SQ Attorneys

Our Washington State government considers domestic violence in Washington State to be a big problem.  As a consequence, it is easy to falsely allege that domestic violence has occurred, and it is virtually impossible to prevent a prosecution for domestic violence once an allegation of domestic violence has been made.  Moreover, what many people do not understand is that when law enforcement is called to respond to a domestic violence 911 call, they are required by law to make an arrest, even in cases where law enforcement might not otherwise have arrested someone.

It should never be assumed that simply because an alleged victim of domestic violence has decided to change her testimony that the case will “go away”; prosecutors believe that there are numerous reasons someone may want to change their testimony. For example, prosecutors tend to believe that “victims” are scared because they may have no money and the “abuser” will not support them monetarily, or alternatively the “victims” are scared that they will suffer more injuries at the hands of their “abuser”.  Prosecutors, therefore, will often take their case to trial even with a victim who changes their mind and says the incident never happened.  Only a prosecutor can decide whether or not to press charges; domestic violence “victims” have no control over whether a case is charged or prosecuted, they are just witnesses who can be summoned into court and have their statements used against their will, and against their desire. In fact, the United States Supreme Court has specifically ruled that in certain circumstances 911 calls that are made by a “victim” can be introduced into evidence, even if the “victim” doesn’t show up in court for trial. This is true notwithstanding the fact that we have a constitutional right to confront witnesses who testify against us.

Domestic violence is not just associated with allegations of “Assault”.  Other crimes such as “Burglary” or “Malicious Mischief” can also be charged as crimes of domestic violence in Washington State.  Moreover, a domestic violence (“DV”) designation adds serious additional penalties to the actual crime charged.

It is typical in Washington State domestic violence cases that a “No Contact Order” is issued by the court.  Often these orders stay in place until the case is completely resolved notwithstanding the “victim’s” repeated requests to have the order lifted; a violation of a no contact order can be even more serious than the underlying domestic violence charge and often results in more jail time than the domestic violence charge that gave rise to the no contact order in the first place.

Domestic violence allegations are extremely serious in Washington State.  Anyone charged with domestic violence in Washington State should immediately seek the assistance of a seasoned Seattle domestic violence defense lawyer. The Seattle criminal attorneys that make up the criminal defense team of SQ Attorneys are highly qualified and reputable Seattle domestic violence defense lawyers that are dedicated to providing top notch, aggressive representation for those arrested for domestic violence in Western Washington. 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.

The defense of a driving under the influence charge is a highly technical and an extremely difficult undertaking. There are many advantages that a Seattle DUI attorney can bring to a case.

Most DUI cases begin with an officer requesting that the defendant take a set of voluntary field sobriety tests (FST). The FST’s are given by police officers to determine if an individual has been operating a motor vehicle while impaired by alcohol, drugs, or both. Field sobriety tests frequently consist of the ‘gaze nystagmus test,’ the ‘one-leg stand,’ test, the ‘walk and turn’ test, and may include other tests. If you are stopped by the police for a suspected DUI, you need to know that you are not required to take these or any field sobriety tests. What is more important to know, a Seattle DUI lawyer will be able to explain how these FST’s lack scientific merit and are invalid, and will always recommend that you refuse to take these voluntary tests.

Unlike a chemical test such as a blood alcohol test, where the refusal to take such a test can have far-reaching and negative consequences, an individual is not legally required to take any field sobriety tests. Reality is that police officers have typically made up their minds to arrest the individual when they administer one of more of the field sobriety tests. In a word, field sobriety tests provide additional evidence that the driver inevitably ‘fails.’ As a result, in most cases the Washington DUI attorney, will advise his clients to politely refuse to take any field sobriety tests.

In Washington State there are certain guidelines and procedures for being released from jail in the event a person is booked into jail. A person arrested and charged for a crime in Washington State will either be: (1) released on their “personal recognizance”, or (2) required to “bail out”. Bail is a process wherein a person arrested in Washington State pays a set amount of money to be released from jail. To effectuate release, the arrested individual essentially assures the court, by “posting” money, that she will appear in court for all scheduled criminal proceedings associated with the case, including arraignment, preliminary hearings, pre-trial hearings, motions, and trials; if the person fails to appear in the Washington court as scheduled, she will be subject to immediate arrest and any bail posted or otherwise paid by her will be entirely forfeited. In essence, if the person shows up to all court proceedings her money will be returned to her. If she fails to show up to even one court appearance, she will be arrested and she will remain in jail until such time as the case is entirely completed; the money she “posted” will not be returned to her.

