Tagged ‘DV’

March 3rd, 2015

We have written and talked about domestic violence in the past, but what is it … what is ‘domestic violence’? Some inquiring minds want to know. So we provide the following:

Domestic violence is a situation that occurs between family members, people living together, or people in romantic relationships. It is not so much a crime as it is a phrase with consequences; domestic violence is, in essence, a ‘tag’ that is added to crimes involving family members, people living together or those in a romantic relationship, including, but not limited to, malicious mischief, assault, and a bevy of property crimes.

What many people don’t know or realize is that, generally speaking, whenever police are called to respond to allegations of domestic violence they are mandated by law to make an arrest, no matter the circumstances. For this reason, domestic violence charges are often brought on behalf of people who never intended them to be brought in the first place. Other complications can also arise when a domestic violence charge is brought against someone in our criminal courts. For example no contact orders are issued and our 2nd Amendment is impeded; the impact on families can be extreme, and can affect housing, bills and child custody.

In domestic violence situations alleged victims are often opposed to the prosecution. Rarely, however, does the prosecutor give weight to this person’s desire to not have the case move forward in the court system. The global impact on the family can thus be extreme and sometimes catastrophic.

If arrested for a domestic violence it is imperative that you immediately contact a Seattle domestic violence attorney to protect your rights and interests. Even the seemingly ‘silly’ case is now taken extremely seriously, and the government will proceed on the case, especially in light of the recent hype given to the issue. 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 assault, property destruction or some other domestic violence related crime, protect yourself … call SQ Attorneys immediately.

Oh the Monetary Pain of it All

February 27th, 2015

As our Washington law makers see it, if you get caught driving under the influence you are putting yourself, others and even property at risk, so the measly ticket itself is not the only price you should pay. In addition to jail time and a hefty fine, drivers who receive a DUI will be saddled with alcohol education fees, lost wages, ignition interlock fees, probation fees and a slew of other punitive monetary sanctions.

One of the longest lasting monetary fallouts of a DUI conviction is the car insurance increases. In Washington, increases will last on a driver’s record for no less than three years and quite possibly up to five years. Drivers convicted of a DUI are required to maintain SR-22 insurance, which not all insurers support. After a DUI conviction the average Washington driver will see his or her car insurance increase by approximately 54.24%; the typical Washington driver will pay $466.80 extra each year for insurance after his DUI conviction.

Once convicted of a DUI, the provider may choose to drop coverage altogether, or alternatively may increase payments beyond what another insurance provider is willing to do for someone. This is so because insurance companies weight DUI convictions differently. In light of this, it may be a good idea to consider getting several insurance quotes so as to ensure the cheapest coverage.

If cited for DUI in Washington state be smart and immediately seek the assistance of a Seattle DUI lawyer. A qualified and respected Seattle DUI attorney can quite possibly save a person thousands of dollars in court and insurance fees. Washington DUI laws are far too complicated for any ol’ attorney to handle. Be smart … hire a qualified and skilled Seattle DUI attorney when arrested for DUI in Washington State.

Domestic Violence is: FRONT AND CENTER

February 21st, 2015

It is clear that domestic violence now-a-days is a real live wire, a real hot button. Some would even say we as a nation have seemingly moved beyond the need for a stereotypical victim; the need for bruising and blood, and a horrifying cry for help emblazoned on a 911 tape for all to hear. Not that that was ever really required, but to the uneducated (and by that we mean unfamiliar with the ‘actual’ DV laws in Washington) that is what is envisioned when the general public thinks of ‘domestic violence’.

As evidenced by the mounting campaigns on TV, via the news and by word-of-mouth, significant steps are being taken to educate about and prevent assaultive behavior, and to try more domestic violence cases in our criminal courts. This is none more evident than the recent scandals in the NFL involving multiple players and their loved ones. As everyone knows by now the NFL Commissioner, Roger Goodell, aggressively issued more stringent standards for dealing with alleged sexual assaults and domestic violence by the league’s players. Recently the changes were unanimously approved by the NFL owners.  The changes did not come easy, however, and required a massive public outcry that the league was too soft on such conduct.

