Impact of a Criminal Conviction – it can hurt your bottom line

July 13th, 2010

If you have been, or you are facing the prospect of being, convicted of a crime in Washington State, you may be curious to know whether you will be able to find gainful employment or quality housing. Employers and rental property owners are becoming increasingly more concerned about knowing whether applicants have criminal records. Undoubtedly part of this concern has been caused by jury verdicts that have been rendered against employers or rental property owners for negligently hiring or leasing to people with criminal histories; people who have caused harm to others while on the job or while leasing rental property. Another concern for employers, in particular, arises when they have to disclose criminal conviction data. An example of this is when a company is trying to raise funds and/or capital; they may be required to make certain disclosures to a bank or a private investor because the bargaining between the parties has to be done in good faith and with full disclosure. Employers and rental property owners in Washington State have a great deal of access to criminal history records. Washington State employers and rental property owners are permitted to ask potential employees or lease applicants about their criminal background.

Because of the significant implications a criminal conviction can have, it is imperative that a person stopped, cited arrested and/or charged with a crime in Washington State retain a qualified Seattle criminal defense attorney or a qualified Bellevue criminal defense lawyer in order to best minimize potential legal consequences and protect their rights. The Seattle criminal attorneys that make up the criminal defense team of SQ Attorneys are highly qualified criminal lawyers that are dedicated to providing top notch, aggressive representation for those charged with crimes in Western Washington and all across 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.

If you or a loved one is stopped, cited, arrested and/or charged with a crime in King County, Pierce County, Snohomish County, Kitsap County, Thurston County or one of the following cities or towns: Algona, Bellevue, Black Diamond, Bonney Lake, Bothell, Burien, Des Moines, Duvall, Edmonds, Enumclaw, Everett, Federal Way, fife, Hunts Point, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Lake Stevens, Lakewood, Lynnwood, Maple Valley, Marysville, Medina, Mercer Island, Milton, Monroe, Mountlake Terrace, New Castle, Normandy Park, North Bend, Olympia, Puyallup, Redmond, Renton, Sammamish, Sea Tac, Seattle, Shoreline, Snohomish, Sumner, Tacoma, Tukwila, University Place, and/or Woodinville, or any other city or town in Western Washington, call The Criminal Defense Team of SQ Attorneys at (206) 441-0900 for an initial free consultation.

Don’t be Identified – Avoid Identity Theft

July 4th, 2010

One of the most common white-collar crimes in Washington State is identity theft. It should go without saying, identity theft in Washington State is considered a very serious crime; often an identity theft allegation results in criminal charges being filed in the federal (not state) court system. Identity theft can happen in many different ways, but more often than not, identity theft involves the purchase of goods and/or property by a person or entity using someone else’s identity or financial information.

Identity theft in Washington State is considered to be a crime in which a person uses someone else’s personal or financial information, such as their name, credit card number, bank account number or Social Security Number without permission or authority. Some examples of identity theft may include, but are certainly not limited to, mail fraud, opening a bank account or forging a check in another person’s name, illegally obtaining and using another’s credit card, debit card, or social security card without lawful authority and/or fraudulent wire transfers or electronic money transfers.

Identity theft is a felony in Washington State. A felony conviction in Washington State will cause a person to lose certain civil rights and may prevent him from future employment opportunities. In addition to the criminal penalties and restitution a person faces when convicted for identity theft, the convicted person will also face a civil fine of up to $1000 for each individual count of identity theft alleged.

Because of the very serious consequences associated with identity theft, it is imperative that a person charged with identify theft retain a qualified Seattle criminal defense lawyer. A qualified Seattle criminal defense attorney can assess what the best strategy is to defend against the allegations. There are many defenses that can be used to fight against identity theft charges. For example, the evidence in identity theft cases is often obtained through a search of a person’s home or car; if that search was illegal or unconstitutional, the evidence may be suppressed, or otherwise not used by the prosecuting authority.