Bail in Washington State can be set in essentially two ways. First, the bail amount may be pre-determined through a “bail schedule”. Second, a judge may set a specific financial figure based on: (1) Seriousness of the crime alleged, (2) by means of injury to others, (3) a suspect’s criminal record, (4) the danger that the suspect’s release might pose to the community, (5) a suspect’s relationship with family, community or employment, (6) the likeliness that the person on bail may “skip” or not appear as required by the court.

Often times people arrested for committing crime in Washington State cannot pay the bail amount set by the court. In cases where the person is unable to personally come up with money to post bail, she may be able to acquire the assistance of a Washington State bail bondsman. A Washington State bail bondsman can post bail on behalf of a jailed person by writing a Washington bail bond. A bail bond is a written guarantee that the full bail amount will be paid in the event that the person fails to appear for any court hearings. A bond is usually obtained through a Washington State bail bond agency that typically charges a fee in exchange for posting of the bond (usually about 10% of the bail amount). Bail bond agencies may also demand additional collateral before posting a bond on behalf of the person, as the agency will be responsible for paying the full bail if the suspect “jumps bail” and/or fails to appear as promised.

At SQ Attorneys, most clients are released on their personal recognizance without ever having to post bail. SQ Attorneys successfully defends clients at their first court appearance regardless of the fact that prosecutors routinely ask the judge to impose bail. If you or a loved one is arrested and/or charged with a crime in Washington State it is imperative that you seek the assistance of a qualified Seattle criminal attorney. If in the unfortunate circumstance bail is set, a Seattle criminal lawyer can assist you in figuring out the best way to post bail, and/or find a Washington bail bondsman to help post the bail required to effectuate the arrested person’s release in a timely manner.

The Seattle criminal 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 in Western Washington. 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.

Although Washington State deems a minor (a person 21 years of age or younger) to be under the influence of intoxicants when she has a 0.02 blood alcohol level or greater, it is not uncommon for a prosecuting attorney to charge the minor with an adult DUI in Washington State. This is so because in Washington State an “adult” alcohol related DUI can be charged two ways: (1) with a per se .08 blood alcohol level or greater, and/or (2) a totality of the circumstances, notwithstanding the blood alcohol level. So even though, a person 21 years of age or younger may only have a wine cooler before driving, she can, and most likely will be, charged with a Washington State DUI like an adult, not a minor. Whether the person is charged as an adult or a minor, the costs generally are the same, inclusive of tangible costs (money, directly and indirectly) and intangible costs (lost opportunities – such as jobs, schools, and/or related vocations); regardless of age, a Washington State DUI arrest is generally a very expensive mistake.

It goes without saying that parents should make it a point to talk with their children about the dangers of drinking at an early age; it is not worth it to hope your child “figures it out” on their own. We all know that minors should be encouraged not to drink alcohol before the age of twenty-one, but we also all know it regularly happens. So parents would be wise to encourage their child, if they consume alcohol, to walk, take a cab, call a sober friend or relative, or even anoint someone a designated driver before the drinking begins, ensuring, of course, that person does not drink any alcohol whatsoever during the “outing”.

Notwithstanding the foregoing, if your minor child is cited for DUI in Washington State it is imperative that you seek the assistance of a qualified and reputable Seattle DUI attorney. The consequences of a DUI conviction are life-long, and can unnecessarily cause a negative impact on a child’s aspirations and goals in life. The Seattle criminal attorneys that make up the criminal defense team of SQ Attorneys are highly qualified and reputable Seattle DUI lawyers that are dedicated to providing top notch, aggressive representation for those charged with DUI in Western Washington. 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 DUI allegations are considered in creating the fairest, most equitable and just resolution possible in light of all the surrounding circumstances.

Often after a Washington State DUI arrest law enforcement personnel will release an arrested person, and in some circumstances law enforcement personnel will even give a ride home to the person arrested for DUI in Washington State. Frequently after a Washington State DUI arrest, the person arrested is left wondering when she will have to appear in court. The answer to that question depends upon the jurisdiction of arrest, the police agency involved, and the filing procedures within the prosecutor’s office.