The court’s, like the NFL and the MLB, are now fully aware that citizens, like fans, are unwilling to support behavior that on any level is violent or degrading to another person. It is only reasonable to suspect that both judges and prosecutors are taking a more proactive role against domestic violence in light of the fact that the public is increasingly more aware of the scope of domestic violence and what the law defines domestic violence to be.

The significance of recent domestic violence events across the nation, and the increased ‘public awareness’, should not be underplayed or discounted. It has sparked a real and tangible change in cultural norms, and a movement of institutions to reform themselves.

So now more than ever folks must be aware that although there most definitely are cases that have bruising, blood and even a horrific 911 call, the bulk of the cases in our court system are cases involving a push, a slap, a punch to the wall or even a simple finger to the chest – a chest poke. The ones that make the news, the ones that are ‘juicy’ tabloid stuff, the so called ‘perfect victim’ or the ‘poster child for domestic violence’ are the exception, not the norm in our courts, and everyone (and we do mean everyone) should be quite clear on this fact now that there has been an ‘awakening’ due to the recent events and media hype over the issue. Domestic violence is now very much front and center, and the definition of the act is quite broad and all encompassing.

If arrested for a domestic violence it is imperative that you immediately contact a Seattle domestic violence attorney to protect your rights and interests. Even the seemingly ‘silly’ case is now taken extremely seriously, and the government will proceed on the case, especially in light of the recent hype given to the issue. 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 assault, property destruction or some other domestic violence related crime, protect yourself … call SQ Attorneys immediately.

Assessments Equal Public Records

February 13th, 2015

Anytime someone is convicted of a DUI or a charge that is reduced from a DUI in Washington State they are put on probation with the court for a period that is ‘up to’ five years. Probationary conditions can consist of many things. For example, the court will order that the person commit no criminal law violations, not have a BAC of .o8 or greater within two hours of driving, not have any alcohol/ drug related infractions, not to refuse a breath or blood test if lawfully requested to take one by law enforcement, and to pay fines, costs, fees and assessments etc.

In addition to the foregoing, as part of any DUI conviction (or reduced charge) the court will mandate that a person get an alcohol/ drug evaluation by a person or agency that is state certified to conduct such an assessment. These assessments must be filed with the court and thus are open to public viewing and are deemed a ‘public record’. Some folks have recently inquired as to whether their assessments can be hidden, sealed or otherwise non-visible. Well … unfortunately, due to recent changes to Washington’s Public Disclosure Rules (Supreme Court General Rule 31) alcohol/drug evaluations can be viewed by the public, and thus not sealed. The defense bar is currently exploring ways to protect our DUI clients’ privacy interests related to alcohol/ drug assessments since every DUI requires an alcohol/drug evaluation. In some instances attorneys and alcohol/drug treatment agencies have resorted to providing bifurcated supplemental reports to file with the court hoping this will meet the courts’ assessment requirements. Over time, we will see how the courts deal with or otherwise accept these supplemental reports. There are competing interests at play and unfortunately no solid answers are available at this time, that said though … so far so good.

If cited for DUI in Washington state be smart and immediately seek the assistance of a Seattle DUI lawyer. A qualified and trained Seattle DUI attorney will sift through the myriad and numerous defenses in a Washington DUI case. So if facing a DUI, do not go it alone, and do not just hire some ‘general’ practitioner. Washington DUI laws are far too complicated for any ol’ attorney to handle. Be smart … hire a qualified and skilled Seattle DUI attorney when arrested for DUI in Washington State.

