Recent Blog Posts

DUIs and insurance rates

 Posted on August 29, 2019 in DUI

Washington police make it extremely clear that people need to avoid driving while under the influence of alcohol or drugs. Throughout the summer, police conducted a “Plan Before You Party” campaign, in which officers told people to arrive home safe without putting anything dangerous in their bodies.

Numerous consequences exist for a first-time DUI charge. You could end up having to pay hefty fines, and you may even spend some time in jail. One consequence people may not think about is their insurance rates. A DUI conviction can make its way back to your insurance agency, and you could end up paying for that mistake for years to come.

How much can insurance increase?

Every case is different, so it is difficult to come up with an exact figure. Your insurance company will take into account various factors, such as your age, past driving history and what kind of vehicle you drive. Your insurance agency will also look at the specifics surrounding your DUI case, such as whether you caused any property damage. When everything is over, you could end up paying twice as much for the same insurance.

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What should I know about juvenile shoplifting?

 Posted on August 21, 2019 in Criminal Defense

There are many reasons why a juvenile might choose to shoplift in Washington state. Oftentimes, it is a result of an impulsive, one-time bad decision. However, even though a juvenile will not be charged in the state of Washington as an adult for shoplifting, it is important to be aware of how serious these charges can be and how they can impact the juvenile’s future. According to the state of Washington, shoplifting is categorized as “theft in the third degree” assuming that the value of the shoplifted goods does not exceed $750 in value.

The above is the most common charge levied against juvenile shoplifters in Washington state. It is considered to be a gross misdemeanor. If the value of the pilfered items exceeds $750, the shoplifting charge may be turned into a felony. Depending on the case, prosecutors will attempt to combine multiple shoplifting offenses in order to meet the threshold for a felony charge.

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Understanding tax evasion

 Posted on August 21, 2019 in White Collar Crimes

At The Law Office of Michael Austin Stewart in Washington, one of the most important things we do is represent clients accused of allegedly committing a state or federal white-collar crime. Consequently, we know that you will face severe penalties if you receive a white-collar crime conviction, especially for tax evasion.

What you may fail to realize, and what FindLaw explains, is that you can commit tax evasion in several ways, including the following:

  • By knowingly failing to file your tax return
  • By knowingly filing a fraudulent tax return
  • By knowingly failing to report the full amount of your income on your tax return
  • By taking deductions on your tax return knowing that you were not entitled to them
  • By deliberately destroying your financial records in the attempt to leave no paper trail
  • By titling or otherwise listing ownership of your property in someone else’s name so as to fraudulently attempt to reduce your real net worth

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What are white collar crimes?

 Posted on July 31, 2019 in White Collar Crimes

When you hear your Washington friends and neighbors talking about white collar crimes, you may not know exactly what they are talking about. Basically, according to FindLaw, a white collar crime is one in which someone defrauds someone else by engaging in some kind of deceit to do so.

As you might expect, the term “white collar crime” covers a multitude of specific crimes including the following:

  • Theft of wages
  • Bribery
  • Ponzi schemes
  • Insider trading
  • Copyright infringement
  • Money laundering

Other examples of white collar crime include fraud, embezzlement, tax evasion, identity theft and labor racketeering. Keep in mind that both businesses and individuals can and do commit white collar crimes.

Origin of term

A sociologist by the name of Edwin Sutherland first coined the term “white collar crime” in 1939. He defined it as “a crime committed by a person of respectability and high social status in the course of their occupation.”

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What is the age of consent?

 Posted on July 10, 2019 in Criminal Defense

When is comes to sex offenses, one important factor that often comes into pay is age. The alleged victim’s age could mean the difference between being charged or not being charged. It could also affect the specific charge made against you and what the court may convict you on. The main concept with age is the age of consent, which the Washington State Department of Health explains is the age at which a person can consent legally to having sexual intercourse.

The general age of consent in the state is 16 years old. However, that is a little misleading. If an adult who is 35 has a sexual relationship with a child who is 16, it is not likely to be legal unless they are married. However, there are exceptions to the age of consent depending on your age. While 16 is generally the age at which a person may consent to intercourse, if you want to avoid a sexual offense charge, then you should make sure you are not more than five years older than your partner.

Furthermore, there are situations where a person could be in a sexual relationship with a child under the age of 16 and still not face any charges if he or she is not excessively older than the child. For example, if a person is 14 or 15 years old, then he or she may have a sexual relationship with someone who is not more than four years older than him or her. This allows for a freshman in high school to date a senior in high school without having to worry he or she will face criminal charges once he or she turns 18.