At SQ Attorneys we have overcome seemingly insurmountable odds through continuous, intensive and sustained plea bargaining efforts; we create success by applying the factual circumstances of our cases to the applicable law, and presenting mitigating factors throughout the entire negotiating process. These efforts have routinely resulted in reduced charges, reduced sentences and even dismissals. SQ Attorneys creatively works with prosecutors, courts and local agencies to keep our client’s criminal records clean; especially in first time offender situations and those situations where the individual does not have a long criminal history.

If you have been arrested and/or charged for identity theft in Washington, it is essential that you speak with a qualified Seattle criminal defense lawyer 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 criminal defense lawyers that are dedicated to providing top notch, aggressive representation for those charged with property crimes 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 allegation are considered in creating the fairest, most equitable and just resolution possible. Call SQ Attorneys at (206) 441-0900 – it will be the best decision you make all day.

To Defer or not to Defer, that is the Question

June 27th, 2010

A DUI “arrest” in Washington State may result in very harsh and undesirable consequences if the driver arrested is “convicted” of the crime in a Washington State court of law. One way to avoid a DUI conviction is to enter (and successfully complete) a “Deferred Prosecution,” as authorized by Revised Code of Washington 10.05. Below following is a brief description of Washington State DUI Deferred Prosecutions:

What is a Deferred Prosecution? A Deferred Prosecution is a Washington State program that allows a person accused of committing DUI to petition a court to dismiss his case if he: (1) enters and completes a two year alcohol/drug treatment program at a Washington State certified alcohol/ drug treatment agency, and (2) complies with all other court imposed conditions.

Should a person petition for Deferred Prosecution when charged with a DUI in Washington State? The answer to this question really depends on a number of variables, ranging from the facts of the person’s case to the person’s criminal history and everything in-between. Retaining a qualified Seattle DUI attorney is the first step in making the determination.

Will a person retain his Washington State driving privileges if he does a Deferred Prosecution? In short, yes. However, there are conditions associated with retaining the driving privilege. For instance, the person will be required to install an ignition interlock device in any non-work vehicle he drives.

Will a person go to jail if he enters a Deferred Prosecution? In short, no; there is no jail time associated with a Deferred Prosecution. Unless, of course, the person is found to have violated the conditions of the Deferred Prosecution and the court thereafter revokes the Deferred Prosecution and convicts the person of DUI.

Is a Deferred Prosecution easy to complete? No, it is actually very time consuming and difficult; it is very expensive and labor intensive. The person also is required to admit that he has an alcohol/drug problem, and that without treatment it is likely he will get stopped again for DUI.

How many Deferred Prosecutions can a person be granted? A person is only authorized one Deferred Prosecution in his lifetime; not one Deferred Prosecution every five years like it was in the 1990’s. In short, “you use it, you lose it.”

Can a person travel to Canada during (or after successfully completing) a Deferred Prosecution? It is not real clear whether a person will be authorized to travel to Canada while on (or after successfully completing) a Washington State Deferred Prosecution. Canada does not have a clear cut policy on Deferred Prosecutions; but it is clear that if a person is “convicted” of DUI that he will not be permitted into Canada.

A DUI, Reckless Driving, Reckless Endangerment or Negligent Driving (reduced from DUI) conviction will enhance penalties if another DUI occurs within 7 years, is the same true for a successfully completed Deferred Prosecution? Even a successfully completed Deferred Prosecution will count as a “prior conviction” if that person receives another DUI within seven years; enhanced penalties on subsequent DUI convictions will thus occur.

Because of the significant consequences one faces when arrested for DUI in Washington State, it is imperative that he/she retain a qualified Washington State DUI attorney so as to not only best minimize the myriad of legal consequences he/she faces, but also to protect his/her rights and liberty interests. 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.