If the driver arrested was not given a DUI citation at the conclusion of her Washington State DUI arrest, the mandatory “first appearance” must occur: “in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint…”. The first court appearance in these types of cases is usually determined by the date a Washington State DUI charge is filed in the municipal or district court. In some Washington State jurisdictions a DUI charge might not be filed for many months after the DUI arrest; in fact the Statute of Limitations for a gross misdemeanor charge like DUI is two years in Washington State. Thus, a person arrested for DUI can lawfully be arraigned on the charge seven hundred thirty (730) days after the DUI arrest.

In some circumstances law enforcement personnel will give the arrestee a Washington State DUI ticket or citation at the conclusion of the DUI processing. In a Seattle DUI arrest, or in any jurisdiction where the officer gives the suspect a citation for DUI at the conclusion of processing, it is critical to look closely at the citation for a specific court date. In many courts, the first appearance could actually be the very next day after the DUI arrest.

No matter the circumstance, the best approach to take when arrested for a DUI in Washington State is to contact a qualified Washington State DUI defense attorney who has knowledge of the Washington State court system and the Washington State police procedures. The Seattle criminal attorneys that make up the criminal defense team of SQ Attorneys are highly qualified Seattle DUI lawyers that are dedicated to providing top notch, aggressive representation for those charged with DUI in Western Washington. 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 DUI allegations are considered in creating the fairest, most equitable and just resolution possible.

You spend a nice, relaxing evening with friends and decide to get in your car and drive home for that quick ride home. You feel as if you are okay to drive after waiting an hour or so to sober up, but before you know it, you see flashing lights behind you, and find yourself being pulled over by a police officer. All of a sudden you realize your mistake and are feeling sick to your stomach. Before you know it, you are being asked to perform the field sobriety tests, and the portable breath test. Your being read your Miranda rights, and are being processed for driving under the influence. Your worst nightmare is coming true, but with the help of a Seattle DUI lawyer, you can learn from your mistakes and move through this experience effectively and efficiently.

The very first step in this process is to find an experienced Seattle DUI attorney. DUI lawyers in WA offer specialized services. Many people go to a lawyer who may have the best reputation, but they usually charge a high premium price for their services, which for many is just not financially feasible. The most expensive Seattle DUI attorney or a Bellevue DUI attorney can charge several thousand dollars, while a more affordable one may charge much less, and perhaps will do as effective of a job. Many times the cost of a Seattle DUI attorney depends on how long the lawyer has been practicing for, and what firm they may be affiliated with. When searching for the right Seattle DUI lawyer for you, spend time meeting with each candidate and ask lots of questions. Finally, choose the one who will show you significant, positive results for the most affordable price for you.

Many times, it is beneficial for you to come prepared with several things prior to visiting your Seattle DUI attorney. The initial meeting with the DUI attorney in WA will most likely be a free of charge consultation that will give you a chance to decide if the attorney is a good professional match for you. Bring your driving record, any and all documents you may have received from the officer and/or the court, and finally, a list of questions that you may have. Also, be prepared to share the details of your particular arrest no matter how horrifying it may be reliving the experience. Keep in mind, during the initial consultation, you will most likely be apprised of the standard penalties in your jurisdiction, and a realistic expectation of the outcome, based on the attorneys experience.

It is disheartening and horrifying to be arrested for a DUI, particularly when this was a one time mistake. Having good legal counsel from qualified Seattle DUI lawyers can mean the difference between progressing towards this quickly or suffering the consequences for a long time.

A DUI arrest in Washington State can potentially have a very significant impact on one’s employment status, especially if driving is part of one’s job duties. Even if it is not part of one’s job duties, and the person simply needs to drive to and from work, a DUI arrest in Washington can have devastating consequences on that person’s employment status. If you are cited for DUI in Washington there are two ways you can suffer a loss of your driving privilege: (1) administratively at the hands of the Department of Licensing, and (2) by court action if you are subsequently convicted of DUI.