DUI’s, Kids and CPS

February 6th, 2015

Recently we at SQ Attorneys have had a few DUI cases involving child passengers.  As we all know by now, a DUI conviction in the State of Washington can … by itself … without any passengers (young or old) … have grave consequences.  Add a passenger or two and the consequences can, and will, go up, and additional charges may even be filed.  Add a passenger or two under the age of 16 and … well … you will be faced with even more mandatory penalties, and a visit from a friendly (or not so much so) Washington Child Protective Services (CPS) representative.

RCW 46.61.507 requires that when a person is arrested for either DUI or Being in Actual Physical Control of a vehicle while impaired (Physical Control) and the driver’s child, under the age of 16, is in the vehicle, Washington State Child Protective Services must be notified. The purpose of the CPS referral is not to remove the child or children from parental custody, but rather it is to perform a child welfare check to make sure that the child is not in any immediate danger of being harmed by the parent.

Once contacted, a CPS caseworker will reach out to the driver for purposes of conducting an interview and a child home welfare check. Generally this first contact is usually made within 24-48 hours of the arrest with the home visit scheduled as shortly thereafter as possible. The CPS caseworker will interview the parents or custodians, view the home and look into the general well-being of the child. If the caseworker assigned believes that, after reviewing the police incident report and interviewing the guardians, that the statute was more likely than not violated, a finding of “founded” will be entered into the guardian’s CPS file. If there have been no previous CPS referrals and the child does not appear to be in any danger, this will more often than not end the inquiry. On the other hand, if there have been previous referrals or the child does appear to be in harm’s way, the investigation will continue and further CPS action may follow.

It is always important to consult with a Seattle DUI lawyer in the event of any DUI arrest. In the event there is a minor involved, consulting with a Seattle DUI attorney is perhaps even more crucial considering the enhanced penalties one faces. The Seattle DUI lawyers that make up the criminal defense team of SQ Attorneys are a highly skilled and experienced team of practitioners immensely dedicated to aggressively protecting the rights and interests of those accused of DUI in Western Washington. The Seattle DUI attorneys at SQ attorneys create success by working with both law enforcement and the prosecuting attorney’s office to ensure that their client’s integrity and overarching humanity, as well as the totality of the facts and circumstances related to the allegations, are considered in creating the most just, fair and equitable resolution possible.

DV Consequences go Beyond Jail and Money

January 30th, 2015

A conviction for a crime involving domestic violence can, and will, have significant detrimental consequences. This includes consequences that go beyond just the uncomfortable prospect of jail time and hefty fines. They can include matters involving child custody, voting rights, 2ndAmendment rights, and applications for employment and immigration. The consequences can also criminalize certain actions that previously were not deemed criminal in nature, such as having contact with a protected party.

An example of this can be found in U.S.C. 922(g)(9), which bars the possession of a gun by anyone convicted of a domestic violence misdemeanor. In interpreting U.S.C. 922(g)(9), our U.S. Supreme Court has found that it’s not even necessary for physical force to have been involved in the underlying offense for a conviction to be applicable under this particular federal statute; the case of United States v. Castleman increases the likelihood we will see more of those convicted of relatively minor domestic violence crimes in court for future gun-related offenses.

In Castle, the defendant moved for a dismissal of an indictment against him arguing that a previous conviction for the intentional or knowing infliction of bodily injury to his child’s mother hadn’t involved the use or attempted use of physical force. Thus, he asserted, it didn’t qualify as a ‘domestic violence’ misdemeanor. The district court agreed, and the appellate court affirmed the lower court’s ruling. The U.S. Supreme court, however, reversed and remanded the case back down. The Supreme Court held that the defendant’s previous conviction for intentional cause of bodily injury against his child’s mother did in fact qualify as a misdemeanor domestic violence offense. The court held that the “physical force” requirement of the federal statute is satisfied by the battery conviction through the element of “offensive touching.” In short, the court found that acts of pushing, shoving, grabbing, hitting or slapping can be considered “violent,” even when it doesn’t result in a serious injury.