If you or a loved one is cited for or charged with DUI in King County, Pierce County, Snohomish County, Kitsap County, Thurston County or one of the following cities or towns: Algona, Bellevue, Black Diamond, Bonney Lake, Bothell, Burien, Des Moines, Duvall, Edmonds, Enumclaw, Everett, Federal Way, fife, Hunts Point, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Lake Stevens, Lakewood, Lynnwood, Maple Valley, Marysville, Medina, Mercer Island, Milton, Monroe, Mountlake Terrace, New Castle, Normandy Park, North Bend, Olympia, Puyallup, Redmond, Renton, Sammamish, Sea Tac, Seattle, Shoreline, Snohomish, Sumner, Tacoma, Tukwila, University Place, and/or Woodinville, or any other city or town in Western Washington, call The Criminal Defense Team of SQ Attorneys at (206) 441-0900 for an initial free consultation.

Bearing Arms, Constitutionally Guaranteed!

June 19th, 2010

Firearms and/or weapons Investigations generally fall into two basic, fundamental categories: (1) illegal possession of a firearm or (2) illegal delivery or distribution of a firearm. Cases that involve firearms and/or weapons violations may include, but certainly are not limited to, juvenile and/or adult gang violence, armed robbery, drug crimes or just plain old illegal possession/ discharge of a firearm.

More often than not, a person’s defense for being in illegal possession of a firearm in Washington State will be one of the following: (a) Challenging the search conducted by law enforcement; (b) Challenging law enforcement’s allegation of “actual” or “constructive” possession of the firearm/; or (c) Challenging whether the government can prove that the person actually knew that he was in possession of the firearm. A person charged with illegal possession of a firearm may also be able to successfully defend himself by challenging the credibility of police informants and/or other witnesses involved in the case, critiquing law enforcement’s investigative techniques and/or analyzing evidence such as fingerprints or audio/ video recordings.

As noted above, a successful defense for an illegal weapons possession charge often centers on the search conducted by law enforcement and whether the goverment complied, or otherwise comported, with state and/or federal laws and regulations. Retaining a lawyer who is well versed in all of the relevant state and federal laws concerning search and seizure is thus of paramount importance in mounting a successful defense – the attorney selected must be skilled at challenging issues like “probable cause”, the credibility of confidential informants and/or other witnesses and critiquing law enforcement’s investigative techniques.

No matter the circumstance, the best approach to take when arrested for illegally possessing and/or distributing a firearm in Washington State is to contact a qualified Washington State criminal defense attorney who has knowledge of the Washington State court system and Washington State police procedures. The Seattle criminal attorneys that make up the criminal defense team of SQ Attorneys are highly qualified Seattle criminal defense lawyers that are dedicated to providing top notch, aggressive representation for those charged with committing crime in and around 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.

If you or a loved one has been charged with a weapons violation, get the legal protection your constitutional rights guarantee by way of the Second Amendment to the United States Constitution; get SQ Attorneys on your side – it will be the best decision you make all day.

Request a Hearing or Guarantee a License Loss

June 14th, 2010

If arrested for Driving Under the Influence (“DUI”) in Washington State, a person will know if he is facing a driver’s license “suspension” (anything less than a year) or “revocation” (one year or more) if his license has an asterisks punched in it by the officer who made the arrest.  The officer will most likely also give the person a DUI Hearing Request form. Thereafter, the Washington State Department of Licensing (the “DOL”) will take steps to suspend the arrested person’s driver’s license.  To even have a shot at stopping the suspension/ revocation, a person must fill out the DUI Hearing Request form and affirmatively inform the DOL that he wishes to stop the driver’s license suspension/ revocation.  The form itself lists the instructions for requesting a hearing to stop the driver’s license suspension/ revocation.  The form must be completed and sent (either by mail or via the internet) to the DOL no later than 20 days from the date of the arrest; the department must receive it within 27 days from the date of arrest.   

If sending the form to the DOL by mail, it is best to send the form via “certified mail” or “certificate of mailing”. This is because once in the mail, a person loses possession and/or control of the form and must have a way to prove that he sent the form to the DOL if the DOL claims they never received it; the DOL does not have to honor a person’s request for a hearing if he does not timely request it. A DOL hearing costs $200. Thus, the hearing request must include with it payment of the $200 fee (check if by mail, credit card if by internet), unless the person can prove he is indigent, in which case the $200 fee is waived.