Because of a relatively recent change in Washington State DUI law, most Washington drivers are now able to apply for an ignition interlock license if they lose their driving privileges due to a DUI arrest. This license permits persons to drive, but only if their vehicle is equipped with an approved ignition interlock device, and only if they have special “high risk” insurance coverage. The ignition interlock license is even required on work-related vehicles unless the applicant qualifies for an exception as outlined in the Revised Code of Washington 46.20.720, which states in part: “The device is not necessary on vehicles owned by a person’s employer and driven as a requirement of employment during working hours. The person must provide the department with a declaration pursuant to RCW 9A.72.085 from his or her employer stating that the person’s employment requires the person to operate a vehicle owned by the employer during working hours.” Unfortunately this exception is not helpful to employees who rent vehicles when travelling out of town on business, nor for real estate agents driving their personal vehicle to show houses to clients.

Moreover, if a person’s job involves traveling out of town by airplane and/or train, and the subsequent rental of cars, a DUI arrest in Washington can cause problems because law enforcement personnel are required to punch a hole in the arrested person’s driver’s license at the time of the DUI arrest. First, Airport TSA personnel may not accept the punched license as a valid form of identification to permit entry into the airport. Second, most car rental agencies presume the hole in the license means that it is not valid and will not rent the car to the person. The foregoing is true even though the license may actually be valid. No amount of explaining by the embarrassed business traveler, however, will overcome either TSA’s or the car rental company’s suspicions. As to the first problem, the best practice in the airport security situation is to travel using a passport as identification. As to the second problem, the best practice in the car rental situation is to try and obtain a letter from the Washington State Department of Licensing indicating the driver’s license is valid, regardless of the hole-punch.

Some employment positions can be lost by a Washington State DUI arrest or conviction. This may be so for reasons other than the loss of the ability to drive in Washington State. For example, employees with security clearances, corporate officers, and even some “public figures” may find language in their employment contract that indicates that being arrested for DUI in Washington will result in negative employment implications. Because of this, it is always wise to determine what the corporate policy is in the event of a Washington DUI arrest so that you will not be terminated for failing to report an arrest if you are required to do so; in particular, Pilots and/or medical professionals who are arrested for DUI in Washington State should be particularly careful to abide by any applicable reporting requirements to their employer and/or licensing agencies. Even if not by contractual terms, the affected person may find that if the matter comes to the attention of the media that the impact of negative publicity is more damaging to their career than the actual “legal” consequences of the Washington DUI.

Because of the significant employment implications a DUI can have, it is imperative that a person charged with DUI in Washington State retain a qualified Seattle DUI attorney or a qualified Bellevue DUI lawyer in order to best minimize potential legal consequences and protect their employment status.

When a driver is arrested for DUI in Washington State, law enforcement essentially makes her an offer after bringing her to the police station: (1) take a breath test and if it is over a .08 you will lose your driving privilege for at least ninety days, or (2) refuse to take a breath test and you will lose your driving privilege for at least one year, and the refusal to take such test can be used against you in a court of law. A Seattle DUI Lawyer is not required to be there at the station with the driver when she makes her decision.

The driver, in essence, is told that she can refuse to provide a possibly incriminating breath test but she may very well pay a price for such a decision by losing her license for a longer period of time than if she chose to provide a breath sample. Sometimes the driver in such a situation may desire to “play the odds”, “gamble” or otherwise “roll the dice”. Unfortunately for the driver, law enforcement is not required to tell her one very, very important detail – “if you refuse the breath test, I can immediately apply for a telephonic search warrant to have your blood drawn, forcibly if necessary”. If drawn, the blood test results can be used as evidence of intoxication in court. Astonishingly, if convicted, the driver faces the harsher penalties associated with refusing to take a breath test. It goes without saying that it sure would have been nice for the driver to have known all of the terms of the offer when the decision had to be made to take, or not, the breath test. Clearly, if a Seattle DUI attorney was present, or otherwise available, she would have been apprised of all of the consequences of her choice to refuse the breath test.

The Supreme Court decision of Seattle v. St. John reviewed a scenario similar to the one described above. The Court affirmed a Seattle DUI conviction where once the defendant refused to submit to a blood test, the Seattle DUI officer immediately obtained a telephonic search warrant that required the defendant to give a blood sample by force, if necessary. The Court found no impropriety in this scenario, notwithstanding the fact that the police advised Mr. St. John that he “had the right to refuse” the breath test. The end result is that the statutory “right to refuse” a breath or blood test has been rendered illusory. After this decision, and for most DUI cases in Seattle  (or elsewhere in Western Washington) a qualified Seattle DUI attorney will most assuredly advise his client to take the breath test when the “offer” is made by law enforcement.