more force than was reasonably necessary to thwart the danger he faced. Interestingly, evidence of a victim’s prior acts of violence known to the Defendant may be relevant to a claim of self-defense because it can reveal the Defendant’s ‘state-of-mind’ as well as indicate whether the Defendant had reason to fear bodily harm. A relatively recent Washington case, City of Tacoma v. Driscoll (Wash. Ct. App. Mar. 22, 2016), ruled that whether evidence of a prior act of violence was corroborated goes to the weight of the evidence, not its admissibility. This is a big win for the defense bar and Defendants alike.

In City of Tacoma v. Driscoll the Defendant argued that the lower court violated his right to present a defense when it excluded his testimony regarding two prior incidents of the victim attacking him. The Court of Appeals agreed with the Defendant, reversed the conviction, and ordered a new trial.

A synopsis of City of Tacoma v. Driscoll is as follows: A witness called police officers to a bus shelter after observing the Defendant kneeing the victim in the head. The Defendant told officers he had acted in self-defense. The defendant was subsequently charged with one count of fourth-degree assault involving domestic violence. At trial, the Defendant asserted his actions were done in self-defense, and he offered evidence of three prior incidents in which he alleged the victim had attacked him. One of the attacks resulted in the victim of Driscoll’s case being charged with second-degree assault; the other two attacks could not be corroborated by documentation or evidence other than the Defendant’s testimony. The trial court allowed the Defendant to present evidence of the first attack because it was documented, but excluded the other incidents. The Defendant appealed the ruling claiming his constitutional right to present a defense was denied when the trial court excluded his testimony regarding the two incidents. The Court of Appeals concluded that the evidence of the prior attacks on the Defendant was relevant because: (1) it had a tendency to make the fact that the Defendant subjectively feared the victim more likely than not, (2) excluding such evidence because it was uncorroborated would be improper, and (3) the prior attacks were not offered as character evidence against the victim, but for the permissible purpose of showing the Defendant’s state of mind at the time of the event giving rise to the charge of assault.

If you or a loved has been arrested for a domestic violence related crime in King County, Washington immediately contact a Seattle domestic violence attorney to protect your rights and interests. The Seattle domestic violence attorneys that make up the criminal defense team of SQ Attorneys are highly qualified and reputable Seattle domestic violence criminal defense lawyers that are dedicated to providing top notch, aggressive representation for those arrested for crime all across Western Washington and the Greater Puget Sound region. The team creates success by working with law enforcement and the prosecuting attorney’s office to ensure that all facts and circumstances related to the criminal allegations are considered in creating the fairest, most equitable and just resolution possible in light of all the surrounding circumstances of the given case. So, whether cited for domestic violence related assault, malicious mischief, property destruction or some other crime, protect yourself … call SQ Attorneys immediately at 206.441.0900.

Probation = Oversight

April 5th, 2016

Crime and punishment, they go hand and hand when a defendant is convicted in a court of law. As we all know, punishment can, and often does, include monetary fines and jail time; what some folks don’t quite understand, however, is that governmental oversight is also often part of the punitive mix. This oversight is called, ‘probation’.

Probation is a set of conditions that a defendant will have to abide by for possibly several years after his case is resolved. Conditions of probation are issued by the court that heard the person’s case, and violating probationary conditions will lead to more court proceedings and possibly more probationary conditions. What the probation requirements are will depend on a number of determining factors, to include what specific court heard the case. For instance, large courts often have a designated probation department, with a large staff and numerous probation officers. Smaller courts, on the other hand, often just have the court staff oversee probation requirements.

In domestic violence cases, the probation requirements can be extremely strict and can be broken down into two specific types of categories – affirmative conditions and prohibitive conditions. Affirmative conditions are things that folks must do in order to comply with their sentence. For example, in Seattle, one of the affirmative conditions the prosecutor often asks the court to impose is to have the defendant enter and complete a state-certified treatment program specializing in domestic violence. Other such affirmative conditions can include, but are not limited to, alcohol or drug counseling, parenting classes and victim’s panels. Contra to affirmative conditions is prohibitive conditions. Prohibitive conditions are those that dictate what a defendant can’t do. For example, prohibitive conditions often require a defendant to have no contact with people involved in the case, such as family members or the accuser, and not to commit certain crimes, like stalking or assault.