It is extremely important to note that approximately two weeks after a DUI arrest in Washington State, the person arrested will undoubtedly receive a form letter from the DOL stating that his driver’s license has been suspended or revoked. This form letter is sent to every person arrested for DUI in Washington State that either has a BAC over the legal limit (.08 for adults, .02 for anyone under the age of 21), or allegedly refused to take a breath/ blood test when lawfully requested by law enforcement. This letter is just reaffirming what the hearing request form already told the person — that his license is going to be suspended in 60 days from the date of the arrest. The person should still complete and send the DOL hearing request form notwithstanding this letter; by sending the form, the person is forcing the DOL to prove that there is a lawful basis to suspend/ revoke the person’s driver’s license. If requested, The DOL must set a hearing within 60 days of the person’s arrest by law enforcement.

A DOL hearing is conducted by telephone and generally covers four simple issues: (1) was the person lawfully arrested, (2) was there reasonable grounds to believe the person was driving under the influence, (3) was the person read his implied consent warnings pursuant to Revised Code of Washington 46.20.308, and (4) did the person take a breath/ blood test and was it over the legal limit or, alternatively, did the person refuse to take a breath/ blood test when lawfully requested. Generally the DOL tries to prove all four issues by way of a sworn report from the arresting officer. A DOL hearing is a civil administrative action and therefore, the burden of proof is by a “preponderance of the evidence,” not by “beyond a reasonable doubt,” like in a criminal proceeding. These types of telephonic proceedings are undeniably tough, but most certainly not impossible; retaining a seasoned Seattle DUI attorney as soon as possible can make all the difference in the world.

In addition to the foregoing, it is also important to note that even if a driver wins his DOL administrative hearing the underlying DUI charge must still be defended in the criminal justice system. In other words, the DOL hearing has no bearing on any criminal charges that may arise out of a DUI arrest in Washington State; the actions are separate and distinct regardless of the fact that they may have arisen out of the same course of conduct.

Because of the significant driver’s license implications a Washington State DUI can have, it is imperative that a person arrested for DUI in Washington State retain either a qualified Seattle DUI attorney or a qualified Bellevue DUI lawyer in order to best minimize potential legal consequences and to protect his driving status. The Seattle criminal attorneys that make up the criminal defense team of SQ Attorneys are highly qualified Seattle/ Bellevue DUI lawyers that are dedicated to providing top notch, aggressive representation for those arrested for and/or 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.

If you or a loved one is arrested for or charged with DUI in King County, Pierce County, Snohomish County, Kitsap County, Thurston County or one of the following cities or towns: Algona, Bellevue, Black Diamond, Bonney Lake, Bothell, Burien, Des Moines, Duvall, Edmonds, Enumclaw, Everett, Federal Way, fife, Hunts Point, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Lake Stevens, Lakewood, Lynnwood, Maple Valley, Marysville, Medina, Mercer Island, Milton, Monroe, Mountlake Terrace, New Castle, Normandy Park, North Bend, Olympia, Puyallup, Redmond, Renton, Sammamish, Sea Tac, Seattle, Shoreline, Snohomish, Sumner, Tacoma, Tukwila, University Place, and/or Woodinville, or any other city or town in Western Washington, call The Criminal Defense Team of SQ Attorneys at (206) 441-0900 for an initial free consultation.

Ignition That – SHB 2742

June 5th, 2010

It seems that the Washington State Legislature makes changes to our DUI laws virtually every year. Year 2011 is going to be no different. Substitute House Bill (“SHB”) 2742 makes significant changes to Washington State DUI laws by modifying our ignition interlock device statute. Washington State’s current ignition interlock statute(s) provide that during a license suspension that occurs as a result of a DUI arrest or conviction, a driver may drive a vehicle only if the car operated is equipped with a functioning ignition interlock device. Moreover, to obtain his ability to drive, the driver is required to obtain an “Ignition Interlock License” (“IIL”). The IIL permits the driver to operate a motor vehicle so long as: (1) the vehicle is equipped with a functioning ignition interlock device, and (2) the driver has high risk (“SR22”) insurance in place.