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Can I bounce back after a domestic violence charge?

 Posted on July 04, 2019 in Domestic Abuse

In Washington state, the domestic violence is a heavy subject matter with a high rate of recidivism. Domestic violence includes acts against household or family members. This means that any violence or harassment against domestic partners, spouses, former domestic partners, former spouses, persons with children together, persons who reside together after the age of sixteen who have been in a relationship together and persons who are at least sixteen and are in or used to be in a dating relationship.

The Washington State Legislature has domestic violence as assault in the fourth degree. A first offense may only be a gross misdemeanor, whereas two or more convictions can lead to a felony charge. A domestic assault charge, however, does not have to mean that your reputation or life will not ever return to normal. Washington state utilizes risk assessment to establish those who may reoffend and to help reduce domestic violence. The state has a high rate of serious injury and fatality due to domestic violence. The strategies it has in place reduce serious injuries.

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Can character witnesses help in a domestic violence case?

 Posted on June 26, 2019 in Domestic Abuse

When facing criminal charges of any kind, the one thing you want to do is prove your innocence. This is especially true if you face domestic violence charges in Washington. Such a charge can be quite damaging to your reputation and life. However, often these cases are your word against the other person’s word. It can be tough for both sides to make a case. So, you may bring in character witnesses who can speak to who you are as a person and how these charges do not fit with your personality or regular actions.

According to Chron, character witnesses can make a huge impact in a domestic violence case, but it is not always a positive one. The key with this type of witness is getting the jury to trust and like the person. If the jury does not feel they can trust the word of this person, then he or she could do more harm than good.

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What to know about credit card fraud in Washington state

 Posted on June 14, 2019 in Criminal Defense

Credit card fraud is a serious crime with penalties of imprisonment and hefty fines. Data breaches, identity theft and credit card fraud are on the rise and affect millions of people. Washington state specifically outlaws making fraudulent transactions with credit cards.

There are many methods and consequences of credit card fraud. Here is some important information to know about this white-collar offense.

Common types of credit card crimes

Credit card fraud refers to a wide variety of criminal acts:

  • Submitting a fraudulent credit card application
  • Creating a fake card after obtaining details with a skimming device
  • Stealing a card from a mailbox
  • Sending a phishing email posing as a creditor or bank
  • Making unauthorized purchases online with credit card information even if the physical card is not present

Whether the outcome is a fraudulent spending spree or identity theft, it can come with harsh repercussions for the perpetrator.

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What are the penalties for a first-time DUI in Washington?

 Posted on June 14, 2019 in DUI

Even if it is your first run-in with law enforcement, a drunk driving arrest in Washington carries potentially serious, and lasting, consequences. Therefore, it is important for you to understand the penalties you could face if you are convicted of driving under the influence (DUI) in the state.

According to the Washington State Administration Office of the Courts, if you are convicted of DUI with a blood alcohol concentration (BAC) level of between .08 and 0.15, you will be sentenced to a mandatory minimum of 24 consecutive hours in jail and up to 364 days. Should be arrested with a BAC level of 0.15 or greater, you may be sentenced to between 48 consecutive hours and 364 days in jail. In some cases, the court may see fit to order electronic home monitoring or admittance to a 24-hour sobriety program instead of jail time.

In addition to the possibility of jail, you may also be subject to fines if you are convicted of drunk driving. If your BAC level was under 0.15, you may be fined between $99.50 and $5,000. The fine you could face for a DUI with a BAC equal to or in excess of 0.15 is between $1,245.50 and $5,000. You may be fined, as well as required to pay any applicable assessments if you had a passenger under the age of 16 in your vehicle at the time of your arrest.

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What is vehicular manslaughter?

 Posted on June 10, 2019 in Criminal Defense

If you kill someone as a result of causing a Washington car crash, you likely will face charges of vehicular manslaughter. But what exactly does this term mean and what consequences do face if convicted?

FindLaw explains that vehicular manslaughter represents one of the various forms of homicide, i.e., the killing of another person. Unlike murder, however, which means that you allegedly deliberately killed someone, a manslaughter charge means that law enforcement officers do not believe you intended to kill your victim, nor did you plan to kill him or her ahead of time. Instead, your actions were sufficiently reckless or negligent that had you acted appropriately, you would not have killed your victim.

In Washington, you can face charges of either first- or second-degree manslaughter depending on the circumstances of your actions.

First-degree manslaughter

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