Often in domestic violence cases a probation officer is assigned to oversee the case, and court staff will periodically check in to make sure the defendant is following through with his probation requirements. Each probation officer, or member of the court staff, has their own way of overseeing a defendant’s probation progress. Some are lenient, and are willing to work with the defendant to ensure full compliance, and others are hard and will report a defendant for even the smallest probation violation, no matter how negligible or accidental the violation may be.

In dealing with the criminal court system over the past two decades, one thing has become crystal clear – probation can be one of the most frustrating aspects of our criminal justice system. This is so because defendants generally don’t like being ‘watched over,’ and contrarily the courts don’t trust that defendants can function without appropriate oversight, go figure.

if you or a loved has been arrested for a domestic violence related crime in King County, Washington immediately contact a Seattle domestic violence attorney to protect your rights and interests. The Seattle domestic violence attorneys that make up the criminal defense team of SQ Attorneys are highly qualified and reputable Seattle domestic violence criminal defense lawyers that are dedicated to providing top notch, aggressive representation for those arrested for crime all across Western Washington and the Greater Puget Sound region. The team creates success by working with law enforcement and the prosecuting attorney’s office to ensure that all facts and circumstances related to the criminal allegations are considered in creating the fairest, most equitable and just resolution possible in light of all the surrounding circumstances of the given case. So, whether cited for domestic violence related malicious mischief, assault, property destruction or some other crime, protect yourself … call SQ Attorneys immediately.

Drive Studless, its the Law

April 1st, 2016

Spring has arrived … the dark days of Winter are in our rearview mirrors. And with the passing of Winter so go studded tires. Yesterday was the last day for Washington drivers to remove their studded tires or face an expensive ticket from one of our local law enforcement agents. In previous years, due to inclement weather, the Washington Department of Transportation has extended the deadline for removal of studded tires. Not so this year. Transportation crews will be monitoring our roadways for studded tire scoff-laws. Anyone with studded tires will be cited. This law applies to all drivers, including visitors. So, ensure family and loved ones from out-of-state visiting don’t cross our borders with the dreaded studded tires.

If you or a loved one is cited for a traffic infraction you should immediately seek the advice and/or assistance of a qualified Seattle criminal defense attorney. The Seattle Criminal Defense Attorneys that make up the criminal defense team of SQ Attorneys are highly qualified and reputable Seattle criminal defense lawyers that are dedicated to providing top notch, aggressive representation for those arrested for crime all across Western Washington and the Greater Puget Sound region. The team creates success by working with law enforcement and the prosecuting attorney’s office to ensure that all facts and circumstances related to the criminal allegations are considered in creating the fairest, most equitable and just resolution possible in light of all the surrounding circumstances of the given case. So, whether cited for a studded tire violation or some other traffic violation, protect yourself … call SQ Attorneys immediately.

Protected by the First Amendment

March 25th, 2016

Our First Amendment can trump perceived criminal conduct, at least that is what one Washington State appeals court has recently ruled. The sordid facts of the case are as follows:

A Bellingham High School student took to Twitter to express her anger toward a classmate. Referring to an incident that occurred between the two in 2011, the girl tweeted for all to see: “[To be honest], I still want to punch you in the throat even tho[ugh] it was 2 years ago.” She followed it up with another message that was simply a hashtag of her rival’s name followed by “must die.” The next day the targeted girl was made aware of the texts by another student, and reported the messages to school authorities anyway even though she wasn’t herself ‘scared’. The Twitterer was, in due course, criminally charged with, and subsequently convicted of, cyber-stalking; she appealed the verdict.