Over the years it has been determined that although Washington’s ignition interlock device laws have worked moderately well, there are a few “kinks” still to be worked out. For instance, although there is an exception to the ignition interlock device requirement for employer owned vehicles that are driven during work hours and for work purposes (i.e. the vehicle driven doesn’t need to be equipped with an ignition interlock device), there are plenty of times when the “exception” simply misses its mark. In other words, the exception should be applicable, but isn’t. This happens, for example, when a business person travels out of town and needs to get from location to location via a rental car. The person is doing business for his boss and the work is being done during work hours, but the rental car is not “owned” by his boss and thus the “work exception” does not apply. To fix this problem, SHB 2742 (effective January 1, 2011) eliminates the ignition interlock requirement for vehicles owned, leased, or rented by a person’s employer, and on those vehicles whose care and/or maintenance is the temporary responsibility of the employer, and driven at the direction of the person’s employer as a requirement of the employment during work hours. Another example where SHB 2742 has been drafted to fix a few “kinks” is where someone is convicted of driving under the influence of drugs, not alcohol. A drug DUI conviction carries with it exactly the same penalties as an alcohol-based DUI conviction, including license suspension. Current law, however, does not allow a driver convicted of a drug DUI to apply for an ignition interlock license. Thus, drivers convicted of drug DUI are prevented from driving anywhere, for any purpose, during the period of license suspension. SHB 2742 fixes this by permitting a driver convicted of a drug DUI to apply for an ignition interlock license and drive under the same terms that apply to those convicted of an alcohol-based DUI.

As they say, those who giveth can taketh away, and you can only imagine that the Washington State Legislature was not going to simply “ease” the stringency of our Washington DUI laws. To that end, SHB 2742 complicates an individual’s right to remove an ignition interlock device when authorized. Effective January 1, 2011, the law will prevent the removal of the ignition interlock device, despite a driver having served the statutorily required ignition interlock time, unless the Department of Licensing has on record a declaration from the ignition interlock provider that states that none of the following have occurred within the previous four months: (1) an attempt to start the vehicle with a breath alcohol concentration of 0.04 or more, (2) Failure to take or pass any required retest, and (3) Failure of the person to appear at the ignition interlock device vendor when required for maintenance, repair, calibration, monitoring, inspection, or replacement of the device. To say the least, an ignition interlock device, like any device, is not perfect and can “act up”. Unfortunately, a driver subjected to an ignition interlock obligation is at the mercy of not only the quality of the ignition interlock device itself, but also the ignition interlock provider he chooses. So best to choose a reputable device and provider if you are ever required to drive a vehicle equipped with a functioning ignition interlock device.

Because of the significant implications a DUI arrest and/or conviction 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 rights and interests. 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.

If you or a loved one is cited for, or charged with, DUI in King County, Pierce County, Snohomish County, Kitsap County, Thurston County or one of the following cities or towns: Algona, Bellevue, Black Diamond, Bonney Lake, Bothell, Burien, Des Moines, Duvall, Edmonds, Enumclaw, Everett, Federal Way, fife, Hunts Point, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Lake Stevens, Lakewood, Lynnwood, Maple Valley, Marysville, Medina, Mercer Island, Milton, Monroe, Mountlake Terrace, New Castle, Normandy Park, North Bend, Olympia, Puyallup, Redmond, Renton, Sammamish, Sea Tac, Seattle, Shoreline, Snohomish, Sumner, Tacoma, Tukwila, University Place, and/or Woodinville, or any other city or town in Western Washington, call The Criminal Defense Team of SQ Attorneys at (206) 441-0900 for an initial free consultation.

Resist the Right to Obstruct your Rights – LAWYER UP!

