Recent Blog Posts
Potential penalties for vehicular homicide
Vehicular homicide is a serious crime, and Washington has harsh punishments. The act is a class A felony, and according to RCW 9A.20.021, the maximum prison time is life.
It is difficult to describe the potential penalties you face after a vehicular homicide. The prison time varies widely. However, you need to know something about the severity of a vehicular homicide conviction because there is no room to take chances.
DUI convictions add to your sentence
Washington law does not differentiate between the severity of a DUI-related vehicular homicide and reckless driving. However, you should know that the punishments start to stack up if you have alcohol in your system. If you have a prior DUI conviction in the previous seven years, your mandatory minimum jail time increases from one to thirty days or an extended home monitoring period. This is for a blood alcohol concentration of less than .15 percent. The penalties continue to increase as your BAC measures higher.
Can your online behavior result in criminal charges?
Many people use the internet as a venue for free speech and personal expression, but taking things too far can complicate legal matters.
If you, a family member or a friend decide to use your social media accounts to vent about your case or confront alleged victims, you could face serious criminal consequences.
Violating a no-contact order
When parties in civil litigation cannot behave, the courts can legally require them to halt communications with one another during proceedings. When judges issue restraining orders, they mean business. Messages, tweets, likes and friend requests all count as “contact” and can land you in jail with contempt and other charges.
Harassing someone
Online harassment and cyberbullying have become quite common. According to a Pew Research Center study, 41 percent of Americans report experiencing some form of internet stalking. If a court finds you guilty of committing cyber-harassment or online sexual harassment, you could face the following penalties:
Can the wrong person be charged with domestic violence?
The state of Washington defines domestic violence as any crime occurring against parents or grandparents, siblings, spouses, adults who live or have children together, or romantically involved people.
According to the law, police officers must make an arrest when called to a domestic violence situation if they believe the act could have happened in the last four hours. It is up to officers to determine who is most responsible for the crime, and they do not need witnesses or physical evidence to make an arrest. Heated arguments and exaggerated stories may result in the arrest of an innocent person, the victim or a person who acted lawfully.
Can the accusor get the charges dropped?
The state oversees all arrests and charges for domestic violence. The other party is a witness and has no control over getting the charges dropped. Even if a witness does not assist the prosecutor, the district attorney may proceed with the prosecution. The only way to get the charges dropped is by approval from a judge.
How to avoid ruining that first date with a DUI
When you go on a first date, you want to make a good impression. Getting arrested for drinking and driving can quickly ruin your first date and almost instantly prevent you from getting a second.
According to the Washington State Department of Licensing, you could face charges for DUI if you operate a vehicle with a blood alcohol content level at or above 0.08%. The following tips may help you avoid this embarrassing situation in front of your date.
Grab something to eat
Instead of just going out for drinks, include eating a meal together as part of your plans. Food can slow the absorption of alcohol into the bloodstream, which can keep your BAC from rising quickly following an alcoholic beverage or two.
Do something besides bar hopping
Visiting different bars can be a fun way to try new places while you get to know your date. But when you go to different bars, it can be harder to keep track of how much you drink, raising your risk for getting pulled over for drinking and driving.
Drug possession charges and your future
When one is accused of a drug-related offense, a number of questions arise with respect to their current circumstances and the immediate consequences of the case (paying fines, spending time behind bars, etc.). However, it is important to think about the long-term impact of such a case, even if the allegations seem relatively minor in comparison to more serious drug charges. For example, someone facing charges due to possessing a very small amount of an unlawful substance should think about how this will impact them down the road and do everything in their power to secure a better outcome.
One’s future is often threatened in multiple ways due to drug possession charges. For example, those attending college (and prospective students) sometimes face difficulty related to receiving financial support to attend college. Moreover, those who work in certain fields find it nearly impossible to land a lucrative position as a result of previous charges. Relationships, mental health and even custody battles are often affected by these charges. Moreover, the damage to one’s reputation (especially if they are a prominent figure in the community) as a result of a drug possession case is often irreparable.