On its face the language used seems pretty darn scary, right? After all, that language surely seems threatening. And that obviously is why charges were filed against the student. At any rate, upon appeal, the Washington Court of Appeals Division One examined the applicable statute. The appeals court focused on two specific issues in this particular case: (1) the fact that the “victim” readily admitted that she didn’t take the tweets as a true threat; and (2) the fact that the defendant testified that she and her friends regularly used Twitter as, in essence, an online diary, wherein they frequently expressed their “thoughts, reactions, feelings, and more.” In other words, the girl was just speaking her mind on social media instead of actually threatening harm upon the other girl. In light of these factors, the esteemed appellate court overturned the girl’s cyber-stalking conviction and dismissed the case. So … as can be seen by this ruling, the First Amendment trumped what some may see as criminal behavior; thought communication, although mean-spirited and hateful, is not the same as a direct threat if the recipient doesn’t actually take it as such.

If you or a loved has been arrested or charged with a domestic violence related crime in Washington State immediately contact a Seattle criminal defense attorney to protect your rights and interests. The Seattle criminal defense attorneys that make up the criminal defense team of SQ Attorneys are highly qualified and reputable Seattle criminal defense lawyers that are dedicated to providing top notch, aggressive representation for those arrested for crime all across Western Washington and the Greater Puget Sound region. The team creates success by working with law enforcement and the prosecuting attorney’s office to ensure that all facts and circumstances related to the criminal allegations are considered in creating the fairest, most equitable and just resolution possible in light of all the surrounding circumstances of the given case. So, whether cited for cyber-stalking, DUI, domestic violence, malicious mischief, assault, property destruction or some other crime, protect yourself … call SQ Attorneys immediately.

Transparency is Bliss

March 9th, 2016

On March 8, 2016, the Washington Legislature passed a bill to keep police body-camera video footage available to the public, which is a good thing considering the current public outcry for law enforcement ‘transparency’. House Bill 2362: (1) sets rules on what type of body-camera video footage is presumed ‘private’; (2) sets up a task force to examine the best practice for the use of body-camera video footage; (3) encourages police agencies to adopt policies related to the use of body-camera video footage; and (4) requires certain video footage to be presumptively private, such as footage of dead bodies or of minors, wherein such footage will only be released if a requester can demonstrate the footage is of ‘legitimate public concern’.

Now that the measure has passed both the Senate and the House, the next step is for Governor Jay Inslee’s to review and approve it. Open governmental transparency is a good thing and undoubtedly the people of Washington State will be better off because of the passing of House Bill 2362. Many criminal cases rely on body-camera video footage in the ultimate decision of the case, whether the result is a conviction, a negotiated settlement, a dismissal, or a not guilty finding.

As all Seattle criminal defense attorneys know, a criminal charge and/or conviction can have a lasting impact on one’s life. It thus should go without saying (but we will say it anyways) if you or a loved one is facing a criminal charge, you should immediately seek the advice of a qualified Seattle criminal defense attorney before resolving their case. The Seattle Criminal Defense Attorneys that make up the criminal defense team of SQ Attorneys are highly qualified and reputable Seattle criminal defense lawyers that are dedicated to providing top notch, aggressive representation for those arrested for crime all across Western Washington and the Greater Puget Sound region. The team creates success by working with law enforcement and the prosecuting attorney’s office to ensure that all facts and circumstances related to the criminal allegations are considered in creating the fairest, most equitable and just resolution possible in light of all the surrounding circumstances of the given case. So, whether cited for unlawful use of weapon, theft, a driving offense, prostitution, possession and/or distribution of drugs, assault, property destruction or some other law violation, protect yourself … call SQ Attorneys immediately.

Fifth DUI w/in 10 soon to be a Class B Felony

March 8th, 2016

And the saga still continues … the government keeps ratcheting down on DUI’s in Washington State. In step with this continuing policy our state Legislature recently passed a bill that would raise penalties for felony-level driving under the influence convictions in Washington State. After clearing the House in February House Bill 2280 passed the Senate on a unanimous vote on March 2, 2016. The Bill now heads to the desk of Governor Jay Inslee, who is sure to sign it into law.