May 31st, 2010

Generally speaking, if a person is deemed to be interfering with any sort of law enforcement investigation/activity in Washington State, he will be arrested (and possibly charged with) the crime of Obstructing a Public Servant. This happens when law enforcement believes that a person lied to (or otherwise misled) an investigator/detective, destroyed evidence, knowingly failed to present evidence or some other deceitful act. Obstructing a Public Servant in Washington State is a Gross Misdemeanor; the maximum penalty a person faces if convicted of Obstructing a Public Servant in Washington State is one year in jail and a five thousand dollar fine, along with attendant probationary conditions that can last up to two years.

Similarly to Obstructing a Public Servant, if a person is deemed to be intentionally preventing (or attempting to prevent) law enforcement from lawfully arresting him, he will be arrested (and possibly charged with) the crime of Resisting Arrest in Washington State. Although a crime, Resisting Arrest is not a Gross Misdemeanor — like Obstructing a Public Servant. Resisting Arrest in Washington State is a Misdemeanor and carries a maximum penalty of ninety days in jail and a one thousand dollar fine, along with attendant probationary conditions that can last up to two years.

Both Obstructing a Public Servant and Resisting Arrest are considered very serious crimes in Washington State, especially in light of the recent police and civilian conflicts, and resulting deaths, in and around Western Washington. In many cases (because of the way things go down) a person ends up facing charges of Obstructing a Public Servant and/or Resisting Arrest in combination with some other criminal charge such as DUI, Criminal Trespass, Domestic Violence, Hit and Run, or some other Washington State criminal offense.

If you, a friend or a loved one, has been criminally charged with Obstructing a Public Servant and/or Resisting Arrest in Washington, you are probably feeling anxious and even apprehensive about the future. That is why it is so important that the necessary steps to protect rights and freedom are exercised. A Seattle criminal defense lawyer will provide the necessary legal advice and counseling a person needs in these situations, and will greatly enhance a person’s chance of beating (or at the very least reducing) the charges being brought against him. A Seattle criminal defense attorney who is familiar with the Washington legal system will fully review every aspect of the charges being alleged so as to create the best possible defense no matter what one’s criminal background (or lack thereof) may be; a Seattle criminal defense attorney will do everything possible to fully investigate every facet of a person’s arrest and the actions leading up to it. Statistically speaking, individuals who utilize the representation and assistance of a legal professional during a criminal case achieve significantly better results than those who do not work with a seasoned criminal defense attorney.

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 Obstructing a Public Servant and/or Resisting Arrest in and around Western Washington and the greater Puget Sound region. The SQ 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 being brought are considered in creating the fairest, most equitable and just resolution possible in light of all the surrounding circumstances. If you, a friend or a loved one is facing a criminal charge in Washington State, protect your rights and freedom — call SQ Attorneys at (206) 441-0900; it will be the best decision you make all day!

Barred at the Border, that Darn DUI

May 22nd, 2010

The Canadian Immigration and Refugee Act (hereinafter referred to as, the “Act”) legislates who is authorized to enter and/or travel into the great white north — Canada. Under the Act, no person who has been deemed to have committed an “Indictable Offense” may enter Canada unless he has been found to have been “Rehabilitated.” Even if a criminal charge is pending (unresolved) in the United States, the Refugee Act treats the accused as if he is “Under Indictment” and thus excludes him from entry into Canada. It is neither the status of the United States crime, nor the seriousness of the United States crime that determines eligibility to enter or travel into Canada; admissibility is determined by what the United States crime equates to under Canadian law.

The Canadian government views DUI’s differently than our United States governmental bodies. For instance, a DUI charge in Washington State is generally a gross misdemeanor. In Canada, however, a DUI is considered a “hybrid” offense, and as such a Washington state DUI is considered either (1) an “Indictable Offense” (Felony), or (2) one that can be prosecuted as a “Summary Conviction Offense” (Misdemeanor); the prosecuting authority gets to elect how to proceed on hybrid crimes. As such, a person with a Washington State DUI can (and most likely will) be excluded from entering and/or traveling into Canada.