A direct consequence of the Supreme’s ruling (getting back to the consequences theme we discussed above) is that individuals are stripped of their Second Amendment right to bear arms if they are convicted of committing what some may otherwise see as a minor offense.

If arrested for a domestic violence related misdemeanor it is imperative that you 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 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 assault, property destruction or some other domestic violence related crime, protect yourself … call SQ Attorneys immediately.

What is the PBT Good For?

January 25th, 2015

Recently it seems that some people are confused about what a ‘portable breath test’ (“PBT”) given on the scene of a DUI traffic stop is used for. It appears that some folks think that a PBT can be used against them to prove that they are actually driving under the influence, and that if they refuse/ decline to provide a breath sample into the PBT the consequences that they face if convicted of DUI will be ‘enhanced’ or otherwise increased based on the DUI laws in Washington State.

So … to dispel any notion that a PBT can be used to prove a person is driving under the influence we provide the following: A PBT is not admissible in the prosecutor’s case and it generally will not be presented to a jury; the breath test results that are presented to a jury, and the ones that are considered to determine if someone is driving under the influence, are the results obtained from the breath test machine located at the precinct, not on the scene of the traffic stop. The PBT is generally only used to establish probable cause to arrest, and even to be used for that purpose – the officer or trooper must correctly follow the Washington Administrative Code (WAC 448.15) protocols. Generally, these results will only be used during motions to suppress evidence and not during a jury trial.  This is so because to do so would violate evidentiary rules of relevance and/or prejudice, such as ER 401, and 402. So … it is often a good idea to refuse to provide a breath sample into a PBT, even though it may be a good idea to provide breath samples into the breath test machine at the station due to potential increased penalties for refusing the same.

If cited for DUI in Washington state be smart and immediately seek the assistance of a Seattle DUI lawyer. A qualified and trained Seattle DUI attorney will sift through the myriad and numerous defenses in a Washington DUI case. So if facing a DUI, do not go it alone, and do not just hire some ‘general’ practitioner. Washington DUI laws are far too complicated for any ol’ attorney to handle. Be smart … hire a qualified and skilled Seattle DUI attorney when arrested for DUI in Washington State.

DUI Patrols Continue

January 17th, 2015

As many folks may have known (as it was made clear by commercials and electronic road signs), on November 25, 2014 law enforcement agencies throughout Washington State commenced conducting DUI emphasis patrols through the beginning of 2015. Although the ‘emphasis patrols’ may no longer be in effect, don’t be fooled. Law enforcement is out in full force in effect; mounting a campaign against DUI’s. Many law enforcement agencies (like the Seattle Police Department, for instance) have dedicated ‘squads’ for DUI enforcement. The WSP continues to maintain its ‘Target Zero’ program, and undoubtedly county sheriffs also have their own little way of emphasizing the continued crackdown on DUI’s in the State of Washington.

So … in short … do not let your guard down, be careful, and do your best to avoid having a single drink and then driving. because although it is no longer the Holiday season DUI’s remain an emphasis for Washington law enforcement agencies, and city and county prosecutors alike. Especially during this epic Seahawks march to Superbowl XXIX.

Notwithstanding the foregoing ‘warning’, if you or a loved one is arrested for DUI the best thing you can do is immediately contact and retain a reputable and qualified Seattle DUI Attorney. The Seattle DUI lawyers that make up the criminal defense team of SQ Attorneys are a highly skilled and experienced team of practitioners immensely dedicated to aggressively protecting the rights and interests of those accused of DUI in Western Washington. The Seattle DUI attorneys at SQ attorneys create success by working with both law enforcement and the prosecuting attorney’s office to ensure that their client’s integrity and overarching humanity, as well as the totality of the facts and circumstances related to the allegations, are considered in creating the most just, fair and equitable resolution possible.