Currently, under Washington DUI law a fourth DUI in 10 years is only a gross misdemeanor, but a fifth DUI within 10 years is a Class C felony, which carries a maximum of five years in prison, a $10,000 fine or both. Bill 2280 will make that fifth DUI conviction a Class B felony, which has a maximum of 10 years in prison, a $20,000 fine or both. In essence, the punishment for a fifth DUI (within 10 years) will be doubled. A DUI is also a felony for someone who previously committed vehicular homicide or vehicular assault while intoxicated. That fact will remain the same regardless of the passing of Bill 2280.

If you, or a loved one, have been arrested and cited for DUI in Washington State you should immediately seek the assistance of a Seattle DUI lawyer. A qualified and respected Seattle DUI attorney, among other things, can quite possibly save a person thousands of dollars in court and insurance fees, extent of loss of privilege to drive and amount of jail time to be served. Washington traffic laws are far too complicated for any ol’ attorney to handle. Be smart … hire a qualified and skilled Seattle DUI attorney when arrested for an alcohol and/or a drug related DUI in Washington State.

Court Finds Lawful Exception

March 2nd, 2016

As many Seattle domestic violence lawyers know, the general rule is that warrantless searches and seizures are considered, per se, unreasonable. In line with this policy, a Washington State law enforcement officer conducting a traffic stop may not request identification from a passenger for investigatory purposes without an independent reason to justify the request. Such a justification may exist if the law enforcement officer has an “articulable suspicion” that criminal activity is afoot. If he doesn’t, the detention would be deemed unconstitutional, and thus any evidence obtained during the stop would be inadmissible in a court of law.

A relatively recent Washington Court of Appeals case outlined this very point. The court reviewed a defendant’s conviction for violating a no-contact order, evaluating whether evidence should have been suppressed. See State v. Burks (Wash. Ct. App. Nov. 3, 2015). In Burks, a police officer conducted a traffic stop of a vehicle for speeding. The officer obtained the driver’s information and entered it into a search, which indicated that the driver was a protected party in a no-contact order. The officer noticed that the vehicle’s passenger matched the description of the respondent in the no-contact order. The officer requested identification from the passenger, which he did not provide. The officer used his vehicle’s computer system to locate a photograph of the passenger. The photograph matched the respondent of the no contact order. In turn, the officer arrested the defendant for violating the no-contact order. The defendant was thereafter charged with one count of a felony violation of a court order with a special allegation of domestic violence. At trial the defendant moved to suppress the evidence obtained during the traffic stop. He argued that it was an illegal invasion of privacy pursuant to the Washington Constitution. The trial court denied the motion. The court found that the officer had a reasonable suspicion to believe that the defendant was: (1) violating the no-contact order, (2) there was an independent reason to request the defendant’s identification, and (3) the traffic stop was lawful. The trial court convicted the defendant as charged, and the defendant appealed. On appeal, the defendant argued that the extended traffic stop was unlawful because the officer did not have a reasonable, articulable suspicion that he was engaged in criminal activity. The appeals court disagreed, finding that the police officer reasonably suspected a violation of the no-contact order in light of the circumstances. This is so because: (1) the description of the respondent in the no-contact order matched the defendant, and (2) the photograph search later conducted matched the defendant. Therefore, the court held that the officer had an independent basis to detain the defendant and request his identification. The conviction was affirmed.

if you or a loved has been arrested for a domestic violence related crime in King County, Washington immediately contact a Seattle domestic violence attorney to protect your rights and interests. The Seattle domestic violence attorneys that make up the criminal defense team of SQ Attorneys are highly qualified and reputable Seattle domestic violence criminal defense lawyers that are dedicated to providing top notch, aggressive representation for those arrested for crime all across Western Washington and the Greater Puget Sound region. The team creates success by working with law enforcement and the prosecuting attorney’s office to ensure that all facts and circumstances related to the criminal allegations are considered in creating the fairest, most equitable and just resolution possible in light of all the surrounding circumstances of the given case. So, whether cited for domestic violence related malicious mischief, assault, property destruction or some other crime, protect yourself … call SQ Attorneys immediately.