Generally, anyone convicted for DUI in the United States is automatically prohibited from entry and/or travel into Canada for a minimum of 10 years, or until otherwise deemed “Rehabilitated”. If a DUI charge is reduced, the final resolution of the case may be helpful for purposes of entering Canada, but even a reduction of a DUI charge does not guarantee smooth processing at the Canadian border. Retaining legal counsel can help in a person’s effort to gain entry into Canada after a criminal conviction. Unfortunately, however, it will probably take the assistance of both a licensed attorney in the United States, and a licensed attorney in Canada.

When retaining a Washington State attorney to represent you in a DUI allegation you should ensure that the attorney being retained has a basic understanding of the issues related to entering into Canada, and how a criminal conviction can curtail Canadian travel plans; many, many people in Washington enjoy the luxury of routinely traveling to and from Canada. If an attorney fails to adequately contemplate the implications of a criminal conviction on his client’s ability to travel to Canada, it can have far reaching and long lasting negative consequences.

Because of the significant consequences one faces when arrested for DUI in Washington State, it is imperative that he retain a qualified Washington State DUI attorney so as to not only best minimize the myriad of legal consequences he faces, but also to protect his rights and liberty interests. 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 and around 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 DUI allegations are considered in creating the fairest, most equitable and just resolution possible.

If you or a loved one is cited or otherwise arrested for or charged with DUI in King County, Pierce County, Snohomish County, Kitsap County, Thurston County or one of the following cities or towns: Algona, Bellevue, Black Diamond, Bonney Lake, Bothell, Burien, Des Moines, Duvall, Edmonds, Enumclaw, Everett, Federal Way, fife, Hunts Point, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Lake Stevens, Lakewood, Lynnwood, Maple Valley, Marysville, Medina, Mercer Island, Milton, Monroe, Mountlake Terrace, New Castle, Normandy Park, North Bend, Olympia, Puyallup, Redmond, Renton, Sammamish, Sea Tac, Seattle, Shoreline, Snohomish, Sumner, Tacoma, Tukwila, University Place, and/or Woodinville, or any other city or town in Western Washington, call The Criminal Defense Team of SQ Attorneys at (206) 441-0900 for an initial free consultation.

Drinking, Driving and the Teenage Minor

May 12th, 2010

redlightsWashington State DUI stops, arrests and convictions do not only happen to adults. Unfortunately, teenagers, and other Washington State minors, can just as easily be stopped, arrested and even convicted for DUI in Washington State. Teenagers and other minors generally get into Washington State DUI related incidents during weekend nights. It has been determined that teenage and minor DUI’s not only are responsible for causing a significant number of deaths throughout Washington State each year, but are also responsible for billions of dollars in financial damages to our state’s economy each year; this may be due in part to: (1) alcohol and/or drugs, and (2) the fact that a lot of teenage minors are not properly trained as drivers, thus increasing the likelihood they will be involved in an accident. Shockingly, almost thirty percent of all teenage minor automobile deaths involved some allegation of driving under the influence.

A Washington State teenage minor DUI can result in substantial and severe damage to a youngster’s future life, both personally and professionally. A teenage minor convicted of DUI in Washington State is likely to face jail time, license suspension, fines, and court ordered alcohol treatment. A DUI conviction cannot be (and will not be) expunged or vacated from the teenage minor’s criminal history; in short, it is a lifelong stigma. Because of the severe and potentially lifelong negative implications of a DUI conviction, a parent of a teenage minor should take a proactive stance and seek to implement some preventative measures to curb teenage minor DUI. To this end, below following are a few basic suggestions from SQ Attorneys:

(1) At an early age educate the teenage minor about the significant consequences of drinking/ drugging and driving;

(2) Maintain an open dialogue between parent and child, and always be willing to openly talk about alcohol and drugs and the effect those substances have on one’s body;

(3) Continuously ensure that access to drugs and alcohol is limited to the greatest extent possible;

(4) Eliminate access to vehicles if it is suspected that drinking/ drugging is going on;

(5) Preach abstinence until the age of twenty-one; but be realistic, and discuss options such as appointing a designated driver, calling a taxi or calling a family member for a ride home.