Can one spouse drop charges against the other spouse?
Let’s say there is a 911 call. The police get to the house and there is a husband and wife who have been arguing. The wife accuses the husband of committing an act of domestic violence against her. Can that wife later decide that she wants to drop the charges against her husband? The answer is absolutely not.
According to FindLaw, the only person who could drop charges in a criminal prosecution for domestic violence is the prosecutor. Only the prosecutor can evaluate the case and then decide to drop charges. A lot of people think that if the victimized spouse goes to the prosecutor on or before the trial and says she does not want to press charges, the prosecutor will just drop the case. That is not what happens at all. Even if the spouse asked the prosecutor not to proceed any further with the case, the prosecutor is going to most likely put the other spouse on the stand and force her to testify against her husband about the incident alleged in the criminal complaint of domestic violence.
Penalties for Washington drug crimes
Possession of a controlled substance can result in significant fines and jail time in Washington. The specific penalties vary depending on the amount of the substance in question, prior criminal history and other factors.
Familiarize yourself with possible legal consequences before facing a court date for Washington drug possession charges.
Narcotics and amphetamines
The state classifies drugs by their potential hazards and considers Schedule I and II substances to be the most dangerous. Schedule I includes opiates, narcotics, codeine, heroin, morphine and hallucinogenic drugs. Schedule II includes fentanyl, methadone, methamphetamine and other stimulants, barbiturates, depressants, and opium extracts such as hydromorphone. Possession of narcotics and amphetamines in these categories constitutes a Class B felony in Washington, punishable by:
The penalties for vehicular manslaughter in Washington
According to FindLaw, when a person kills someone, whether intentionally or unintentionally, the state of Washington declares it a homicide. Depending on the circumstances surrounding and leading up to the killing, the state may further classify a killing as murder or manslaughter. Manslaughter charges arise when the state believes the defendant had no intention of killing the victim, but when evidence suggests his or her actions were negligent or reckless enough that, had he or she acted appropriately, he or she could have prevented the incident.
Washington law defines vehicular homicide as the death of one person by a type of vehicle, such as a car, truck, motorcycle, SUV, bus or taxi. Per state law, the death need not be immediate; rather, it must occur within three years of the date of the incident and as the result of injuries sustained in the accident.
What is the zero tolerance law?
It is no surprise that drinking often accompanies celebrations in Washington State. When you are underage, you may think little of the issue of drinking. You want to go out, have a good time and worry little about anything else. What happens if the police catch you driving under the influence? A DUI is a serious offense, but can be worse if you are underage
A DUI in Washington State is a serious offense. For minors, there is a zero tolerance law, according to the Washington State LCB. If you are under the legal age to drink, then you do not have to be buzzed or drunk to face charges. In fact, you can have a blood alcohol concentration of .02 to .07 percent to lose your license. You may also face a suspended license, alcohol treatment, jail time and more.
As a minor, you do not have to have the alcohol on you to face charges of a minor in possession. If you show signs that you drank alcohol or If you fail the tests, then you may face up to a year in jail or a 5,000 dollar fine.
Guilty pleas bring tax zapper software users lesser sentences
Two owners of a popular Washington restaurant chain entered guilty pleas over an alleged tax evasion scheme that involved using “zapper” software. As reported by U.S. News & World Report, the accused couple pleaded guilty to a charge of conspiracy to defraud the government, which is a serious felony offense. As part of the plea arrangement, however, the restaurant owners avoided a severe punishment.
Federal prosecutors alleged that the couple’s conspiracy consisted of using software programmed to conceal sales income. When customers used cash to pay for meals at their restaurants, the point-of-sale software purportedly “zapped” or modified the business’s revenue records to suppress the cash transaction. After allegedly using the software to hide more than $1 million in restaurant sales, the two owners failed to report those proceeds in order to avoid paying approximately $300,000 worth of taxes to state and federal authorities.
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