Beware: Third Party Contact is Still Contact

January 9th, 2015

If a person has an active No Contact Order (‘NCO’) in place they would be wise not to violate it. A violation of a no contact order is a crime in Washington State, and an NCO can be violated even if contact with the ‘protected person’ is through a third party. Such was the case in State v. Cardenas-Padilla, which was upheld by the Washington State Court of Appeals, Division III last month.

In State v. Cardenas-Padilla, the defendant was convicted and sentenced to 14 months incarceration for a series of text messages that he sent to his former mother-in-law in an attempt to reach her daughter, his ex-wife, who was the protected party in a no-contact order involving Cardenas-Padilla.

The facts are pretty straight forward, Cardenas-Padilla and his ex-wife had been divorced, and a no-contact order was issued against Cardenas-Padilla on behalf of his former wife. The two shared an 18-month-old daughter in common. In late December 2012, the defendant sent a letter by the US Postal Service to his former mother-in-law requesting that she ask his ex-wife to delete a social media profile page created for the couple’s child. Approximately a month later, Cardenas-Padilla sent between 25 and 30 text messages to his ex-mother-in-law. In the text messages that he sent, he was reportedly asking for her assistance in convincing his ex-wife to talk to him and possibly reconcile. Shortly thereafter, Cardenas-Padilla was put under arrest for three counts of violating a no-contact order under RCW 26.50.110(5). Jurors ultimately found the defendant, Cardenas-Padilla, guilty on two counts of violating a no contact order, and the defendant was ordered to serve 14 months confinement, with credit for the seven months he had already served. He was also ordered to pay a monetary fine and fees.

The Cardenas-Padilla case is a stark reminder that violations of an order of protection are taken very seriously in Washington, even if the contact is not made directly with the protected party. If cited for an NCO violation it is imperative to immediately contact a Seattle domestic violence attorney to protect your rights and interests. Protecting the rights and the interests of those accused of committing crime is what SQ Attorneys does. 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 assault, property destruction or some other domestic violence related crime, protect yourself … call SQ Attorneys immediately.

DV Appeals Tough

January 1st, 2015

A recent Washington Court of Appeals, Division One case reflects that successfully appealing jury convictions is pretty darn difficult in domestic violence cases. In Washington v. Bato a prosecutor’s repeated references during closing argument to facts outside the record (clearly prosecutorial misconduct) apparently did not warrant a new trial.

In the Bato case, the alleged victim had written a statement for police that was not admitted as evidence at trial. That statement included allegations that the defendant had dragged her into the bedroom, thrown her on the bed, and threatened her life with knives. She later stated she did not remember what she said or whether these facts were true. Thus, these statements were suppressed and were not admitted at trial or for jury consideration. Notwithstanding this, during closing arguments, the prosecutor made references to “the knives” and “the threats” and “the dragging.”; this was despite the fact that the information had been barred from trial. The defense objected to each of these statements, but the judge overruled and instead followed each time with a reminder to jurors that statements by lawyers during closing argument are not evidence. The court also summarily rejected a motion for mistrial, and the defendant was subsequently convicted.

On appeal, the panel noted it is improper for prosecutors to make arguments based on facts not included in the evidence. However, the trial court did not abuse its discretion in denying the motion for mistrial because a mistrial is only warranted when facts are so prejudiced that nothing short of a new trial will assure the defendant will be tried fairly. The panel considered trial judge’s verbal and written instructions as well as the evidence and found the lower court had not acted improperly in denying a new trial. The conviction was upheld. In short, the court summarily dismissed the prosecutor’s egregious and unsavory behavior and chose to uphold the conviction regardless of the unseemly behavior of the prosecutor.

The Bato case illustrates why it is important to have a savvy and well seasoned Seattle domestic violence lawyer on your side immediately upon being cited and/or charged with domestic violence. A highly qualified Seattle domestic violence attorney will understand how to best fight the allegations. A Seattle domestic violence attorney will be best equipped to help with the meanderings of our criminal court system.

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 assault, property destruction or some other domestic violence related crime, protect yourself … call SQ Attorneys immediately.