We all love our children greatly, and we all ourselves have been a child.  As such, we know what it is like growing up and being “young and impressionable”.  As parents the best that we can do is to guide our children, as they say … “you can lead a horse to water, but you can’t make it drink it”. In other words, sometimes our best “proactive” and/or “preventative” efforts are simply not enough.  Although true, it is nothing to be ashamed of or embarrassed about – it’s just a fact. Regardless, we must be vigilant in protecting our childrens’ rights and interests; we cannot let a mistake destroy their future.

man holding criminal bookTo that end, if your teenage or 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 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 DUI allegations are considered in creating the fairest, most equitable and just resolution possible in light of all the surrounding circumstances. Call SQ Attorneys if you or a loved one is cited for DUI in Washington State – it will be the best decision you make all day.

Domestic Violence VooDoo

May 7th, 2010

In Washington State a call to police regarding an allegation of domestic violence can lead to significant and immediate consequences – consequences that may never have been intended by the 911 caller or even by the alleged victim, if different from the caller. Once a person has been accused of domestic violence in Washington State, he/she should ensure that he/she does not go through the legal process alone; it is a minefield that can realistically only be navigated by the most seasoned and adept Washington State domestic violence attorney. Below is a general synopsis of what is likely to happen if police are called to an alleged domestic violence scene:

(1) The Police are legally obligated, or otherwise required, to arrest and take to jail anyone accused of domestic violence if the police contact the parties within four hours of when the crime allegedly occurred.handcuffs

(2) The Police will arrest the person they decide is the primary aggressor in the incident. Often, the determination of who was the primary aggressor is made with little to no investigation; in fact, the decision is generally made on no more than a few simple things like a person’s size or gender, or who told a better story or who appeared more believable.

(3) A person charged with a domestic violence related allegation is required to appear at all court proceedings. There are usually several times an accused must appear in court; the loss of time at work and/or school can be significant no matter what the outcome of the case may be.

(4) It is likely that a person accused of a domestic violence related crime will be required to post a bail; those costs typically range from hundreds to even thousands of dollars.

(5) Courts are likely to issue a No Contact Order which prohibits an accused from having any contact with the alleged victim and possibly others involved in the incident such as children and/or other relatives. The No Contact Order may also include a prohibition of one’s presence in places, such as his/her home, business or even school.

(6) Courts are likely to issue an order mandating that an accused surrender any and all weapons that he/she owns; the weapons, depending on the outcome of the case, may be forfeited, and if a person is convicted of any domestic violence related offense he/she will lose  his/her right to possess a firearm for life pursuant to federal laws and regulations.

Because of the grave consequences associated with domestic violence related allegations, it is of paramount importance that a person accused of committing a crime involving domestic violence have a strong and articulate advocate on his/her side. Washington State domestic violence cases often involve complex family dynamics that require a true understanding of the circumstances surrounding the facts and issues that gave rise to the police being called in the first place. The parties’ story often needs to be conveyed to the prosecution and to the court in a manner that can be understood and accepted; it needs to be conveyed in a manner that can be appreciated, without passing judgment. The Seattle criminal attorneys that make up the criminal defense team of SQ Attorneys have the ability and the passion to accomplish just this goal. SQ Attorneys is a collection of Washington State litigators with a stellar reputation for being highly effective Seattle domestic violence defense lawyers; they are dedicated to providing top notch, aggressive representation for those arrested for domestic violence in and around Western Washington and the greater Puget Sound region. The team is designed to create success by working with law enforcement and the prosecuting attorney’s office so as to ensure that all facts and circumstances related to the criminal allegations brought against the accused are considered in creating the fairest, most equitable and just resolution possible in light of all the surrounding circumstances. If accused of domestic violence in Washington State, protect your rights – contact SQ Attorneys.